[House Hearing, 110 Congress]
[From the U.S. Government Publishing Office]
CURITY THROUGH REGULARIZED IMMIGRATION AND A VIBRANT ECONOMY (STRIVE)
ACT OF 2007
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON IMMIGRATION,
CITIZENSHIP, REFUGEES, BORDER SECURITY,
AND INTERNATIONAL LAW
OF THE
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES
ONE HUNDRED TENTH CONGRESS
FIRST SESSION
ON
H.R. 1645
----------
SEPTEMBER 6, 2007
----------
Serial No. 110-47
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Printed for the use of the Committee on the Judiciary
Available via the World Wide Web: http://judiciary.house.gov
U.S. GOVERNMENT PRINTING OFFICE
37-603 PDF WASHINGTON DC: 2007
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COMMITTEE ON THE JUDICIARY
JOHN CONYERS, Jr., Michigan, Chairman
HOWARD L. BERMAN, California LAMAR SMITH, Texas
RICK BOUCHER, Virginia F. JAMES SENSENBRENNER, Jr.,
JERROLD NADLER, New York Wisconsin
ROBERT C. SCOTT, Virginia HOWARD COBLE, North Carolina
MELVIN L. WATT, North Carolina ELTON GALLEGLY, California
ZOE LOFGREN, California BOB GOODLATTE, Virginia
SHEILA JACKSON LEE, Texas STEVE CHABOT, Ohio
MAXINE WATERS, California DANIEL E. LUNGREN, California
WILLIAM D. DELAHUNT, Massachusetts CHRIS CANNON, Utah
ROBERT WEXLER, Florida RIC KELLER, Florida
LINDA T. SANCHEZ, California DARRELL ISSA, California
STEVE COHEN, Tennessee MIKE PENCE, Indiana
HANK JOHNSON, Georgia J. RANDY FORBES, Virginia
BETTY SUTTON, Ohio STEVE KING, Iowa
LUIS V. GUTIERREZ, Illinois TOM FEENEY, Florida
BRAD SHERMAN, California TRENT FRANKS, Arizona
TAMMY BALDWIN, Wisconsin LOUIE GOHMERT, Texas
ANTHONY D. WEINER, New York JIM JORDAN, Ohio
ADAM B. SCHIFF, California
ARTUR DAVIS, Alabama
DEBBIE WASSERMAN SCHULTZ, Florida
KEITH ELLISON, Minnesota
Perry Apelbaum, Staff Director and Chief Counsel
Joseph Gibson, Minority Chief Counsel
------
Subcommittee on Immigration, Citizenship, Refugees,
Border Security, and International Law
ZOE LOFGREN, California, Chairwoman
LUIS V. GUTIERREZ, Illinois STEVE KING, Iowa
HOWARD L. BERMAN, California ELTON GALLEGLY, California
SHEILA JACKSON LEE, Texas BOB GOODLATTE, Virginia
MAXINE WATERS, California DANIEL E. LUNGREN, California
WILLIAM D. DELAHUNT, Massachusetts J. RANDY FORBES, Virginia
LINDA T. SANCHEZ, California LOUIE GOHMERT, Texas
ARTUR DAVIS, Alabama
KEITH ELLISON, Minnesota
ANTHONY D. WEINER, New York
Ur Mendoza Jaddou, Chief Counsel
George Fishman, Minority Counsel
C O N T E N T S
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SEPTEMBER 6, 2007
Page
TEXT OF BILL
H.R. 1645, the ``Security Through Regularized Immigration and a
Vibrant Economy (STRIVE) Act of 2007''......................... 2
OPENING STATEMENT
The Honorable Zoe Lofgren, a Representative in Congress from the
State of California, and Chairwoman, Subcommittee on
Immigration, Citizenship, Refugees, Border Security, and
International Law.............................................. 1
The Honorable Luis V. Gutierrez, a Representative in Congress
from the State of Illinois, and Member, Subcommittee on
Immigration, Citizenship, Refugees, Border Security, and
International Law.............................................. 181
The Honorable Steve King, a Representative in Congress from the
State of Iowa, and Ranking Member, Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law.. 183
The Honorable John Conyers, Jr., a Representative in Congress
from the State of Michigan, Chairman, Committee on the
Judiciary, and Member, Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law.. 185
WITNESSES
The Honorable Jeff Flake, a Representative in Congress from the
State of Arizona
Oral Testimony................................................. 189
Prepared Statement............................................. 191
The Honorable Joe Baca, a Representative in Congress from the
State of California
Oral Testimony................................................. 193
Prepared Statement............................................. 195
The Honorable Ray LaHood, a Representative in Congress from the
State of Illinois
Oral Testimony................................................. 196
Prepared Statement............................................. 197
The Honorable Brian Bilbray, a Representative in Congress from
the State of California
Oral Testimony................................................. 199
Prepared Statement............................................. 201
Mr. Tony Wasilewski, Small Business Owner, Schiller Park, IL
Oral Testimony................................................. 215
Prepared Statement............................................. 216
Petty Officer Second Class Eduardo Gonzalez, U.S. Navy,
Jacksonville, FL
Oral Testimony................................................. 217
Prepared Statement............................................. 219
Reverend Luis Cortes, Jr., President, Esperanza USA
Oral Testimony................................................. 220
Prepared Statement............................................. 222
Mr. Joshua Hoyt, Executive Director, Illinois Coalition for
Immigrant and Refugee Rights
Oral Testimony................................................. 231
Prepared Statement............................................. 232
Ms. Cassandra Q. Butts, Senior Vice President for Domestic
Policy, Center for American Progress
Oral Testimony................................................. 274
Prepared Statement............................................. 276
Mr. Michael L. Barrera, President and CEO, United States Hispanic
Chamber of Commerce, on behalf of Mr. David Lizarraga, Chairman
of the Board of Directors, United States Hispanic Chamber of
Commerce
Oral Testimony................................................. 280
Prepared Statement............................................. 281
Ms. Julie Kirchner, Director of Government Relations, Federation
for American Immigration Reform
Oral Testimony................................................. 283
Prepared Statement............................................. 285
The Honorable Corey Stewart, Chairman at-Large, Prince William
County Board of Supervisors
Oral Testimony................................................. 302
Prepared Statement............................................. 303
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING
Prepared Statement of the Honorable Zoe Lofgren, a Representative
in Congress from the State of California, and Chairwoman,
Subcommittee on Immigration, Citizenship, Refugees, Border
Security, and International Law................................ 181
Prepared Statement of the Honorable Luis V. Gutierrez, a
Representative in Congress from the State of Illinois, and
Member, Subcommittee on Immigration, Citizenship, Refugees,
Border Security, and International Law......................... 182
Prepared Statement of the Honorable John Conyers, Jr., a
Representative in Congress from the State of Michigan,
Chairman, Committee on the Judiciary, and Member, Subcommittee
on Immigration, Citizenship, Refugees, Border Security, and
International Law.............................................. 186
Prepared Statement of the Honorable Sheila Jackson Lee, a
Representative in Congress from the State of Texas, and Member,
Subcommittee on Immigration, Citizenship, Refugees, Border
Security, and International Law................................ 186
APPENDIX
Material Submitted for the Hearing Record
Prepared Statement of the Honorable Hilda L. Solis, a
Representative in Congress from the State of California........ 315
Prepared Statement of the United States Commission on
International Religious Freedom................................ 316
Prepared Statement of the National Council of La Raza (NCLR)..... 330
SECURITY THROUGH REGULARIZED IMMIGRATION AND A VIBRANT ECONOMY (STRIVE)
ACT OF 2007
----------
THURSDAY, SEPTEMBER 6, 2007
House of Representatives,
Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
Committee on the Judiciary,
Washington, DC.
The Subcommittee met, pursuant to notice, at 2:03 p.m., in
Room 2141, Rayburn House Office Building, the Honorable Zoe
Lofgren (Chairwoman of the Subcommittee) presiding.
Present: Representatives Lofgren, Gutierrez, Berman,
Jackson Lee, Davis, Ellison, King, Gallegly, and Goodlatte.
Also present: Chairman Conyers.
Staff present: Ur Mendoza Jaddou, Chief Counsel; J. Traci
Hong, Majority Counsel; George Fishman, Minority Counsel; and
Benjamin Staub, Professional Staff Member.
Ms. Lofgren. Now that the Ranking Member has arrived, the
hearing on the Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law will come to
order.
I would like to welcome the Immigration Subcommittee
Members, our witnesses, and the public to the Committee's
continuing discussion regarding comprehensive immigration
reform.
First, I would like to apologize to everyone who is here.
At exactly 1:00, when the hearing was to begin, the bells rang
and we had a series of votes that has delayed us for 1 hour.
And that is just one of the risks that we face serving in the
House of Representatives. And I am sorry that it has delayed
all of you and inconvenienced you.
Today our hearing will specifically address one
comprehensive immigration reform bill, H.R.1645, otherwise
known as the STRIVE Act, or the Security to Regularized
Immigration in a Vibrant Economy Act of 2007. I would like to
commend our Subcommittee colleague Representative Luis
Gutierrez for not only drafting and introducing this bill, but
also for his service on behalf of comprehensive immigration
reform in the 110th Congress and in many Congresses before the
110th.
[The text of the bill, H.R. 1645, follows:]
HR 1645 IH ___________________________________________________
deg.
I
110th CONGRESS
1st Session
H. R. 1645
To provide for comprehensive immigration reform, and for other
purposes.
__________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2007
Mr. Gutierrez (for himself, Mr. Flake, Mr. Baca, Mr. Lincoln Diaz-
Balart of Florida, Mr. Emanuel, Mr. Radanovich, Ms. Jackson-Lee of
Texas, Mr. LaHood, Mr. Crowley, Mr. Mario Diaz-Balart of Florida,
Ms. Giffords, Ms. Ros-Lehtinen, Ms. Schakowsky, Mr. Fortuno, Mr.
Becerra, Mr. Cardoza, Mr. Cuellar, Mr. Gonzalez, Mr. Grijalva, Mr.
Hinojosa, Mrs. Napolitano, Mr. Ortiz, Mr. Pastor, Mr. Reyes, Mr.
Rodriguez, Ms. Roybal-Allard, Mr. Salazar, Mr. Serrano, Mr. Sires,
and Ms. Solis) introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committee on
Homeland Security, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
__________
A BILL
To provide for comprehensive immigration reform, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Security Through
Regularized Immigration and a Vibrant Economy Act of 2007'' or as the
``STRIVE Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
Sec. 3. Definitions.
Sec. 4. Severability.
Sec. 5. Certification requirements prior to implementation of the
New Worker Program and the conditional nonimmigrant classification.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
Sec. 101. Enforcement personnel.
Sec. 102. Technological assets.
Sec. 103. Infrastructure.
Sec. 104. Ports of entry.
Sec. 105. Secure communication.
Sec. 106. Unmanned aerial vehicles.
Sec. 107. Surveillance technologies programs.
Subtitle B--Border Security Plans, Strategies, and Reports
Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North
American security.
Sec. 114. Border Patrol training capacity review.
Sec. 115. Secure Border Initiative financial accountability.
Subtitle C--Southern Border Security
Sec. 121. Improving the security of Mexico's southern border.
Sec. 122. Report on deaths at the United States-Mexico border.
Sec. 123. Cooperation with the Government of Mexico.
Sec. 124. Temporary National Guard support for securing the
southern land border of the United States.
Sec. 125. United States-Mexico Border Enforcement Review
Commission.
Subtitle D--Secure Entry Initiatives
Sec. 131. Biometric data enhancements.
Sec. 132. US-VISIT System.
Sec. 133. Document fraud detection.
Sec. 134. Improved document integrity.
Sec. 135. Biometric entry-exit system.
Sec. 136. Evasion of inspection or violation of arrival, reporting,
entry, or clearance requirements.
Subtitle E--Law Enforcement Relief for States
Sec. 141. Border relief grant program.
Sec. 142. Northern and southern border prosecution initiative.
Subtitle F--Rapid Response Measures
Sec. 151. Deployment of Border Patrol agents.
Sec. 152. Border Patrol major assets.
Sec. 153. Electronic equipment.
Sec. 154. Personal equipment.
Sec. 155. Authorization of appropriations.
Subtitle G--Border Infrastructure and Technology Modernization
Sec. 161. Definitions.
Sec. 162. Port of Entry Infrastructure Assessment Study.
Sec. 163. National Land Border Security Plan.
Sec. 164. Expansion of commerce security programs.
Sec. 165. Port of entry technology demonstration program.
Sec. 166. Authorization of appropriations.
Subtitle H--Safe and Secure Detention
Sec. 171. Definitions.
Sec. 172. Recording secondary inspection interviews.
Sec. 173. Procedures governing detention decisions.
Sec. 174. Legal orientation program.
Sec. 175. Conditions of detention.
Sec. 176. Office of Detention Oversight.
Sec. 177. Secure alternatives program.
Sec. 178. Less restrictive detention facilities.
Sec. 179. Authorization of appropriations; effective date.
Subtitle I--Other Border Security Initiatives
Sec. 181. Combating human smuggling.
Sec. 182. Screening of municipal solid waste.
Sec. 183. Border security on certain Federal land.
TITLE II--INTERIOR ENFORCEMENT
Subtitle A--Reducing the Number of Illegal Aliens in the United States
Sec. 201. Incarceration of criminal aliens.
Sec. 202. Encouraging aliens to depart voluntarily.
Sec. 203. Deterring aliens ordered removed from remaining in the
United States unlawfully.
Sec. 204. Prohibition of the sale of firearms to, or the possession
of firearms by certain aliens.
Sec. 205. Uniform statute of limitations for certain Immigration,
naturalization, and peonage offenses.
Sec. 206. Expedited removal.
Sec. 207. Field agent allocation.
Sec. 208. Streamlined processing of background checks conducted for
immigration benefit applications and petitions.
Sec. 209. State criminal alien assistance program.
Sec. 210. Transportation and processing of illegal aliens
apprehended by State and local law enforcement officers.
Sec. 211. Reducing illegal immigration and alien smuggling on
tribal lands.
Sec. 212. Mandatory address reporting requirements.
Sec. 213. State and local Enforcement of Federal Immigration laws.
Sec. 214. Increased criminal penalties related to drunk driving.
Sec. 215. Law enforcement authority of States and political
subdivisions and transfer to Federal custody.
Sec. 216. Laundering of monetary instruments.
Sec. 217. Increase of Federal detention space and the utilization
of facilities identified for closures as a result of the Defense Base
Closure Realignment Act of 1990.
Sec. 218. Determination of immigration status of individuals
charged with Federal offenses.
Sec. 219. Expansion of the Justice Prisoner and Alien Transfer
System.
Sec. 220. Cancellation of visas.
Subtitle B--Passport and Visa Security
Sec. 221. Reform of passport fraud offenses.
Sec. 222. Other immigration reforms.
Subtitle C--Detention and Removal of Aliens Who Illegally Enter or
Remain in the United States
Sec. 231. Detention and removal of aliens ordered removed.
Sec. 232. Increased criminal penalties for immigration violations.
Sec. 233. Aggravated felony.
Sec. 234. Increased criminal penalties related to gang violence,
removal, and alien smuggling.
Sec. 235. Illegal entry.
Sec. 236. Illegal reentry.
TITLE III--EMPLOYMENT VERIFICATION
Sec. 301. Employment verification.
Sec. 302. Clarification of ineligibility for misrepresentation.
Sec. 303. Antidiscrimination protections.
Sec. 304. Additional protections.
Sec. 305. Additional worksite enforcement and fraud detection
agents.
Sec. 306. Amendments to the Social Security Act and the Internal
Revenue Code.
TITLE IV--NEW WORKER PROGRAM
Sec. 401. Nonimmigrant worker.
Sec. 402. Admission of nonimmigrant workers.
Sec. 403. Employer obligations.
Sec. 404. Alien employment management system.
Sec. 405. Recruitment of United States workers.
Sec. 406. Numerical limitations.
Sec. 407. Adjustment to lawful permanent resident status.
Sec. 408. Requirements for participating countries.
Sec. 409. Compliance investigators.
Sec. 410. Standing commission on immigration and labor markets.
Sec. 411. Admission of nonimmigrants.
Sec. 412. Agency representation and coordination.
Sec. 413. Sense of Congress regarding personal protective
equipment.
Sec. 414. Rulemaking; effective date.
Sec. 415. Authorization of appropriations.
TITLE V--VISA REFORMS
Subtitle A--Backlog Reduction
Sec. 501. Elimination of existing backlogs.
Sec. 502. Increasing country limits and exempting family-sponsored
and employment-based immigrants.
Sec. 503. Allocation of immigrant visas.
Sec. 504. Nursing shortage.
Sec. 505. Expedited adjudication of employer petitions for aliens
of extraordinary artistic ability.
Sec. 506. Powerline workers and boilermakers.
Sec. 507. H-1B visas.
Sec. 508. United States educated immigrants.
Sec. 509. Student visa reform.
Sec. 510. L-1 visa holders subject to visa backlog.
Sec. 511. Retaining workers subject to green card backlog.
Sec. 512. Streamlining the adjudication process for established
employers.
Sec. 513. Providing premium processing of Employment-Based visa
petitions.
Sec. 514. Eliminating procedural delays in labor certification
process.
Sec. 515. Visa revalidation.
Sec. 516. Relief for minor children and widows.
Sec. 517. Relief for widows and orphans.
Sec. 518. Sons and daughters of Filipino World War II veterans.
Sec. 519. Determinations under the Haitian Refugee Immigration
Fairness Act of 1998.
Sec. 520. S visas.
Sec. 521. L visa limitations.
Sec. 522. Establishment of new fashion model nonimmigrant
classification.
Sec. 523. EB-5 regional center program.
Sec. 524. Return of Talent Program.
Subtitle B--Preservation of Immigration Benefits for Victims of a Major
Disaster or Emergency
Sec. 531. Short title.
Sec. 532. Definitions.
Sec. 533. Special immigrant status.
Sec. 534. Extension of filing or reentry deadlines.
Sec. 535. Humanitarian relief for certain surviving spouses and
children.
Sec. 536. Recipient of public benefits.
Sec. 537. Age-out protection.
Sec. 538. Employment eligibility verification.
Sec. 539. Naturalization.
Sec. 540. Discretionary authority.
Sec. 541. Evidentiary standards and regulations.
Sec. 542. Identification documents.
Sec. 543. Waiver of regulations.
Sec. 544. Notices of change of address.
Sec. 545. Foreign students and exchange program participants.
TITLE VI--LEGALIZATION OF UNDOCUMENTED INDIVIDUALS
Subtitle A--Conditional Nonimmigrants
Sec. 601. Conditional nonimmigrants.
Sec. 602. Adjustment of status for conditional nonimmigrants.
Sec. 603. Administrative and judicial review.
Sec. 604. Mandatory disclosure of information.
Sec. 605. Penalties for false statements in applications.
Sec. 606. Aliens not subject to direct numerical limitations.
Sec. 607. Employer protections.
Sec. 608. Limitations on eligibility.
Sec. 609. Rulemaking.
Sec. 610. Authorization of appropriations.
Subtitle B--DREAM Act of 2007
Sec. 621. Short title.
Sec. 622. Definitions.
Sec. 623. Restoration of State option to determine residency for
purposes of higher education benefits.
Sec. 624. Cancellation of removal and adjustment of status of
certain long-term residents who entered the United States as children.
Sec. 625. Conditional permanent resident status.
Sec. 626. Retroactive benefits under this Act.
Sec. 627. Exclusive jurisdiction.
Sec. 628. Penalties for false statements in application.
Sec. 629. Confidentiality of information.
Sec. 630. Expedited processing of applications; prohibition on
fees.
Sec. 631. Higher education assistance.
Sec. 632. GAO report.
Subtitle C--AgJOBS Act of 2007
Sec. 641. Short title.
Sec. 642. Definitions.
Chapter 1--Pilot Program for Earned Status Adjustment of Agricultural
Workers
subchapter a--blue card status
Sec. 643. Requirements for blue card status.
Sec. 644. Treatment of aliens granted blue card status.
Sec. 645. Adjustment to permanent residence.
Sec. 646. Applications.
Sec. 647. Waiver of numerical limitations and certain grounds for
inadmissibility.
Sec. 648. Administrative and judicial review.
Sec. 649. Use of information.
Sec. 650. Regulations, effective date, authorization of
appropriations.
subchapter b--correction of social security records
Sec. 651. Correction of Social Security records.
Chapter 2--Reform of H-2A Worker Program
Sec. 652. Amendment to the Immigration and Nationality Act.
Chapter 3--Miscellaneous Provisions
Sec. 653. Determination and use of user fees.
Sec. 654. Regulations.
Sec. 655. Reports to Congress.
Sec. 656. Effective date.
Subtitle D--Programs to Assist Nonimmigrant Workers
Sec. 661. Grants to support public education and community
training.
Sec. 662. Grant program to assist applicants for naturalization.
Sec. 663. Strengthening American citizenship.
Sec. 664. Addressing poverty in Mexico.
TITLE VII--MISCELLANEOUS
Subtitle A--Increasing Court Personnel
Sec. 701. Additional immigration personnel.
Sec. 702. Senior judge participation in the selection of
magistrates.
Sec. 703. Study on the appellate process for immigration appeals.
Sec. 704. Sense of Congress regarding the establishment of an
immigration court system.
Subtitle B--Citizenship Assistance for Members of the Armed Services
Sec. 711. Waiver of requirement for fingerprints for members of the
Armed Forces.
Sec. 712. Noncitizen membership in the Armed Forces.
Sec. 713. Provision of information on naturalization to members of
the Armed Forces.
Sec. 714. Provision of information on naturalization to the public.
Sec. 715. Reports.
Subtitle C--Family Humanitarian Relief
Sec. 721. Adjustment of status for certain nonimmigrant victims of
terrorism.
Sec. 722. Cancellation of removal for certain immigrant victims of
terrorism.
Sec. 723. Exceptions.
Sec. 724. Evidence of death.
Sec. 725. Definitions.
Subtitle D--Other Matters
Sec. 731. Office of Internal Corruption Investigation.
Sec. 732. Adjustment of status for certain persecuted religious
minorities.
Sec. 733. Eligibility of agricultural and forestry workers for
certain legal assistance.
Sec. 734. State court interpreter grants.
Sec. 735. Adequate notice for alternate country of removal.
Sec. 736. Standards for biometric documents.
Sec. 737. State Impact Assistance Account.
Sec. 738. New Worker Program and Conditional Nonimmigrant Fee
Account.
SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 3. DEFINITIONS.
In this Act:
(1) Department.--Except as otherwise provided, the term
``Department'' means the Department of Homeland Security.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
SEC. 4. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be invalid for any reason, the remainder of
this Act, the amendments made by this Act, and the application of the
provisions of such to any other person or circumstance shall not be
affected by such holding.
SEC. 5. CERTIFICATION REQUIREMENTS PRIOR TO IMPLEMENTATION OF THE NEW
WORKER PROGRAM AND THE CONDITIONAL NONIMMIGRANT
CLASSIFICATION.
Notwithstanding any other provision of this Act, the Secretary may
not implement the New Worker Program established in the amendments made
by title IV or grant conditional nonimmigrant classification under the
amendments made by title VI prior to the date that the Secretary
submits to the President and Congress a certification that the
following conditions have been met:
(1) Secure border.--The Secretary has submitted to Congress
a report on the status of the implementation of the border
surveillance technology improvements described in the Secure
Border Initiative, including target dates for the completion of
such improvements.
(2) Secure documents.--That the systems and infrastructure
necessary to carry out the improvements to immigration document
security required by this Act and the amendments made by this
Act, including documents that will be issued under the New
Worker Program and to aliens granted conditional nonimmigrant
classification, have been developed, tested for reliability and
accuracy, and are ready for use, including systems and
infrastructure necessary to permit the Director of the Federal
Bureau of Investigation to conduct required background checks.
(3) First phase implementation of the electronic employment
eligibility verification system.--The first phase of the
Electronic Employment Verification System described in section
274A of the Immigration and Nationality Act, as amended by
section 301 of this Act, for critical infrastructure employers
described in subsection (c)(10)(i) of such section 274A has
been implemented.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
SEC. 101. ENFORCEMENT PERSONNEL.
(a) Port of Entry Inspectors.--
(1) Additional inspectors.--In each of the fiscal years
2008 through 2012, the Secretary shall, subject to the
availability of appropriations, increase by not less than 500
the number of positions for full-time active duty port of entry
inspectors and provide appropriate training, equipment, and
support to such additional inspectors.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of the fiscal years 2008 through 2012 to
carry out paragraph (1).
(b) Border Patrol Agents.--Section 5202 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat.
3734) is amended to read as follows:
``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
``(a) Annual Increases.--The Secretary of Homeland Security shall,
subject to the availability of appropriations for such purpose,
increase the number of positions for full-time active-duty Border
Patrol agents within the Department of Homeland Security (above the
number of such positions for which funds were appropriated for the
preceding fiscal year), by--
``(1) 2,000 in fiscal year 2008;
``(2) 2,400 in fiscal year 2009;
``(3) 2,400 in fiscal year 2010;
``(4) 2,400 in fiscal year 2011; and
``(5) 2,400 in fiscal year 2012.
``(b) Northern Border.--In each of the fiscal years 2008 through
2012, in addition to the Border Patrol agents assigned along the
northern border of the United States during the previous fiscal year,
the Secretary shall assign a number of Border Patrol agents equal to
not less than 20 percent of the net increase in Border Patrol agents
during each such fiscal year.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2008 through 2012 to carry out this section.''.
(c) Investigative Personnel.--
(1) Immigration and customs enforcement investigators.--
Section 5203 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) is
amended by striking ``800'' and inserting ``1000''.
(2) Additional personnel.--In addition to the positions
authorized under section 5203 of the Intelligence Reform and
Terrorism Prevention Act of 2004, as amended by paragraph (1),
during each of the fiscal years 2008 through 2012, the
Secretary shall, subject to the availability of appropriations,
increase by not less than 200 the number of positions for
personnel within the Department assigned to investigate alien
smuggling.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of the fiscal years 2008 through 2012 to
carry out this section.
(d) Deputy United States Marshals.--
(1) Additional united states marshals.--In each of the
fiscal years 2008 through 2012, the Attorney General shall,
subject to the availability of appropriations, increase by not
less than 50 the number of positions for full-time active duty
Deputy United States Marshals that investigate criminal matters
related to immigration.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Attorney General such sums as may be
necessary for each of the fiscal years 2008 through 2012 to
carry out paragraph (1).
(e) Recruitment of Former Members of the Armed Forces and Members
of Reserve Components of the Armed Forces.--
(1) Requirement for program.--The Secretary, in conjunction
with the Secretary of Defense, shall establish a program to
actively recruit covered members or former members of the Armed
Forces to serve in United States Customs and Border Protection.
(2) Report on recruitment incentives.--
(A) Requirement.--Not later than 60 days after the
date of enactment of this Act, the Secretary and the
Secretary of Defense shall jointly submit to the
appropriate committees of Congress a report assessing
the desirability and feasibility of offering an
incentive to a covered member or former member of the
Armed Forces for the purpose of encouraging such member
to serve in United States Customs and Border
Protection. The Secretary and the Secretary of Defense
shall assume that the cost of any such incentive shall
be borne by the Secretary.
(B) Content.--The report required by subparagraph
(A) shall include--
(i) an assessment of the desirability and
feasibility of offering any incentive,
including a monetary incentive, that the
Secretary and the Secretary of Defense jointly
consider appropriate, regardless of whether
such incentive is authorized by law or
regulations on the date of enactment of this
Act;
(ii) a detailed assessment of the
desirability and feasibility of such an
incentive that would--
(I) encourage service in United
States Customs and Border Protection by
a covered member or a former member of
the Armed Forces who provided border
patrol or border security assistance to
United States Customs and Border
Protection as part of the member's
duties as a member of the Armed Forces;
and
(II) leverage military training and
experience by accelerating training, or
allowing credit to be applied to
related areas of training, required for
service with United States Customs and
Border Protection;
(iii) a description of various monetary and
non-monetary incentives considered for purposes
of the report;
(iv) an assessment of the desirability and
feasibility of utilizing any such incentive for
the purpose described in subparagraph (A); and
(v) any other matter that the Secretary and
the Secretary of Defense jointly consider
appropriate.
(3) Definitions.--In this subsection:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on Homeland Security and Governmental Affairs
of the Senate; and
(ii) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on Homeland Security of the House of
Representatives.
(B) Covered member or former member of the armed
forces.--The term ``covered member or former member of
the Armed Forces'' means an individual--
(i) who is a member of a reserve component
of the Armed Forces; or
(ii) who is a former member of the Armed
Forces within 2 years of separation from
service in the Armed Forces.
SEC. 102. TECHNOLOGICAL ASSETS.
(a) Increased Availability of Equipment.--The Secretary and the
Secretary of Defense shall develop and implement a plan to use
authorities provided to the Secretary of Defense under chapter 18 of
title 10, United States Code, to increase the availability and use of
Department of Defense equipment, including unmanned aerial vehicles,
tethered aerostat radars, and other surveillance equipment, to assist
the Secretary in carrying out surveillance activities conducted at or
near the international land borders of the United States to prevent
illegal immigration.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary and the Secretary of Defense shall submit to
Congress a report that contains--
(1) a description of the current use of Department of
Defense equipment to assist the Secretary in carrying out
surveillance of the international land borders of the United
States and assessment of the risks to citizens of the United
States and foreign policy interests associated with the use of
such equipment;
(2) the plan developed under subsection (b) to increase the
use of Department of Defense equipment to assist such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by the Secretary of Defense under such
plan during the 1-year period beginning on the date of the
submission of the report.
(c) Unmanned Aerial Vehicle Pilot Program.--During the 1-year
period beginning on the date on which the report is submitted under
subsection (b), the Secretary shall conduct a pilot program to test
unmanned aerial vehicles for border surveillance along the
international border between Canada and the United States.
(d) Construction.--Nothing in this section may be construed as
altering or amending the prohibition on the use of any part of the Army
or the Air Force as a posse comitatus under section 1385 of title 18,
United States Code.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
the fiscal years 2008 through 2012 to carry out subsection (a).
SEC. 103. INFRASTRUCTURE.
(a) Construction of Border Control Facilities.--Subject to the
availability of appropriations, the Secretary shall construct all-
weather roads and acquire additional vehicle barriers and facilities
necessary to achieve operational control of the international borders
of the United States.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
the fiscal years 2008 through 2012 to carry out subsection (a).
SEC. 104. PORTS OF ENTRY.
The Secretary is authorized to--
(1) construct additional ports of entry along the
international land borders of the United States, at locations
to be determined by the Secretary; and
(2) make necessary improvements to the ports of entry in
existence on the date of enactment of this Act.
SEC. 105. SECURE COMMUNICATION.
The Secretary shall, as expeditiously as practicable, develop and
implement a plan to improve the use of satellite communications and
other technologies to ensure clear and secure 2-way communication
capabilities--
(1) among all Border Patrol agents conducting operations
between ports of entry;
(2) between Border Patrol agents and their respective
Border Patrol stations;
(3) between Border Patrol agents and residents in remote
areas along the international land borders of the United
States; and
(4) between all appropriate border security agencies of the
Department and State, local, and tribal law enforcement
agencies.
SEC. 106. UNMANNED AERIAL VEHICLES.
(a) Unmanned Aerial Vehicles and Associated Infrastructure.--The
Secretary shall acquire and maintain unmanned aerial vehicles and
related equipment for use to patrol the international borders of the
United States, including equipment such as--
(1) additional sensors;
(2) critical spares;
(3) satellite command and control; and
(4) other necessary equipment for operational support.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary for each of the fiscal years 2008 and 2009 such
sums as may be necessary to carry out subsection (a).
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in paragraph (1) are
authorized to remain available until expended.
SEC. 107. SURVEILLANCE TECHNOLOGIES PROGRAMS.
(a) Aerial Surveillance Program.--
(1) In general.--In conjunction with the border
surveillance plan developed under section 5201 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not
later than 90 days after the date of enactment of this Act,
shall develop and implement a program to fully integrate and
utilize aerial surveillance technologies, including unmanned
aerial vehicles, to enhance the security of the international
border between the United States and Canada and the
international border between the United States and Mexico. The
goal of the program shall be to ensure continuous monitoring of
each mile of each such border.
(2) Assessment and consultation requirements.--In
developing the program under this subsection, the Secretary
shall--
(A) consider current and proposed aerial
surveillance technologies;
(B) assess the feasibility and advisability of
utilizing such technologies to address border threats,
including an assessment of the technologies considered
best suited to address respective threats;
(C) consult with the Secretary of Defense regarding
any technologies or equipment, which the Secretary may
deploy along an international border of the United
States; and
(D) consult with the Administrator of the Federal
Aviation Administration regarding safety, airspace
coordination and regulation, and any other issues
necessary for implementation of the program.
(3) Additional requirements.--
(A) In general.--The program developed under this
subsection shall include the use of a variety of aerial
surveillance technologies in a variety of topographies
and areas, including populated and unpopulated areas
located on or near an international border of the
United States, in order to evaluate, for a range of
circumstances--
(i) the significance of previous
experiences with such technologies in border
security or critical infrastructure protection;
(ii) the cost and effectiveness of various
technologies for border security, including
varying levels of technical complexity; and
(iii) liability, safety, and privacy
concerns relating to the utilization of such
technologies for border security.
(4) Continued use of aerial surveillance technologies.--The
Secretary may continue the operation of aerial surveillance
technologies while assessing the effectiveness of the
utilization of such technologies.
(5) Report to congress.--Not later than 180 days after
implementing the program under this subsection, the Secretary
shall submit to Congress a report regarding such program. The
Secretary shall include in the report a description of such
program together with any recommendations that the Secretary
finds appropriate for enhancing the program.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(b) Integrated and Automated Surveillance Program.--
(1) Requirement for program.--Subject to the availability
of appropriations, the Secretary shall establish a program to
procure additional unmanned aerial vehicles, cameras, poles,
sensors, satellites, radar coverage, and other technologies
necessary to achieve operational control of the international
borders of the United States and to establish a security
perimeter known as a ``virtual fence'' along such international
borders to provide a barrier to illegal immigration. Such
program shall be known as the Integrated and Automated
Surveillance Program.
(2) Program components.--The Secretary shall ensure, to the
maximum extent feasible, that--
(A) the technologies utilized in the Integrated and
Automated Surveillance Program are integrated and
function cohesively in an automated fashion, including
the integration of motion sensor alerts and cameras in
a manner where a sensor alert automatically activates a
corresponding camera to pan and tilt in the direction
of the triggered sensor;
(B) cameras utilized in the Program do not have to
be manually operated;
(C) such camera views and positions are not fixed;
(D) surveillance video taken by such cameras is
able to be viewed at multiple designated communications
centers;
(E) a standard process is used to collect, catalog,
and report intrusion and response data collected under
the Program;
(F) future remote surveillance technology
investments and upgrades for the Program can be
integrated with existing systems;
(G) performance measures are developed and applied
that can evaluate whether the Program is providing
desired results and increasing response effectiveness
in monitoring and detecting illegal intrusions along
the international borders of the United States;
(H) plans are developed under the Program to
streamline site selection, site validation, and
environmental assessment processes to minimize delays
of installing surveillance technology infrastructure;
(I) standards are developed under the Program to
expand the shared use of existing private and
governmental structures to install remote surveillance
technology infrastructure where possible; and
(J) standards are developed under the Program to
identify and deploy the use of nonpermanent or mobile
surveillance platforms that will increase the
Secretary's mobility and ability to identify illegal
border intrusions.
(3) Report to congress.--Not later than 1 year after the
initial implementation of the Integrated and Automated
Surveillance Program, the Secretary shall submit to Congress a
report regarding the Program. The Secretary shall include in
the report a description of the Program together with any
recommendation that the Secretary finds appropriate for
enhancing the program.
(4) Evaluation of contractors.--
(A) Requirement for standards.--The Secretary shall
develop appropriate standards to evaluate the
performance of any contractor providing goods or
services to carry out the Integrated and Automated
Surveillance Program.
(B) Review by the inspector general.--
(i) In general.--The Inspector General of
the Department shall review each new contract
related to the Program that has a value of more
than $5,000,000 in a timely manner, to
determine whether such contract fully complies
with applicable cost requirements, performance
objectives, program milestones, and schedules.
(ii) Reports.--The Inspector General shall
report the findings of each review carried out
under clause (i) to the Secretary in a timely
manner. Not later than 30 days after the date
the Secretary receives a report of findings
from the Inspector General, the Secretary shall
submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report of such findings and a
description of any the steps that the Secretary
has taken or plans to take in response to such
findings.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
Subtitle B--Border Security Plans, Strategies, and Reports
SEC. 111. SURVEILLANCE PLAN.
(a) Requirement for Plan.--The Secretary shall develop a
comprehensive plan for the systematic surveillance of the international
land and maritime borders of the United States.
(b) Content.--The plan required by subsection (a) shall include the
following:
(1) An assessment of existing technologies employed on the
international land and maritime borders of the United States.
(2) A description of the compatibility of new surveillance
technologies with surveillance technologies in use by the
Secretary on the date of enactment of this Act.
(3) A description of how the Commissioner of the United
States Customs and Border Protection is working, or is expected
to work, with the Under Secretary for Science and Technology of
the Department to identify and test surveillance technology.
(4) A description of the specific surveillance technology
to be deployed.
(5) Identification of any obstacles that may impede such
deployment.
(6) A detailed estimate of all costs associated with such
deployment and with continued maintenance of such technologies.
(7) A description of how the Secretary is working with the
Administrator of the Federal Aviation Administration on safety
and airspace control issues associated with the use of unmanned
aerial vehicles.
(8) A description of the program to fully integrate and
utilize aerial surveillance technologies developed pursuant to
section 107(a).
(9) A description of the Integrated and Automated
Surveillance Program established pursuant to section 107(b).
(c) Submission to Congress.--Not later than 6 months after the date
of enactment of this Act, the Secretary shall submit to Congress the
plan required by this section.
SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Requirement for Strategy.--The Secretary, in consultation with
the heads of other appropriate Federal agencies, shall develop a
National Strategy for Border Security that describes actions to be
carried out to achieve operational control over all ports of entry into
the United States and the international land and maritime borders of
the United States.
(b) Content.--The National Strategy for Border Security shall
include the following:
(1) The implementation schedule for the comprehensive plan
for systematic surveillance described in section 111.
(2) An assessment of the threat posed by terrorists and
terrorist groups that may try to infiltrate the United States
at locations along the international land and maritime borders
of the United States.
(3) A risk assessment for all United States ports of entry
and all portions of the international land and maritime borders
of the United States that includes a description of activities
being undertaken--
(A) to prevent the entry of terrorists, other
unlawful aliens, instruments of terrorism, narcotics,
and other contraband into the United States; and
(B) to protect critical infrastructure at or near
such ports of entry or borders.
(4) An assessment of the legal requirements that prevent
achieving and maintaining operational control over the entire
international land and maritime borders of the United States.
(5) An assessment of the most appropriate, practical, and
cost-effective means of defending the international land and
maritime borders of the United States against threats to
security and illegal transit, including intelligence
capacities, technology, equipment, personnel, and training
needed to address security vulnerabilities.
(6) An assessment of staffing needs for all border security
functions, taking into account threat and vulnerability
information pertaining to the borders and the impact of new
security programs, policies, and technologies.
(7) A description of the border security roles and missions
of Federal, State, regional, local, and tribal authorities, and
recommendations regarding actions the Secretary can carry out
to improve coordination with such authorities to enable border
security and enforcement activities to be carried out in a more
efficient and effective manner.
(8) An assessment of existing efforts and technologies used
for border security and the effect of the use of such efforts
and technologies on civil rights, private property rights,
privacy rights, and civil liberties, including an assessment of
efforts to take into account asylum seekers, trafficking
victims, unaccompanied minor aliens, and other vulnerable
populations.
(9) A prioritized list of research and development
objectives to enhance the security of the international land
and maritime borders of the United States.
(10) A description of ways to ensure that the free flow of
travel and commerce is not diminished by efforts, activities,
and programs aimed at securing the international land and
maritime borders of the United States.
(11) An assessment of additional detention facilities and
beds that are needed to detain unlawful aliens apprehended at
United States ports of entry or along the international land
borders of the United States.
(12) A description of the performance metrics to be used to
ensure accountability by the bureaus of the Department in
implementing such Strategy.
(13) A schedule for the implementation of the security
measures described in such Strategy, including a prioritization
of security measures, realistic deadlines for addressing the
security and enforcement needs, an estimate of the resources
needed to carry out such measures, and a description of how
such resources should be allocated.
(c) Consultation.--In developing the National Strategy for Border
Security, the Secretary shall consult with representatives of--
(1) State, local, and tribal authorities with
responsibility for locations along the international land and
maritime borders of the United States; and
(2) appropriate private sector entities, nongovernmental
organizations, and affected communities that have expertise in
areas related to border security.
(d) Coordination.--The National Strategy for Border Security shall
be consistent with the National Strategy for Maritime Security
developed pursuant to Homeland Security Presidential Directive 13,
dated December 21, 2004.
(e) Submission to Congress.--
(1) Strategy.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
the National Strategy for Border Security.
(2) Updates.--The Secretary shall submit to Congress any
update of such Strategy that the Secretary determines is
necessary, not later than 30 days after such update is
developed.
(f) Immediate Action.--Nothing in this section or section 111 may
be construed to relieve the Secretary of the responsibility to take all
actions necessary and appropriate to achieve and maintain operational
control over the entire international land and maritime borders of the
United States.
SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH
AMERICAN SECURITY.
(a) Requirement for Reports.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the Secretary of
State, in coordination with the Secretary and the heads of other
appropriate Federal agencies, shall submit to Congress a report on
improving the exchange of information related to the security of North
America.
(b) Contents.--Each report submitted under subsection (a) shall
contain a description of the following:
(1) Security clearances and document integrity.--The
progress made toward the development of common enrollment,
security, technical, and biometric standards for the issuance,
authentication, validation, and repudiation of secure
documents, including--
(A) technical and biometric standards based on best
practices and consistent with international standards
for the issuance, authentication, validation, and
repudiation of travel documents, including--
(i) passports;
(ii) visas; and
(iii) permanent resident cards;
(B) working with Canada and Mexico to encourage
foreign governments to enact laws to combat alien
smuggling and trafficking, and laws to forbid the use
and manufacture of fraudulent travel documents and to
promote information sharing;
(C) applying the necessary pressures and support to
ensure that other countries meet proper travel document
standards and are committed to travel document
verification before the citizens of such countries
travel internationally, including travel by such
citizens to the United States; and
(D) providing technical assistance for the
development and maintenance of a national database
built upon identified best practices for biometrics
associated with visa and travel documents.
(2) Immigration and visa management.--The progress of
efforts to share information regarding high-risk individuals
who may attempt to enter Canada, Mexico, or the United States,
including the progress made--
(A) in implementing the Statement of Mutual
Understanding on Information Sharing, signed by Canada
and the United States in February 2003; and
(B) in identifying trends related to immigration
fraud, including asylum and document fraud, and to
analyze such trends.
(3) Visa policy coordination and immigration security.--The
progress made by Canada, Mexico, and the United States to
enhance the security of North America by cooperating on visa
policy and identifying best practices regarding immigration
security, including the progress made--
(A) in enhancing consultation among officials who
issue visas at the consulates or embassies of Canada,
Mexico, or the United States throughout the world to
share information, trends, and best practices on visa
flows;
(B) in comparing the procedures and policies of
Canada and the United States related to visitor visa
processing, including--
(i) application process;
(ii) interview policy;
(iii) general screening procedures;
(iv) visa validity;
(v) quality control measures; and
(vi) access to appeal or review;
(C) in exploring methods for Canada, Mexico, and
the United States to waive visa requirements for
nationals and citizens of the same foreign countries;
(D) in providing technical assistance for the
development and maintenance of a national database
built upon identified best practices for biometrics
associated with immigration violators;
(E) in developing and implementing an immigration
security strategy for North America that works toward
the development of a common security perimeter by
enhancing technical assistance for programs and systems
to support advance automated reporting and risk
targeting of international passengers;
(F) in sharing information on lost and stolen
passports on a real-time basis among immigration or law
enforcement officials of Canada, Mexico, and the United
States; and
(G) in collecting 10 fingerprints from each
individual who applies for a visa.
(4) North american visitor overstay program.--The progress
made by Canada and the United States in implementing parallel
entry-exit tracking systems that, while respecting the privacy
laws of both countries, share information regarding third
country nationals who have overstayed their period of
authorized admission in either Canada or the United States.
(5) Terrorist watch lists.--The progress made in enhancing
the capacity of the United States to combat terrorism through
the coordination of counterterrorism efforts, including the
progress made--
(A) in developing and implementing bilateral
agreements between Canada and the United States and
between Mexico and the United States to govern the
sharing of terrorist watch list data and to
comprehensively enumerate the uses of such data by the
governments of each country;
(B) in establishing appropriate linkages among
Canada, Mexico, and the United States Terrorist
Screening Center; and
(C) in exploring with foreign governments the
establishment of a multilateral watch list mechanism
that would facilitate direct coordination between the
country that identifies an individual as an individual
included on a watch list, and the country that owns
such list, including procedures that satisfy the
security concerns and are consistent with the privacy
and other laws of each participating country.
(6) Money laundering, currency smuggling, and alien
smuggling.--The progress made in improving information sharing
and law enforcement cooperation in combating organized crime,
including the progress made--
(A) in combating currency smuggling, money
laundering, alien smuggling, and trafficking in
alcohol, firearms, and explosives;
(B) in determining the feasibility of formulating a
firearms trafficking action plan between Mexico and the
United States;
(C) in developing a joint threat assessment on
organized crime between Canada and the United States;
(D) in determining the feasibility of formulating a
joint threat assessment on organized crime between
Mexico and the United States;
(E) in developing mechanisms to exchange
information on findings, seizures, and capture of
individuals transporting undeclared currency; and
(F) in developing and implementing a plan to combat
the transnational threat of illegal drug trafficking.
(7) Law enforcement cooperation.--The progress made in
enhancing law enforcement cooperation among Canada, Mexico, and
the United States through enhanced technical assistance for the
development and maintenance of a national database built upon
identified best practices for biometrics associated with known
and suspected criminals or terrorists, including exploring the
formation of law enforcement teams that include personnel from
the United States and Mexico, and appropriate procedures for
such teams.
SEC. 114. BORDER PATROL TRAINING CAPACITY REVIEW.
(a) In General.--The Comptroller General of the United States shall
conduct a review of the basic training provided to Border Patrol agents
by the Secretary to ensure that such training is provided as
efficiently and cost-effectively as possible.
(b) Components of Review.--The review under subsection (a) shall
include the following components:
(1) An evaluation of the length and content of the basic
training curriculum provided to new Border Patrol agents by the
Federal Law Enforcement Training Center, including a
description of how such curriculum has changed since September
11, 2001, and an evaluation of language and cultural diversity
training programs provided within such curriculum.
(2) A review and a detailed breakdown of the costs incurred
by United States Customs and Border Protection and the Federal
Law Enforcement Training Center to train 1 new Border Patrol
agent.
(3) A comparison, based on the review and breakdown under
paragraph (2), of the costs, effectiveness, scope, and quality,
including geographic characteristics, with other similar
training programs provided by State and local agencies,
nonprofit organizations, universities, and the private sector.
(4) An evaluation of whether utilizing comparable non-
Federal training programs, proficiency testing, and long-
distance learning programs may affect--
(A) the cost-effectiveness of increasing the number
of Border Patrol agents trained per year;
(B) the per agent costs of basic training; and
(C) the scope and quality of basic training needed
to fulfill the mission and duties of a Border Patrol
agent.
SEC. 115. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General.--The Inspector General of the Department shall
review each contract action relating to the Secure Border Initiative
having a value of more than $20,000,000, to determine whether each such
action fully complies with applicable cost requirements, performance
objectives, program milestones, inclusion of small, minority, and
women-owned business, and time lines. The Inspector General shall
complete a review under this subsection with respect to each contract
action--
(1) not later than 60 days after the date of the initiation
of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Inspector General.--
(1) Action.--If the Inspector General becomes aware of any
improper conduct or wrongdoing in the course of conducting a
contract review under subsection (a), the Inspector General
shall, as expeditiously as practicable, refer information
relating to such improper conduct or wrongdoing to the
Secretary, or to another appropriate official of the
Department, who shall determine whether to temporarily suspend
the contractor from further participation in the Secure Border
Initiative.
(2) Report.--Upon the completion of each review described
in subsection (a), the Inspector General shall submit to the
Secretary a report containing the findings of the review,
including findings regarding--
(A) cost overruns;
(B) significant delays in contract execution;
(C) lack of rigorous departmental contract
management;
(D) insufficient departmental financial oversight;
(E) bundling that limits the ability of small
businesses to compete; or
(F) other high-risk business practices.
(c) Reports by the Secretary.--
(1) In general.--Not later than 30 days after the receipt
of each report required under subsection (b)(2), the Secretary
shall submit a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives, that describes--
(A) the findings of the report received from the
Inspector General; and
(B) the steps the Secretary has taken, or plans to
take, to address the problems identified in such
report.
(2) Contracts with foreign companies.--Not later than 60
days after the initiation of each contract action with a
company whose headquarters are not based in the United States,
the Secretary shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, regarding the Secure Border
Initiative.
(d) Reports on United States Ports.--Not later that 30 days after
receiving information regarding a proposed purchase of a contract to
manage the operations of a United States port by a foreign entity, the
Committee on Foreign Investment in the United States shall submit a
report to Congress that describes--
(1) the proposed purchase;
(2) any security concerns related to the proposed purchase;
and
(3) the manner in which such security concerns have been
addressed.
(e) Authorization of Appropriations.--In addition to amounts that
are otherwise authorized to be appropriated to the Office of the
Inspector General of the Department, there are authorized to be
appropriated to the Office, to enable the Office to carry out this
section--
(1) for fiscal year 2008, not less than 5 percent of the
overall budget of the Office for such fiscal year;
(2) for fiscal year 2009, not less than 6 percent of the
overall budget of the Office for such fiscal year; and
(3) for fiscal year 2010, not less than 7 percent of the
overall budget of the Office for such fiscal year.
Subtitle C--Southern Border Security
SEC. 121. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.
(a) Technical Assistance.--The Secretary of State, in coordination
with the Secretary, shall work to cooperate with the head of Foreign
Affairs Canada and the appropriate officials of the Government of
Mexico to establish a program--
(1) to assess the specific needs of the countries of
Central America in maintaining the security of the
international borders of such countries;
(2) to use the assessment made under paragraph (1) to
determine the financial and technical support needed by the
countries of Central America from Canada, Mexico, and the
United States to meet such needs;
(3) to provide technical assistance to the countries of
Central America to promote issuance of secure passports and
travel documents by such countries; and
(4) to encourage the countries of Central America--
(A) to control alien smuggling and trafficking;
(B) to prevent the use and manufacture of
fraudulent travel documents; and
(C) to share relevant information with Mexico,
Canada, and the United States.
(b) Border Security for the Countries of Central America.--The
Secretary, in consultation with the Secretary of State, shall work to
cooperate--
(1) with the appropriate officials of the governments of
the countries of Central America to provide law enforcement
assistance to such countries to specifically address
immigration issues to increase the ability of such governments
to dismantle human smuggling organizations and gain additional
control over the international borders between the countries of
Central America; and
(2) with the appropriate officials of the governments of
the countries of Central America to establish a program to
provide needed equipment, technical assistance, and vehicles to
manage, regulate, and patrol such international borders.
(c) Tracking Central American Gangs.--The Secretary of State, in
coordination with the Secretary and the Director of the Federal Bureau
of Investigation, shall work to cooperate with the appropriate
officials of the governments of other countries of Central America--
(1) to assess the direct and indirect impact on the United
States and Central America of deporting violent criminal
aliens;
(2) to establish a program and database to track
individuals involved in Central American gang activities;
(3) to develop a mechanism that is acceptable to the
governments of the countries of Central America and of the
United States to notify such a government if an individual
suspected of gang activity will be deported to that country
prior to the deportation and to provide support for the
reintegration of such deportees into that country; and
(4) to develop an agreement to share all relevant
information related to individuals connected with Central
American gangs.
(d) Limitations on Assistance.--Any funds made available to carry
out this section shall be subject to the limitations contained in
section 551 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2218).
SEC. 122. REPORT ON DEATHS AT THE UNITED STATES-MEXICO BORDER.
(a) Collection of Statistics.--The Commissioner of the United
States Customs and Border Protection shall collect statistics relating
to deaths occurring at the border between the United States and Mexico,
including--
(1) the causes of the deaths; and
(2) the total number of deaths.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Commissioner of United States
Customs and Border Protection shall submit to the Secretary a report
that--
(1) analyzes trends with respect to the statistics
collected under subsection (a) during the preceding year; and
(2) recommends actions to reduce the deaths described in
subsection (a).
SEC. 123. COOPERATION WITH THE GOVERNMENT OF MEXICO.
(a) Cooperation Regarding Border Security.--The Secretary of State,
in cooperation with the Secretary and representatives of Federal,
State, and local law enforcement agencies that are involved in border
security and immigration enforcement efforts, shall work with the
appropriate officials from the Government of Mexico to improve
coordination between the United States and Mexico regarding--
(1) improved border security along the international border
between the United States and Mexico;
(2) the reduction of human trafficking and smuggling
between the United States and Mexico;
(3) the reduction of drug trafficking and smuggling between
the United States and Mexico;
(4) the reduction of gang membership in the United States
and Mexico;
(5) the reduction of violence against women in the United
States and Mexico; and
(6) the reduction of other violence and criminal activity.
(b) Cooperation Regarding Education on Immigration Laws.--The
Secretary of State, in cooperation with other appropriate Federal
officials, shall work with the appropriate officials from the
Government of Mexico to carry out activities to educate citizens and
nationals of Mexico regarding eligibility for status as a nonimmigrant
under Federal law to ensure that the citizens and nationals are not
exploited while working in the United States.
(c) Cooperation Regarding Circular Migration.--The Secretary of
State, in cooperation with the Secretary of Labor and other appropriate
Federal officials, shall work with the appropriate officials from the
Government of Mexico to improve coordination between the United States
and Mexico to encourage circular migration, including assisting in the
development of economic opportunities and providing job training for
citizens and nationals in Mexico.
(d) Consultation Requirement.--Federal, State, and local
representatives in the United States shall work to cooperate with their
counterparts in Mexico concerning border security structures along the
international border between the United States and Mexico, as
authorized by this title, in order to--
(1) solicit the views of affected communities;
(2) lessen tensions; and
(3) foster greater understanding and stronger cooperation
on this and other important security issues of mutual concern.
(e) Annual Report.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to Congress a report on the actions taken by the United
States and Mexico under this section.
SEC. 124. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN
LAND BORDER OF THE UNITED STATES.
(a) Authority To Provide Assistance.--
(1) In general.--With the approval of the Secretary of
Defense, the Governor of a State may order any units or
personnel of the National Guard of such State to perform annual
training duty under section 502(a) of title 32, United States
Code, to carry out in any State along the southern land border
of the United States the activities authorized in subsection
(b), for the purpose of securing such border. Such duty shall
not exceed 21 days in any year.
(2) Support.--With the approval of the Secretary of
Defense, the Governor of a State may order any units or
personnel of the National Guard of such State to perform duty
under section 502(f) of title 32, United States Code, to
provide command, control, and continuity of support for units
or personnel performing annual training duty under paragraph
(1).
(b) Authorized Activities.--The activities authorized by this
subsection are any of the following:
(1) Ground reconnaissance activities.
(2) Airborne reconnaissance activities.
(3) Logistical support.
(4) Provision of translation services and training.
(5) Administrative support services.
(6) Technical training services.
(7) Emergency medical assistance and services.
(8) Communications services.
(9) Rescue of aliens in peril.
(10) Construction of roadways, patrol roads, fences,
barriers, and other facilities to secure the southern land
border of the United States.
(11) Ground and air transportation.
(c) Cooperative Agreements.--Units and personnel of the National
Guard of a State may perform activities in another State under
subsection (a) only pursuant to the terms of an emergency management
assistance compact or other cooperative arrangement entered into
between Governors of such States for purposes of this section, and only
with the approval of the Secretary of Defense.
(d) Coordination of Assistance.--The Secretary of Homeland Security
shall, in consultation with the Secretary of Defense and the Governors
of the States concerned, coordinate the performance of activities under
this section by units and personnel of the National Guard.
(e) Annual Training.--Annual training duty performed by members of
the National Guard under subsection (a) shall be appropriate for the
units and individual members concerned, taking into account the types
of units and military occupational specialties of individual members
performing such duty.
(f) Definitions.--In this section:
(1) The term ``Governor of a State'' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
(2) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands.
(3) The term ``State along the southern border of the
United States'' means each of the following:
(A) The State of Arizona.
(B) The State of California.
(C) The State of New Mexico.
(D) The State of Texas.
(g) Duration of Authority.--The authority of this section shall
expire on January 1, 2009.
(h) Prohibition on Direct Participation in Law Enforcement.--
Activities carried out under the authority of this section shall not
include the direct participation of a member of the National Guard in a
search, seizure, arrest, or similar activity.
SEC. 125. UNITED STATES-MEXICO BORDER ENFORCEMENT REVIEW COMMISSION.
(a) Establishment of Commission.--
(1) In general.--There is established an independent
commission to be known as the United States-Mexico Border
Enforcement Review Commission (referred to in this section as
the ``Commission'').
(2) Purposes.--The purposes of the Commission are--
(A) to study the overall enforcement and detention
strategies, programs and policies of Federal agencies
along the United States-Mexico border; and
(B) to make recommendations to the President and
Congress with respect to such strategies, programs and
policies.
(3) Membership.--The Commission shall be composed of 16
voting members, who shall be appointed as follows:
(A) The Governors of the States of California, New
Mexico, Arizona, and Texas shall each appoint 4 voting
members of whom--
(i) 1 shall be a local elected official
from the State's border region;
(ii) 1 shall be a local law enforcement
official from the State's border region; and
(iii) 2 shall be from the State's
communities of academia, religious leaders,
civic leaders or community leaders.
(B) 2 nonvoting members, of whom--
(i) 1 shall be appointed by the Secretary;
and
(ii) 1 shall be appointed by the Attorney
General.
(4) Qualifications.--
(A) In general.--Members of the Commission shall
be--
(i) individuals with expertise in
migration, border enforcement and protection,
civil and human rights, community relations,
cross-border trade and commerce or other
pertinent qualifications or experience; and
(ii) representative of a broad cross
section of perspectives from the region along
the international border between the United
States and Mexico;
(B) Political affiliation.--Not more than 2 members
of the Commission appointed by each Governor under
paragraph (3)(A) may be members of the same political
party.
(C) Nongovernmental appointees.--An individual
appointed as a voting member to the Commission may not
be an officer or employee of the Federal Government.
(5) Deadline for appointment.--All members of the
Commission shall be appointed not later than 6 months after the
enactment of this Act. If any member of the Commission
described in paragraph (3)(A) is not appointed by such date,
the Commission shall carry out its duties under this section
without the participation of such member.
(6) Term of service.--The term of office for members shall
be for the life of the Commission, or 3 years, whichever is
sooner.
(7) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(8) Meetings.--
(A) Initial meeting.--The Commission shall meet and
begin the operations of the Commission as soon as
practicable.
(B) Subsequent meetings.--After its initial
meeting, the Commission shall meet upon the call of the
chairman or a majority of its members.
(9) Quorum.--Nine members of the Commission shall
constitute a quorum.
(10) Chair and vice chair.--The voting members of the
Commission shall elect a Chairman and Vice Chairman from among
its members. The term of office shall be for the life of the
Commission.
(b) Duties.--The Commission shall review, examine, and make
recommendations regarding border enforcement policies, strategies, and
programs, including recommendations regarding--
(1) the protection of human and civil rights of community
residents and migrants along the international border between
the United States and Mexico;
(2) the adequacy and effectiveness of human and civil
rights training of enforcement personnel on such border;
(3) the adequacy of the complaint process within the
agencies and programs of the Department that are employed when
an individual files a grievance;
(4) the effect of the operations, technology, and
enforcement infrastructure along such border on the--
(A) environment;
(B) cross border traffic and commerce; and
(C) the quality of life of border communities;
(5) State and local law enforcement involvement in the
enforcement of Federal immigration law;
(6) the adequacy of detention standards and conditions, and
the extent to which the standards and conditions are enforced;
and
(7) any other matters regarding border enforcement
policies, strategies, and programs the Commission determines
appropriate.
(c) Information and Assistance From Federal Agencies.--
(1) Information from federal agencies.--The Commission may
seek directly from any department or agency of the United
States such information, including suggestions, estimates, and
statistics, as allowed by law and as the Commission considers
necessary to carry out the provisions of this section. Upon
request of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(2) Assistance from federal agencies.--The Administrator of
General Services shall, on a reimbursable basis, provide the
Commission with administrative support and other services for
the performance of the Commission's functions. The departments
and agencies of the United States may provide the Commission
with such services, funds, facilities, staff, and other support
services as they determine advisable and as authorized by law.
(d) Compensation.--
(1) In general.--Members of the Commission shall serve
without pay.
(2) Reimbursement of expenses.--All members of the
Commission shall be reimbursed for reasonable travel expenses
and subsistence, and other reasonable and necessary expenses
incurred by them in the performance of their duties.
(e) Report.--Not later than 2 years after the date of the first
meeting called pursuant to (a)(8)(A), the Commission shall submit a
report to the President and Congress that contains--
(1) findings with respect to the duties of the Commission;
(2) recommendations regarding border enforcement policies,
strategies, and programs;
(3) suggestions for the implementation of the Commission's
recommendations; and
(4) a recommendation as to whether the Commission should
continue to exist after the date of termination described in
subsection (g), and if so, a description of the purposes and
duties recommended to be carried out by the Commission after
such date.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
(g) Sunset.--Unless the Commission is re-authorized by Congress,
the Commission shall terminate on the date that is 90 days after the
date the Commission submits the report described in subsection (e).
Subtitle D--Secure Entry Initiatives
SEC. 131. BIOMETRIC DATA ENHANCEMENTS.
Not later than December 31, 2008, the Secretary shall--
(1) in consultation with the Attorney General, enhance
connectivity between the Automated Biometric Fingerprint
Identification System (IDENT) of the Department and the
Integrated Automated Fingerprint Identification System (IAFIS)
of the Federal Bureau of Investigation to ensure more
expeditious data searches; and
(2) in consultation with the Secretary of State, collect
all fingerprints from each alien required to provide
fingerprints during the alien's initial enrollment in the
integrated entry and exit data system described in section 110
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1365a).
SEC. 132. US-VISIT SYSTEM.
Not later than 6 months after the date of enactment of this Act,
the Secretary, in consultation with the heads of other appropriate
Federal agencies, shall submit to Congress a schedule for--
(1) equipping all land border ports of entry of the United
States with the U.S.-Visitor and Immigrant Status Indicator
Technology (US-VISIT) system implemented under the authority of
section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a);
(2) developing and deploying at such ports of entry the
exit component of the US-VISIT system; and
(3) making interoperable all immigration screening systems
operated by the Secretary.
SEC. 133. DOCUMENT FRAUD DETECTION.
(a) Training.--Subject to the availability of appropriations, the
Secretary shall provide all officers of the United States Customs and
Border Protection with training in identifying and detecting fraudulent
travel documents. Such training shall be developed in consultation with
the head of the Forensic Document Laboratory of United States
Immigration and Customs Enforcement.
(b) Forensic Document Laboratory.--The Secretary shall provide all
United States Customs and Border Protection officers with access to the
Forensic Document Laboratory.
(c) Assessment.--
(1) Requirement for assessment.--The Inspector General of
the Department shall conduct an independent assessment of the
accuracy and reliability of the Forensic Document Laboratory.
(2) Report to congress.--Not later than 6 months after the
date of enactment of this Act, the Inspector General shall
submit to Congress the findings of the assessment required by
paragraph (1).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
fiscal years 2008 through 2012 to carry out this section.
SEC. 134. IMPROVED DOCUMENT INTEGRITY.
(a) In General.--Section 303 of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in the heading, by striking ``entry and
exit documents'' and inserting ``travel
and entry documents and evidence
of status'';
(3) in subsection (b)(1)--
(A) by striking ``Not later than October 26, 2004,
the'' and inserting ``The''; and
(B) by striking ``visas and'' both places it
appears and inserting ``visas, evidence of status,
and'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
``(d) Other Documents.--Not later than December 31, 2008, every
document, other than an interim document, issued by the Secretary of
Homeland Security which may be used as evidence of an alien's
authorization to travel shall be machine-readable and tamper-resistant,
and shall incorporate a biometric identifier to allow the Secretary of
Homeland Security to verify electronically the identity and status of
the alien.''.
SEC. 135. BIOMETRIC ENTRY-EXIT SYSTEM.
(a) Collection of Biometric Data From Aliens Departing the United
States.--Section 215 (8 U.S.C. 1185) is amended--
(1) by redesignating subsection (c) as subsection (g);
(2) by moving subsection (g), as redesignated by paragraph
(1), to the end; and
(3) by inserting after subsection (b) the following:
``(c) The Secretary of Homeland Security is authorized to require
aliens departing the United States to provide biometric data and other
information relating to their immigration status.''.
(b) Inspection of Applicants for Admission.--Section 235(d) (8
U.S.C. 1225(d)) is amended by adding at the end the following:
``(5) Authority to collect biometric data.--In conducting
inspections under subsection (b), immigration officers are
authorized to collect biometric data from--
``(A) any applicant for admission or alien seeking
to transit through the United States; or
``(B) any lawful permanent resident who is entering
the United States and who is not regarded as seeking
admission pursuant to section 101(a)(13)(C).''.
(c) Collection of Biometric Data From Alien Crewmen.--Section 252
(8 U.S.C. 1282) is amended by adding at the end the following:
``(d) An immigration officer is authorized to collect biometric
data from an alien crewman seeking permission to land temporarily in
the United States.''.
(d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is
amended--
(1) in subsection (a)(7), by adding at the end the
following:
``(C) Withholders of biometric data.--Any alien who
knowingly fails to comply with a lawful request for
biometric data under section 215(c) or 235(d) is
inadmissible.''; and
(2) in subsection (d), by inserting after paragraph (1) the
following:
``(2) The Secretary of Homeland Security shall determine
whether a ground for inadmissibility exists with respect to an
alien described in subparagraph (C) of subsection (a)(7) and
may waive the application of such subparagraph for an
individual alien or a class of aliens, at the discretion of the
Secretary.''.
(e) Implementation.--Section 7208 of the 9/11 Commission
Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
(1) in subsection (c), by adding at the end the following:
``(3) Implementation.--In fully implementing the automated
biometric entry and exit data system under this section, the
Secretary is not required to comply with the requirements of
chapter 5 of title 5, United States Code (commonly referred to
as the Administrative Procedure Act) or any other law relating
to rulemaking, information collection, or publication in the
Federal Register.''; and
(2) in subsection (l)--
(A) by striking ``There are authorized'' and
inserting the following:
``(1) In general.--There are authorized''; and
(B) by adding at the end the following:
``(2) Implementation at all land border ports of entry.--
There are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2008 and 2009 to implement
the automated biometric entry and exit data system at all land
border ports of entry.''.
SEC. 136. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING,
ENTRY, OR CLEARANCE REQUIREMENTS.
(a) In General.--Chapter 27 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 556. Evasion of inspection or violation of arrival, reporting,
entry, or clearance requirements
``(a) Prohibition.--A person at a port of entry or customs or
immigration checkpoint shall be punished as described in subsection (b)
if such person attempts to elude or eludes customs, immigration, or
agriculture inspection or fails to stop at the command of an officer or
employee of the United States charged with enforcing the immigration,
customs, or other laws of the United States at a port of entry or
customs or immigration checkpoint.
``(b) Penalties.--A person who commits an offense described in
subsection (a) shall be--
``(1) fined under this title;
``(2)(A) imprisoned for not more than 3 years, or both;
``(B) imprisoned for not more than 10 years, or both, if in
commission of this violation, such person attempts to inflict
or inflicts bodily injury (as defined in section 1365(h) of
this title); or
``(C) imprisoned for any term of years or for life, or
both, if death results, and may be sentenced to death; or
``(3) both fined and imprisoned under this subsection.
``(c) Conspiracy.--If 2 or more persons conspire to commit an
offense described in subsection (a), and 1 or more of such persons do
any act to effect the object of the conspiracy, each shall be
punishable as a principal, except that the sentence of death may not be
imposed.
``(d) Prima Facie Evidence.--For the purposes of seizure and
forfeiture under applicable law, in the case of use of a vehicle or
other conveyance in the commission of this offense, or in the case of
disregarding or disobeying the lawful authority or command of any
officer or employee of the United States under section 111(b) of this
title, such conduct shall constitute prima facie evidence of smuggling
aliens or merchandise.''.
(b) Conforming Amendment.--The table of sections for chapter 27 of
title 18, United States Code, is amended by inserting at the end:
``556. Evasion of inspection or during violation of arrival,
reporting, entry, or clearance requirements.''.
(c) Failure To Obey Border Enforcement Officers.--Section 111 of
title 18, United States Code, is amended by inserting after subsection
(b) the following:
``(c) Failure To Obey Lawful Orders of Border Enforcement
Officers.--Whoever willfully disregards or disobeys the lawful
authority or command of any officer or employee of the United States
charged with enforcing the immigration, customs, or other laws of the
United States while engaged in, or on account of, the performance of
official duties shall be fined under this title or imprisoned for not
more than 5 years, or both.''.
(d) Technical Amendments.--
(1) In general.--Chapter 27 of title 18, United States
Code, is amended by redesignating the section 554 added by
section 551(a) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389)
(relating to border tunnels and passages) as section 555.
(2) Table of sections.--The table of sections for chapter
27 of title 18, United States Code, is amended--
(A) by striking the following:
``554. Border tunnels and passages.''; and
(B) inserting the following:
``555. Border tunnels and passages.''.
(3) Criminal forfeiture.--Section 982(a)(6)(A) of title 18,
United States Code, is amended by striking ``554'' and
inserting ``555''.
(4) Directive to the united states sentencing commission.--
Section 551(d) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390)
is amended in paragraphs (1) and (2)(A) by striking ``554'' and
inserting ``555''.
Subtitle E--Law Enforcement Relief for States
SEC. 141. BORDER RELIEF GRANT PROGRAM.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants, subject to the availability of appropriations, to an
eligible law enforcement agency to provide assistance to such
agency to address--
(A) criminal activity that occurs in the
jurisdiction of such agency by virtue of such agency's
proximity to the United States border; and
(B) the impact of any lack of security along the
United States border.
(2) Duration.--Grants may be awarded under this subsection
during fiscal years 2008 through 2012.
(3) Competitive basis.--The Secretary shall award grants
under this subsection on a competitive basis, except that the
Secretary shall give priority to applications from any eligible
law enforcement agency serving a community with a population of
less than 50,000.
(b) Use of Funds.--Grants awarded pursuant to subsection (a) may
only be used to provide additional resources for an eligible law
enforcement agency to address criminal activity occurring along any
such border, including--
(1) to obtain equipment;
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement technology;
(4) to cover operational costs, including overtime and
transportation costs; and
(5) such other resources as are available to assist that
agency.
(c) Application.--
(1) In general.--Each eligible law enforcement agency
seeking a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought; and
(B) provide such additional assurances as the
Secretary determines to be essential to ensure
compliance with the requirements of this section.
(d) Definitions.--For the purposes of this section:
(1) Eligible law enforcement agency.--The term ``eligible
law enforcement agency'' means a tribal, State, or local law
enforcement agency--
(A) located in a county that is not more than 100
miles from a United States border with--
(i) Canada; or
(ii) Mexico; or
(B) located in a county more than 100 miles from
any such border, but where such county has been
certified by the Secretary as a High Impact Area.
(2) High impact area.--The term ``High Impact Area'' means
any county designated by the Secretary as such, taking into
consideration--
(A) whether local law enforcement agencies in that
county have the resources to protect the lives,
property, safety, or welfare of the residents of that
county;
(B) the relationship between any lack of security
along the United States border and the rise, if any, of
criminal activity in that county; and
(C) any other unique challenges that local law
enforcement face due to a lack of security along the
United States border.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$50,000,000 for each of fiscal years 2008 through 2012 to carry
out the provisions of this section.
(2) Division of authorized funds.--Of the amounts
authorized under paragraph (1)--
(A) \2/3\ shall be set aside for eligible law
enforcement agencies located in the 6 States with the
largest number of undocumented alien apprehensions; and
(B) \1/3\ shall be set aside for areas designated
as a High Impact Area under subsection (d).
(f) Supplement Not Supplant.--Amounts appropriated for grants under
this section shall be used to supplement and not supplant other State
and local public funds obligated for the purposes provided under this
title.
(g) Enforcement of Federal Immigration Law.--Nothing in this
section shall be construed to authorize State or local law enforcement
agencies or their officers to exercise Federal immigration law
enforcement authority.
SEC. 142. NORTHERN AND SOUTHERN BORDER PROSECUTION INITIATIVE.
(a) Reimbursement to State and Local Prosecutors for Prosecuting
Federally Initiated Drug Cases.--The Attorney General shall, subject to
the availability of appropriations, reimburse State and county
prosecutors located in States along the Northern or Southern border of
the United States for prosecuting federally initiated and referred drug
cases.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 for each of the fiscal years 2008 through 2013
to carry out subsection (a).
Subtitle F--Rapid Response Measures
SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS.
(a) Emergency Deployment of Border Patrol Agents.--
(1) In general.--If the Governor of a State on an
international border of the United States declares an
international border security emergency and requests additional
agents of the Border Patrol (referred to in this subtitle as
``agents'') from the Secretary, the Secretary, subject to
paragraphs (2) and (3), may provide the State with not more
than 1,000 additional agents for the purpose of patrolling and
defending the international border, in order to prevent
individuals from crossing the international border into the
United States at any location other than an authorized port of
entry.
(2) Consultation.--Upon receiving a request for agents
under paragraph (1), the Secretary, after consultation with the
President, shall grant such request to the extent that
providing such agents will not significantly impair the
Department's ability to provide border security for any other
State.
(3) Collective bargaining.--Emergency deployments under
this subsection shall be made in accordance with all applicable
collective bargaining agreements and obligations.
(b) Elimination of Fixed Deployment of Border Patrol Agents.--The
Secretary shall ensure that agents are not precluded from performing
patrol duties and apprehending violators of law, except in unusual
circumstances if the temporary use of fixed deployment positions is
necessary.
SEC. 152. BORDER PATROL MAJOR ASSETS.
(a) Control of Border Patrol Assets.--The Border Patrol shall have
complete and exclusive administrative and operational control over all
the assets utilized in carrying out its mission, including aircraft,
watercraft, vehicles, detention space, transportation, and all of the
personnel associated with such assets.
(b) Helicopters and Power Boats.--
(1) Helicopters.--The Secretary shall increase, by not less
than 100, the number of helicopters under the control of the
Border Patrol. The Secretary shall ensure that appropriate
types of helicopters are procured for the various missions
being performed.
(2) Power boats.--The Secretary shall increase, by not less
than 250, the number of power boats under the control of the
Border Patrol. The Secretary shall ensure that the types of
power boats that are procured are appropriate for both the
waterways in which they are used and the mission requirements.
(3) Use and training.--The Secretary shall--
(A) establish an overall policy on how the
helicopters and power boats procured under this
subsection will be used; and
(B) implement training programs for the agents who
use such assets, including safe operating procedures
and rescue operations.
(c) Motor Vehicles.--
(1) Quantity.--The Secretary shall establish a fleet of
motor vehicles appropriate for use by the Border Patrol that
will permit a ratio of not less than 1 police-type vehicle for
every 3 agents. These police-type vehicles shall be replaced
not less often than once every 3 years. The Secretary shall
ensure that there are sufficient numbers and types of other
motor vehicles to support the mission of the Border Patrol.
(2) Features.--All motor vehicles purchased for the Border
Patrol shall--
(A) be appropriate for the mission of the Border
Patrol; and
(B) have a panic button and a global positioning
system device that is activated solely in emergency
situations to track the location of agents in distress.
SEC. 153. ELECTRONIC EQUIPMENT.
(a) Portable Computers.--The Secretary shall ensure that each
police-type motor vehicle in the fleet of the Border Patrol is equipped
with a portable computer with access to all necessary law enforcement
databases and otherwise suited to the unique operational requirements
of the Border Patrol.
(b) Radio Equipment.--The Secretary shall augment the existing
radio communications system so that all law enforcement personnel
working in each area where Border Patrol operations are conducted have
clear and encrypted 2-way radio communication capabilities at all
times. Each portable communications device shall be equipped with a
panic button and a global positioning system device that is activated
solely in emergency situations to track the location of agents in
distress.
(c) Handheld Global Positioning System Devices.--The Secretary
shall ensure that each Border Patrol agent is issued a state-of-the-art
handheld global positioning system device for navigational purposes.
(d) Night Vision Equipment.--The Secretary shall ensure that
sufficient quantities of state-of-the-art night vision equipment are
procured and maintained to enable each Border Patrol agent working
during the hours of darkness to be equipped with a portable night
vision device.
SEC. 154. PERSONAL EQUIPMENT.
(a) Border Armor.--The Secretary shall ensure that every agent is
issued high-quality body armor that is appropriate for the climate and
risks faced by the agent. Each agent shall be permitted to select from
among a variety of approved brands and styles. Agents shall be strongly
encouraged, but not required, to wear such body armor whenever
practicable. All body armor shall be replaced not less often than once
every 5 years.
(b) Weapons.--The Secretary shall ensure that agents are equipped
with weapons that are reliable and effective to protect themselves,
their fellow agents, and innocent third parties from the threats posed
by armed criminals. The Secretary shall ensure that the policies of the
Department authorize all agents to carry weapons that are suited to the
potential threats that they face.
(c) Uniforms.--The Secretary shall ensure that all agents are
provided with all necessary uniform items, including outerwear suited
to the climate, footwear, belts, holsters, and personal protective
equipment, at no cost to such agents. Such items shall be replaced at
no cost to such agents as such items become worn or unserviceable or no
longer fit properly.
SEC. 155. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary for each of the fiscal years 2008 through 2012 to
carry out this subtitle.
Subtitle G--Border Infrastructure and Technology Modernization
SEC. 161. DEFINITIONS.
In this subtitle:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of United States Customs and Border Protection.
(2) Northern border.--The term ``northern border'' means
the international border between the United States and Canada.
(3) Southern border.--The term ``southern border'' means
the international border between the United States and Mexico.
SEC. 162. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.
(a) Requirement To Update.--Not later than January 31 of each year,
the Administrator of General Services shall update the Port of Entry
Infrastructure Assessment Study prepared by United States Customs and
Border Protection in accordance with the matter relating to the ports
of entry infrastructure assessment that is set out in the joint
explanatory statement in the conference report accompanying H.R. 2490
of the 106th Congress, 1st session (House of Representatives Rep. No.
106-319, on page 67) and submit such updated study to Congress.
(b) Consultation.--In preparing the updated studies required in
subsection (a), the Administrator of General Services shall consult
with the Director of the Office of Management and Budget, the
Secretary, and the Commissioner.
(c) Content.--Each updated study required in subsection (a) shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 164; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project to--
(A) fulfill immediate security requirements; and
(B) facilitate trade across the borders of the
United States.
(d) Project Implementation.--The Commissioner shall implement the
infrastructure and technology improvement projects described in
subsection (c) in the order of priority assigned to each project under
paragraph (3) of such subsection.
(e) Divergence From Priorities.--The Commissioner may diverge from
the priority order if the Commissioner determines that significantly
changed circumstances, such as immediate security needs or changes in
infrastructure in Mexico or Canada, compellingly alter the need for a
project in the United States.
SEC. 163. NATIONAL LAND BORDER SECURITY PLAN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, an annually thereafter, the Secretary, after consultation
with representatives of Federal, State, and local law enforcement
agencies and private entities that are involved in international trade
across the northern border or the southern border, shall submit a
National Land Border Security Plan to Congress.
(b) Vulnerability Assessment.--
(1) In general.--The plan required in subsection (a) shall
include a vulnerability assessment of each port of entry
located on the northern border or the southern border.
(2) Port security coordinators.--The Secretary may
establish 1 or more port security coordinators at each port of
entry located on the northern border or the southern border--
(A) to assist in conducting a vulnerability
assessment at such port; and
(B) to provide other assistance with the
preparation of the plan required in subsection (a).
SEC. 164. EXPANSION OF COMMERCE SECURITY PROGRAMS.
(a) Customs-Trade Partnership Against Terrorism.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commissioner, in consultation with
the Secretary, shall develop a plan to expand the programs of
the Customs-Trade Partnership Against Terrorism established
pursuant to section 211 of the SAFE Port Act (6 U.S.C. 961),
including adding additional personnel for such programs, along
the northern border and southern border, including the
following programs:
(A) The Business Anti-Smuggling Coalition.
(B) The Carrier Initiative Program.
(C) The Americas Counter Smuggling Initiative.
(D) The Container Security Initiative established
pursuant to section 205 of the SAFE Port Act (6 U.S.C.
945).
(E) The Free and Secure Trade Initiative.
(F) Other industry partnership programs
administered by the Commissioner.
(2) Southern border demonstration program.--Not later than
180 days after the date of enactment of this Act, the
Commissioner shall implement, on a demonstration basis, at
least 1 Customs-Trade Partnership Against Terrorism program,
which has been successfully implemented along the northern
border, along the southern border.
(b) Demonstration Program.--Not later than 180 days after the date
of enactment of this Act, the Commissioner shall establish a
demonstration program to develop a cooperative trade security system to
improve supply chain security.
SEC. 165. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary shall carry out a technology
demonstration program to--
(1) test and evaluate new port of entry technologies;
(2) refine port of entry technologies and operational
concepts; and
(3) train personnel under realistic conditions.
(b) Technology and Facilities.--
(1) Technology testing.--Under the technology demonstration
program, the Secretary shall test technologies that enhance
port of entry operations, including operations related to--
(A) inspections;
(B) communications;
(C) port tracking;
(D) identification of persons and cargo;
(E) sensory devices;
(F) personal detection;
(G) decision support; and
(H) the detection and identification of weapons of
mass destruction.
(2) Development of facilities.--At a demonstration site
selected pursuant to subsection (c)(2), the Secretary shall
develop facilities to provide appropriate training to law
enforcement personnel who have responsibility for border
security, including--
(A) cross-training among agencies;
(B) advanced law enforcement training; and
(C) equipment orientation.
(c) Demonstration Sites.--
(1) Number.--The Secretary shall carry out the
demonstration program at not less than 3 sites and not more
than 5 sites.
(2) Selection criteria.--To ensure that at least 1 of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration program,
has a traffic volume low enough to easily incorporate new
technologies without interrupting normal processing activity,
and is able to efficiently carry out demonstration and port of
entry operations, at least 1 port of entry selected as a
demonstration site shall--
(A) have been established not more than 15 years
before the date of enactment of this Act;
(B) consist of not less than 65 acres, with the
possibility of expansion to not less than 25 adjacent
acres; and
(C) have serviced an average of not more than
50,000 vehicles per month during the 1-year period
ending on the date of enactment of this Act.
(d) Relationship With Other Agencies.--The Secretary shall permit
personnel from an appropriate Federal or State agency to utilize a
demonstration site described in subsection (c) to test technologies
that enhance port of entry operations, including technologies described
in subparagraphs (A) through (H) of subsection (b)(1).
(e) Report.--
(1) Requirement.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report on the activities carried out
at each demonstration site under the technology demonstration
program established under this section.
(2) Content.--The report submitted under paragraph (1)
shall include an assessment by the Secretary of the feasibility
of incorporating any demonstrated technology for use throughout
United States Customs and Border Protection.
SEC. 166. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to any funds otherwise available,
there are authorized to be appropriated such sums as may be necessary
for the fiscal years 2008 through 2012 to carry out this subtitle.
(b) International Agreements.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) may be used for the
implementation of projects described in the Declaration on Embracing
Technology and Cooperation to Promote the Secure and Efficient Flow of
People and Commerce across our Shared Border between the United States
and Mexico, agreed to March 22, 2002, Monterrey, Mexico or the Smart
Border Declaration between the United States and Canada, agreed to
December 12, 2001, Ottawa, Canada that are consistent with the
provisions of this subtitle.
Subtitle H--Safe and Secure Detention
SEC. 171. DEFINITIONS.
In this subtitle:
(1) Asylum seeker.--The term ``asylum seeker'' means an
applicant for asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) or for withholding of removal
under section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)) or an
alien who indicates an intention to apply for relief under
either such section and does not include a person with respect
to whom a final adjudication denying an application made under
either such section has been entered.
(2) Credible fear of persecution.--The term ``credible fear
of persecution'' has the meaning given that term in section
235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)).
(3) Detainee.--The term ``detainee'' means an alien in the
Department's custody held in a detention facility.
(4) Detention facility.--The term ``detention facility''
means any Federal facility in which an asylum seeker, an alien
detained pending the outcome of a removal proceeding, or an
alien detained pending the execution of a final order of
removal, is detained for more than 72 hours, or any other
facility in which such detention services are provided to the
Federal Government by contract, and does not include detention
at any port of entry in the United States.
(5) Reasonable fear of persecution or torture.--The term
``reasonable fear of persecution or torture'' has the meaning
described in section 208.31 of title 8, Code of Federal
Regulations.
(6) Standard.--The term ``standard'' means any policy,
procedure, or other requirement.
(7) Vulnerable populations.--The term ``vulnerable
populations'' means classes of aliens subject to the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who
have special needs requiring special consideration and
treatment by virtue of their vulnerable characteristics,
including experiences of, or risk of, abuse, mistreatment, or
other serious harms threatening their health or safety.
Vulnerable populations include the following:
(A) Asylum seekers.
(B) Refugees admitted under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) and
individuals seeking such admission.
(C) Aliens whose deportation is being withheld
under section 243(h) of the Immigration and Nationality
Act (as in effect immediately before the effective date
of section 307 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-
208; 110 Stat. 3009-612)) or section 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)).
(D) Aliens granted or seeking protection under
article 3 of the Convention Against Torture and other
Cruel, Inhumane, or Degrading Treatment or Punishment,
done at New York, December 10, 1994.
(E) Applicants for relief and benefits under the
Immigration and Nationality Act pursuant to the
amendments made by the Trafficking Victims Protection
Act of 2000 (division A of Public Law 106-386; 114
Stat. 1464), including applicants for nonimmigrant
status under subparagraph (T) or (U) of section
101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)).
(F) Applicants for relief and benefits under the
Immigration and Nationality Act pursuant to the
amendments made by the Violence Against Women Act of
2000 (division B of Public Law 106-386; 114 Stat.
1491).
(G) Unaccompanied alien children (as defined by
462(g) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)).
SEC. 172. RECORDING SECONDARY INSPECTION INTERVIEWS.
(a) In General.--The Secretary shall establish quality assurance
procedures to ensure the accuracy and verifiability of signed or sworn
statements taken by employees of the Department exercising expedited
removal authority under section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)).
(b) Factors Relating to Sworn Statements.--Where practicable, as
determined by the sole and unreviewable discretion of the Secretary,
the quality assurance procedures established pursuant to this section
shall include taped interviews to ensure the accuracy and verifiability
of signed or sworn statements taken by employees of the Department.
(c) Interpreters.--The Secretary shall ensure that a professional
fluent interpreter is used when the interviewing officer does not speak
a language understood by the alien and there is no other Federal,
State, or local government employee available who is able to interpret
effectively, accurately, and impartially.
SEC. 173. PROCEDURES GOVERNING DETENTION DECISIONS.
Section 236 (8 U.S.C. 1226) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) in the first sentence by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security'';
(ii) by striking ``(c)'' and inserting
``(d)''; and
(iii) in the second sentence by striking
``Attorney General'' and inserting
``Secretary'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``Attorney
General'' and inserting ``Secretary'';
and
(II) by striking ``or'' at the end;
(ii) in subparagraph (B), by striking
``but'' at the end; and
(iii) by inserting after subparagraph (B)
the following:
``(C) the alien's own recognizance; or
``(D) a secure alternatives program as provided for
in this section; but'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (d), (e), (f), and (h), respectively;
(3) by inserting after subsection (a) the following new
subsections:
``(b) Custody Decisions.--
``(1) In general.--In the case of a decision under
subsection (a) or (d), the following shall apply:
``(A) The decision shall be made in writing and
shall be served upon the alien. A decision to continue
detention without bond or parole shall specify in
writing the reasons for that decision.
``(B) The decision shall be served upon the alien
within 72 hours of the alien's detention or, in the
case of an alien subject to section 235 or 241(a)(5)
who must establish a credible fear of persecution or a
reasonable fear of persecution or torture in order to
proceed in immigration court, within 72 hours of a
positive credible fear of persecution or reasonable
fear of persecution or torture determination.
``(2) Criteria to be considered.--The criteria to be
considered by the Secretary and the Attorney General in making
a custody decision shall include--
``(A) whether the alien poses a risk to public
safety or national security;
``(B) whether the alien is likely to appear for
immigration proceedings; and
``(C) any other relevant factors.
``(3) Custody redetermination.--An alien subject to this
section may at any time after being served with the Secretary's
decision under subsections (a) or (d) request a redetermination
of that decision by an immigration judge. All decisions by the
Secretary to detain without bond or parole shall be subject to
redetermination by an immigration judge within 2 weeks from the
time the alien was served with the decision, unless waived by
the alien. The alien may request a further redetermination upon
a showing of a material change in circumstances since the last
redetermination hearing.
``(c) Exception for Mandatory Detention.--Subsection (b) shall not
apply to any alien who is subject to mandatory detention under section
235(b)(1)(B)(iii)(IV), 236(c), or 236A or who has a final order of
removal and has no proceedings pending before the Executive Office for
Immigration Review.'';
(4) in subsection (d), as redesignated--
(A) by striking ``Attorney General'' and inserting
``Secretary''; and
(B) by striking ``or parole'' and inserting ``,
parole, or decision to release;'';
(5) in subsection (e), as redesignated--
(A) by striking ``Attorney General'' and inserting
``Secretary'' each place it appears; and
(B) in paragraph (2), by inserting ``or for
humanitarian reasons,'' after ``such an
investigation,'';
(6) in subsection (f), as redesignated--
(A) in the matter preceding paragraph (1), by
striking ``Attorney General'' and inserting
``Secretary'';
(B) in paragraph (1), in subparagraphs (A) and (B),
by striking ``Service'' and inserting ``Department of
Homeland Security''; and
(C) in paragraph (3), by striking ``Service'' and
inserting ``Secretary of Homeland Security'';
(7) by inserting after subsection (f), as redesignated, the
following new subparagraph:
``(g) Administrative Review.--If an immigration judge's custody
decision has been stayed by the action of an officer or employee of the
Department of Homeland Security, the stay shall expire in 30 days,
unless the Board of Immigration Appeals before that time, and upon
motion, enters an order continuing the stay.''; and
(8) in subsection (h), as redesignated--
(A) by striking ``Attorney General's'' and
inserting ``Secretary of Homeland Security's''; and
(B) by striking ``Attorney General'' and inserting
``Secretary''.
SEC. 174. LEGAL ORIENTATION PROGRAM.
(a) In General.--The Attorney General, in consultation with the
Secretary, shall ensure that all detained aliens in immigration and
asylum proceedings receive legal orientation through a program
administered and implemented by the Executive Office for Immigration
Review of the Department of Justice.
(b) Content of Program.--The legal orientation program developed
pursuant to this section shall be based on the Legal Orientation
Program carried out by the Executive Office for Immigration Review on
the date of the enactment of this Act.
(c) Expansion of Legal Assistance.--The Secretary shall ensure the
expansion through the United States Citizenship and Immigration Service
of public-private partnerships that facilitate pro bono counseling and
legal assistance for asylum seekers awaiting a credible fear of
persecution interview. The pro bono counseling and legal assistance
programs developed pursuant to this subsection shall be based on the
pilot program developed in Arlington, Virginia by the United States
Citizenship and Immigration Service.
SEC. 175. CONDITIONS OF DETENTION.
(a) In General.--The Secretary shall ensure that standards
governing conditions and procedures at detention facilities are fully
implemented and enforced, and that all detention facilities comply with
the standards.
(b) Procedures and Standards.--The Secretary shall promulgate new
standards, or modify existing detention standards, to improve
conditions in detention facilities. The improvements shall address at a
minimum the following policies and procedures:
(1) Fair and humane treatment.--Procedures to ensure that
detainees are not subject to degrading or inhumane treatment
such as verbal or physical abuse or harassment, sexual abuse or
harassment, or arbitrary punishment.
(2) Limitations on shackling.--Procedures limiting the use
of shackling, handcuffing, solitary confinement, and strip
searches of detainees to situations where the use of such
techniques is necessitated by security interests or other
extraordinary circumstances.
(3) Investigation of grievances.--Procedures for the prompt
and effective investigation of grievances raised by detainees,
including review of grievances by officials of the Department
who do not work at the same detention facility where the
detainee filing the grievance is detained.
(4) Access to telephones.--Procedures permitting detainees
sufficient access to telephones, and the ability to contact,
free of charge, legal representatives, the immigration courts,
the Board of Immigration Appeals, and the Federal courts
through confidential toll-free numbers.
(5) Location of facilities.--Location of detention
facilities, to the extent practicable, near sources of free or
low-cost legal representation with expertise in asylum or
immigration law.
(6) Procedures governing transfers of detainees.--
Procedures governing the transfer of a detainee that take into
account--
(A) the detainee's access to legal representatives;
and
(B) the proximity of the facility to the venue of
the asylum or removal proceeding.
(7) Quality of medical care.--Prompt and adequate medical
care provided at no cost to the detainee, including dental
care, eye care, mental health care, individual and group
counseling, medical dietary needs, and other medically
necessary specialized care. Medical facilities in all detention
facilities used by the Department shall maintain current
accreditation by the National Commission on Correctional Health
Care (NCCHC). Requirements that each medical facility that is
not accredited by the Joint Commission on the Accreditation of
Health Care Organizations (JCAHO) will seek to obtain such
accreditation. Maintenance of complete medical records for
every detainee which shall be made available upon request to a
detainee, his legal representative, or other authorized
individuals.
(8) Translation capabilities.--The employment of detention
facility staff that, to the extent practicable, are qualified
in the languages represented in the population of detainees at
a detention facility, and the provision of alternative
translation services when necessary.
(9) Recreational programs and activities.--Daily access to
indoor and outdoor recreational programs and activities.
(c) Special Standards for Noncriminal Detainees.--The Secretary
shall promulgate new standards, or modifications to existing standards,
that--
(1) recognize the special characteristics of noncriminal,
nonviolent detainees, and ensure that procedures and conditions
of detention are appropriate for a noncriminal population; and
(2) ensure that noncriminal detainees are separated from
inmates with criminal convictions, pretrial inmates facing
criminal prosecution, and those inmates exhibiting violent
behavior while in detention.
(d) Special Standards for Vulnerable Populations.--The Secretary
shall promulgate new standards, or modifications to existing standards,
that--
(1) recognize the unique needs of asylum seekers, victims
of torture and trafficking, families with children, detainees
who do not speak English, detainees with special religious,
cultural or spiritual considerations, and other vulnerable
populations; and
(2) ensure that procedures and conditions of detention are
appropriate for the populations listed in this subsection.
(e) Training of Personnel.--
(1) In general.--The Secretary shall ensure that personnel
in detention facilities are given specialized training to
better understand and work with the population of detainees
held at the facilities where such personnel work. The training
should address the unique needs of--
(A) asylum seekers;
(B) victims of torture or other trauma; and
(C) other vulnerable populations.
(2) Specialized training.--The training required by this
subsection shall be designed to better enable personnel to work
with detainees from different countries, and detainees who
cannot speak English. The training shall emphasize that many
detainees have no criminal records and are being held for civil
violations.
SEC. 176. OFFICE OF DETENTION OVERSIGHT.
(a) Establishment of the Office.--
(1) In general.--There shall be established within the
Department an Office of Detention Oversight (in this section
referred to as the ``Office'').
(2) Head of the office.--There shall be at the head of the
Office an Administrator who shall be appointed by, and shall
report to, the Secretary.
(3) Schedule.--The Office shall be established and the
Administrator of the Office appointed not later than 6 months
after the date of enactment of this Act.
(b) Responsibilities of the Office.--
(1) Inspections of detention centers.--The Administrator of
the Office shall--
(A) undertake frequent and unannounced inspections
of all detention facilities;
(B) develop a procedure for any detainee or the
detainee's representative to file a written complaint
directly with the Office; and
(C) report to the Secretary and to the Assistant
Secretary of Homeland Security for United States
Immigration and Customs Enforcement all findings of a
detention facility's noncompliance with detention
standards.
(2) Investigations.--The Administrator of the Office
shall--
(A) initiate investigations, as appropriate, into
allegations of systemic problems at detention
facilities or incidents that constitute serious
violations of detention standards;
(B) report to the Secretary and the Assistant
Secretary of Homeland Security for United States
Immigration and Customs Enforcement the results of all
investigations; and
(C) refer matters, where appropriate, for further
action to--
(i) the Department of Justice;
(ii) the Office of the Inspector General of
the Department;
(iii) the Office of Civil Rights and Civil
Liberties of the Department; or
(iv) any other relevant office of agency.
(3) Report to congress.--
(A) In general.--The Administrator of the Office
shall submit to the Secretary, the Committee on the
Judiciary and the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee
on the Judiciary and the Committee on Homeland Security
of the House of Representatives an annual report on the
Administrator's findings on detention conditions and
the results of the investigations carried out by the
Administrator.
(B) Contents of report.--Each report required by
subparagraph (A) shall include--
(i) a description of the actions to remedy
findings of noncompliance or other problems
that are taken by the Secretary or the
Assistant Secretary of Homeland Security for
United States Immigration and Customs
Enforcement, and each detention facility found
to be in noncompliance; and
(ii) information regarding whether such
actions were successful and resulted in
compliance with detention standards.
(4) Review of complaints by detainees.--The Administrator
of the Office shall establish procedures to receive and review
complaints of violations of the detention standards promulgated
by the Secretary. The procedures shall protect the anonymity of
the claimant, including detainees, employees, or others, from
retaliation.
(c) Cooperation With Other Offices and Agencies.--Whenever
appropriate, the Administrator of the Office shall cooperate and
coordinate its activities with--
(1) the Office of the Inspector General of the Department;
(2) the Office of Civil Rights and Civil Liberties of the
Department;
(3) the Privacy Officer of the Department;
(4) the Civil Rights Division of the Department of Justice;
or
(5) any other relevant office or agency.
SEC. 177. SECURE ALTERNATIVES PROGRAM.
(a) Establishment of Program.--The Secretary shall establish a
secure alternatives program under which an alien who has been detained
may be released under enhanced supervision to prevent the alien from
absconding and to ensure that the alien makes appearances related to
such detention.
(b) Program Requirements.--
(1) Nationwide implementation.--The Secretary shall
facilitate the development of the secure alternatives program
on a nationwide basis, as a continuation of existing pilot
programs such as the Intensive Supervision Appearance Program
(ISAP) developed by the Department.
(2) Utilization of alternatives.--The secure alternatives
program shall utilize a continuum of alternatives based on the
alien's need for supervision, including placement of the alien
with an individual or organizational sponsor, or in a
supervised group home.
(3) Aliens eligible for secure alternatives program.--
(A) In general.--Aliens who would otherwise be
subject to detention based on a consideration of the
release criteria in section 236(b)(2), or who are
released pursuant to section 236(e)(2), shall be
considered for the secure alternatives program.
(B) Design of programs.--Secure alternatives
programs shall be designed to ensure sufficient
supervision of the population described in subparagraph
(A).
(4) Contracts.--The Secretary shall enter into contracts
with qualified nongovernmental entities to implement the secure
alternatives program.
(5) Other considerations.--In designing such program, the
Secretary shall--
(A) consult with relevant experts; and
(B) consider programs that have proven successful
in the past, including the Appearance Assistance
Program developed by the Vera Institute and the
Intensive Supervision Appearance Program (ISAP)
developed by the Department.
SEC. 178. LESS RESTRICTIVE DETENTION FACILITIES.
(a) Construction.--The Secretary shall facilitate the construction
or use of secure but less restrictive detention facilities.
(b) Criteria.--In developing detention facilities pursuant to this
section, the Secretary shall--
(1) consider the design, operation, and conditions of
existing secure but less restrictive detention facilities, such
as the Department's detention facilities in Broward County,
Florida, and Berks County, Pennsylvania;
(2) to the extent practicable, construct or use detention
facilities where--
(A) movement within and between indoor and outdoor
areas of the facility is subject to minimal
restrictions;
(B) detainees have ready access to social,
psychological, and medical services;
(C) detainees with special needs, including those
who have experienced trauma or torture, have ready
access to services and treatment addressing their
needs;
(D) detainees have ready access to meaningful
programmatic and recreational activities;
(E) detainees are permitted contact visits with
legal representatives, family members, and others;
(F) detainees have access to private toilet and
shower facilities;
(G) prison-style uniforms or jumpsuits are not
required; and
(H) special facilities are provided to families
with children.
(c) Facilities for Families With Children.--For situations where
release or secure alternatives programs are not an option, the
Secretary shall ensure that special detention facilities are
specifically designed to house parents with their minor children,
including ensuring that--
(1) procedures and conditions of detention are appropriate
for families with minor children; and
(2) living and sleeping quarters for parents and minor
children are not physically separated.
(d) Placement in Nonpunitive Facilities.--Priority for placement in
less restrictive facilities shall be given to asylum seekers, families
with minor children, other vulnerable populations, and nonviolent
criminal detainees.
(e) Procedures and Standards.--Where necessary, the Secretary shall
promulgate new standards, or modify existing detention standards, to
promote the development of less restrictive detention facilities.
SEC. 179. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.
(a) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this subtitle.
(b) Effective Date.--This subtitle and the amendments made by this
subtitle shall take effect on the date that is 6 months after the date
of enactment of this Act.
Subtitle I--Other Border Security Initiatives
SEC. 181. COMBATING HUMAN SMUGGLING.
(a) Requirement for Plan.--The Secretary shall develop and
implement a plan to improve coordination among United States
Immigration and Customs Enforcement and United States Customs and
Border Protection and any other Federal, State, local, or tribal
authorities, as determined appropriate by the Secretary, to improve
coordination efforts to combat human smuggling.
(b) Content.--In developing the plan required by subsection (a),
the Secretary shall consider--
(1) the interoperability of databases utilized to prevent
human smuggling;
(2) adequate and effective personnel training;
(3) methods and programs to effectively target networks
that engage in such smuggling;
(4) effective utilization of--
(A) visas for victims of trafficking and other
crimes; and
(B) investigatory techniques, equipment, and
procedures that prevent, detect, and prosecute
international money laundering and other operations
that are utilized in smuggling;
(5) joint measures, with the Secretary of State, to enhance
intelligence sharing and cooperation with foreign governments
whose citizens are preyed on by human smugglers; and
(6) other measures that the Secretary considers appropriate
to combat human smuggling.
(c) Report.--Not later than 1 year after implementing the plan
described in subsection (a), the Secretary shall submit to Congress a
report on such plan, including any recommendations for legislative
action to improve efforts to combating human smuggling.
(d) Savings Provision.--Nothing in this section may be construed to
provide additional authority to any State or local entity to enforce
Federal immigration laws.
SEC. 182. SCREENING OF MUNICIPAL SOLID WASTE.
(a) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31101 of
title 49, United States Code.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of United States Customs and Border Protection.
(3) Municipal solid waste.--The term ``municipal solid
waste'' includes sludge (as defined in section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6903)).
(b) Report to Congress.--Not later than 90 days after the date of
enactment of this Act, the Commissioner shall submit to Congress a
report that--
(1) indicates whether the methodologies and technologies
used by United States Customs and Border Protection to screen
for and detect the presence of chemical, nuclear, biological,
and radiological weapons in municipal solid waste are as
effective as the methodologies and technologies used by United
States Customs and Border Protection to screen for such weapons
in other items of commerce entering the United States through
commercial motor vehicle transport; and
(2) if the report indicates that the methodologies and
technologies used to screen municipal solid waste are less
effective than the methodologies and technologies used to
screen other items of commerce, identifies the actions that
United States Customs and Border Protection will take to
achieve the same level of effectiveness in the screening of
municipal solid waste, including actions necessary to meet the
need for additional screening technologies.
(c) Impact on Commercial Motor Vehicles.--If the Commissioner fails
to fully implement an action identified under subsection (b)(2) before
the earlier of the date that is 180 days after the date on which the
report under subsection (b) is required to be submitted or the date
that is 180 days after the date on which the report is submitted, the
Secretary shall deny entry into the United States of any commercial
motor vehicle carrying municipal solid waste until the Secretary
certifies to Congress that the methodologies and technologies used by
United States Customs and Border Protection to screen for and detect
the presence of chemical, nuclear, biological, and radiological weapons
in municipal solid waste are as effective as the methodologies and
technologies used by United States Customs and Border Protection to
screen for such weapons in other items of commerce entering into the
United States through commercial motor vehicle transport.
SEC. 183. BORDER SECURITY ON CERTAIN FEDERAL LAND.
(a) Definitions.--In this section:
(1) Protected land.--The term ``protected land'' means land
under the jurisdiction of the Secretary concerned.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(b) Support for Border Security Needs.--
(1) In general.--To gain operational control over the
international land borders of the United States and to prevent
the entry of terrorists, unlawful aliens, narcotics, and other
contraband into the United States, the Secretary, in
cooperation with the Secretary concerned, shall provide--
(A) increased United States Customs and Border
Protection personnel to secure protected land along the
international land borders of the United States;
(B) Federal land resource training for United
States Customs and Border Protection agents dedicated
to protected land; and
(C) unmanned aerial vehicles, aerial assets, remote
video surveillance camera systems, and sensors on
protected land that is directly adjacent to the
international land border of the United States, with
priority given to units of the National Park System.
(2) Coordination.--In providing training for United States
Customs and Border Protection agents under paragraph (1)(B),
the Secretary shall coordinate with the Secretary concerned to
ensure that the training is appropriate to the mission of the
National Park Service, the United States Fish and Wildlife
Service, the Forest Service, or the relevant agency of the
Department of the Interior or the Department of Agriculture to
minimize the adverse impact on natural and cultural resources
from border protection activities.
(c) Inventory of Costs and Activities.--The Secretary concerned
shall develop and submit to the Secretary an inventory of costs
incurred by the Secretary concerned relating to illegal border
activity, including the cost of equipment, training, recurring
maintenance, construction of facilities, restoration of natural and
cultural resources, recapitalization of facilities, and operations.
(d) Recommendations.--The Secretary shall--
(1) develop joint recommendations with the National Park
Service, the United States Fish and Wildlife Service, and the
Forest Service for an appropriate cost recovery mechanism
relating to items identified in subsection (c); and
(2) not later than March 31, 2008, submit to the Committee
on the Judiciary and the Committee on Energy and Natural
Resources of the Senate and the Committee on the Judiciary and
the Committee on Natural Resources of the House of
Representatives the recommendations developed under paragraph
(1).
(e) Border Protection Strategy.--The Secretary, the Secretary of
the Interior, and the Secretary of Agriculture shall jointly develop a
border protection strategy that supports the border security needs of
the United States in the manner that best protects--
(1) units of the National Park System;
(2) National Forest System land;
(3) land under the jurisdiction of the United States Fish
and Wildlife Service; and
(4) other relevant land under the jurisdiction of the
Secretary of the Interior or the Secretary of Agriculture.
TITLE II--INTERIOR ENFORCEMENT
Subtitle A--Reducing the Number of Illegal Aliens in the United States
SEC. 201. INCARCERATION OF CRIMINAL ALIENS.
(a) Institutional Removal Program.--
(1) Continuation.--The Secretary shall continue to operate
the Institutional Removal Program (referred to in this section
as the ``Program'') or shall develop and implement another
program to--
(A) identify removable criminal aliens in Federal
and State correctional facilities;
(B) ensure that such aliens are not released into
the community; and
(C) remove such aliens from the United States after
the completion of their sentences, in accordance with
section 241 of the Immigration and Nationality Act (8
U.S.C. 1231), as amended by section 231 of this Act.
(2) Expansion.--The Secretary may extend the scope of the
Program to all States.
(b) Technology Usage.--Technology, such as videoconferencing, shall
be used to the maximum extent practicable to make the Program available
in remote locations. Mobile access to Federal databases of aliens, such
as the Automated Biometric Fingerprint Identification System (IDENT),
and live scan technology shall be used to the maximum extent
practicable to make these resources available to State and local law
enforcement agencies in remote locations.
(c) Report to Congress.--Not later than 6 months after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report on the participation of States in the
Program and in any other program carried out pursuant to subsection
(a).
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary in each of the fiscal years
2008 through 2012 to carry out this section.
SEC. 202. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.
(a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--If an alien is not removable under
paragraph (2)(A)(iii) or (4) of section 237(a)--
``(A) the Secretary of Homeland Security may permit
the alien to voluntarily depart the United States at
the alien's own expense under this subsection instead
of being subject to proceedings under section 240; or
``(B) the Attorney General may permit the alien to
voluntarily depart the United States at the alien's own
expense under this subsection after the initiation of
removal proceedings under section 240 and before the
conclusion of such proceedings before an immigration
judge.'';
(B) in paragraph (2), by amending subparagraph (A)
to read as follows:
``(A) In general.--
``(i) Instead of removal.--Subject to
subparagraph (B), permission to voluntarily
depart under paragraph (1)(A) shall not be
valid for any period in excess of 120 days. The
Secretary may require an alien permitted to
voluntarily depart under paragraph (1)(A) to
post a voluntary departure bond, to be
surrendered upon proof that the alien has
departed the United States within the time
specified.'';
``(ii) Before the conclusion of removal
proceedings.--Permission to voluntarily depart
under paragraph (1)(B) shall not be valid for
any period longer than 60 days, and may be
granted only after a finding that the alien has
the means to depart the United States and
intends to do so. An immigration judge may
require an alien to voluntarily depart under
paragraph (1)(B) to post a voluntary departure
bond, in an amount necessary to ensure that the
alien will depart, to be surrendered upon proof
that the alien has departed the United States
within the time specified. An immigration judge
may waive the requirement to post a voluntary
departure bond in individual cases upon a
finding that the alien has presented compelling
evidence that the posting of a bond will pose a
serious financial hardship and the alien has
presented credible evidence that such a bond is
unnecessary to guarantee timely departure.'';
and
(C) by striking paragraph (3);
(2) by amending subsection (c) to read as follows:
``(c) Conditions on Voluntary Departure.--
``(1) Voluntary departure agreement.--Voluntary departure
under this section may only be granted as part of an
affirmative agreement by the alien.
``(2) Concessions by the secretary.--In connection with the
alien's agreement to depart voluntarily under paragraph (1)(A),
the Secretary of Homeland Security may agree to a reduction in
the period of inadmissibility under subparagraph (A) or (B)(i)
of section 212(a)(9).
``(3) Advisals.--Agreements relating to voluntary departure
granted during removal proceedings under section 240, or at the
conclusion of such proceedings, shall be presented on the
record before the immigration judge. The immigration judge
shall advise the alien of the consequences of a voluntary
departure agreement before accepting such agreement.
``(4) Failure to comply with agreement.--If an alien agrees
to voluntary departure under this section and fails to depart
the United States within the time allowed for voluntary
departure or fails to comply with any other terms of the
agreement (including failure to timely post any required bond),
the alien is--
``(A) ineligible for the benefits of the agreement;
``(B) subject to the penalties described in
subsection (d); and
``(C) subject to an alternate order of removal if
voluntary departure was granted under subsection
(a)(1)(B) or (b).
``(5) Voluntary departure period not affected.--Except as
expressly agreed to by the Secretary in writing in the exercise
of the Secretary's discretion before the expiration of the
period allowed for voluntary departure, no motion, appeal,
application, petition, or petition for review shall affect,
reinstate, enjoin, delay, stay, or toll the alien's obligation
to depart from the United States during the period agreed to by
the alien and the Secretary.''; and
(3) by amending subsection (d) to read as follows:
``(d) Penalties for Failure To Depart.--If an alien is permitted to
voluntarily depart under this section and fails to voluntarily depart
from the United States within the time period specified or otherwise
violates the terms of a voluntary departure agreement, the alien will
be subject to the following penalties:
``(1) Civil penalty.--The alien shall be liable for a civil
penalty of $3,000. The order allowing voluntary departure shall
specify the amount of the penalty, which shall be acknowledged
by the alien on the record. If the Secretary thereafter
establishes that the alien failed to depart voluntarily within
the time allowed, no further procedure will be necessary to
establish the amount of the penalty, and the Secretary may
collect the civil penalty at any time thereafter and by
whatever means provided by law. An alien will be ineligible for
any benefits under this chapter until this civil penalty is
paid.
``(2) Ineligibility for relief.--The alien shall be
ineligible during the time the alien remains in the United
States and for a period of 10 years after the alien's departure
for any further relief under this section and sections 240A,
245, 248, and 249. The order permitting the alien to depart
voluntarily shall inform the alien of the penalties under this
subsection.''; and
(4) by amending subsection (e) to read as follows:
``(e) Eligibility.--
``(1) Prior grant of voluntary departure.--An alien shall
not be permitted to voluntarily depart under this section if
the Secretary of Homeland Security or the Attorney General
previously permitted the alien to depart voluntarily under this
section on or after the date of the enactment of the STRIVE Act
of 2007.
``(2) Rulemaking.--The Secretary may promulgate regulations
to limit eligibility or impose additional conditions for
voluntary departure under subsection (a)(1)(A) for any class of
aliens.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to all orders granting voluntary departure under
section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c)
made on or after the date that is 180 days after the date of enactment
of this Act.
SEC. 203. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED
STATES UNLAWFULLY.
Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended--
(1) in clause (i), by striking ``seeks admission within 5
years of the date of such removal (or within 20 years'' and
inserting ``seeks admission not later than 5 years after the
date of the alien's removal (or not later than 20 years after
the alien's removal''; and
(2) in clause (ii), by striking ``seeks admission within 10
years of the date of such alien's departure or removal (or
within 20 years of'' and inserting ``seeks admission not later
than 10 years after the date of the alien's departure or
removal (or not later than 20 years after''.
SEC. 204. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF
FIREARMS BY CERTAIN ALIENS.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)(5)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking ``(y)(2)'' and
all that follows and inserting ``(y), is in a
nonimmigrant classification; or''; and
(C) by adding at the end the following:
``(C) has been paroled into the United States under
section 212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5));'';
(2) in subsection (g)(5)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking ``(y)(2)'' and
all that follows and inserting ``(y), is in a
nonimmigrant classification; or''; and
(C) by adding at the end the following:
``(C) has been paroled into the United States under
section 212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5));''; and
(3) in subsection (y)--
(A) in the heading, by striking ``Admitted Under
Nonimmigrant Visas'' and inserting ``in a Nonimmigrant
Classification'';
(B) in paragraph (1), by amending subparagraph (B)
to read as follows:
``(B) the term `nonimmigrant classification'
includes all classes of nonimmigrant aliens described
in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)), or otherwise
described in the immigration laws (as defined in
section 101(a)(17) of such Act).'';
(C) in paragraph (2), by striking ``has been
lawfully admitted to the United States under a
nonimmigrant visa'' and inserting ``is in a
nonimmigrant classification''; and
(D) in paragraph (3)(A), by striking ``Any
individual who has been admitted to the United States
under a nonimmigrant visa may receive a waiver from the
requirements of subsection (g)(5)'' and inserting ``Any
alien in a nonimmigrant classification may receive a
waiver from the requirements of subsection (g)(5)(B)''.
SEC. 205. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION,
NATURALIZATION, AND PEONAGE OFFENSES.
(a) In General.--Section 3291 of title 18, United States Code, is
amended to read as follows:
``Sec. 3291. Immigration, naturalization, and peonage offenses
``No person shall be prosecuted, tried, or punished for a violation
of any section of chapters 69 (relating to nationality and citizenship
offenses), 75 (relating to passport, visa, and immigration offenses),
or 77 (relating to peonage, slavery, and trafficking in persons), for
an attempt or conspiracy to violate any such section, for a violation
of any criminal provision under section 243, 266, 274, 275, 276, 277,
or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1306,
1324, 1325, 1326, 1327, and 1328), or for an attempt or conspiracy to
violate any such section, unless the indictment is returned or the
information filed not later than 10 years after the commission of the
offense.''.
(b) Clerical Amendment.--The table of sections for chapter 213 of
title 18, United States Code, is amended by striking the item relating
to section 3291 and inserting the following:
``3291. Immigration, naturalization, and peonage offenses.''.
SEC. 206. EXPEDITED REMOVAL.
(a) In General.--Section 238 (8 U.S.C. 1228) is amended--
(1) by striking the section heading and inserting
``expedited removal of criminal
aliens'';
(2) in subsection (a), by striking the subsection heading
and inserting: ``Expedited Removal From Correctional
Facilities.--'';
(3) in subsection (b), by striking the subsection heading
and inserting: ``Removal of Criminal Aliens.--'';
(4) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--The Secretary of Homeland Security may,
in the case of an alien described in paragraph (2), determine
the deportability of such alien and issue an order of removal
pursuant to the procedures set forth in this subsection or
section 240.
``(2) Aliens described.--An alien is described in this
paragraph if the alien--
``(A) has not been lawfully admitted to the United
States for permanent residence; and
``(B) was convicted of any criminal offense
establishing deportability under subparagraph (A)(iii)
or (D)(i) of section 237(a)(2).''; and
(5) by redesignating the subsection (c) that relates to
judicial removal as subsection (d).
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall apply to all
aliens apprehended or convicted on or after such date.
SEC. 207. FIELD AGENT ALLOCATION.
(a) In General.--Section 103(f) (8 U.S.C. 1103(f)) is amended to
read as follows:
``(f) Minimum Number of Agents in States.--
``(1) In general.--The Secretary of Homeland Security shall
allocate to each State--
``(A) not fewer than 40 full-time active duty
agents of the Bureau of Immigration and Customs
Enforcement to--
``(i) investigate immigration violations;
and
``(ii) ensure the departure of all
removable aliens; and
``(B) not fewer than 15 full-time active duty
agents of United States Citizenship and Immigration
Services to carry out immigration and naturalization
adjudication functions.
``(2) Waiver.--The Secretary may waive the application of
paragraph (1) for any State with a population of less than
2,000,000, as most recently reported by the Bureau of the
Census.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 90 days after the date of the enactment
of this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 208. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR
IMMIGRATION BENEFIT APPLICATIONS AND PETITIONS.
(a) Information Sharing; Interagency Task Force.--Section 105 (8
U.S.C. 1105) is amended by adding at the end the following:
``(e) Interagency Task Force.--
``(1) In general.--The Secretary of Homeland Security shall
establish an interagency task force to resolve cases in which
an application or petition for an immigration benefit conferred
under this Act has been delayed due to an outstanding
background check investigation for more than 2 years after the
date on which such application or petition was initially filed.
``(2) Membership.--The interagency task force established
under paragraph (1) shall include representatives from Federal
agencies with immigration, law enforcement, or national
security responsibilities under this Act.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the Federal Bureau of Investigation
such sums as are necessary for each fiscal year, 2008 through 2012 for
enhancements to existing systems for conducting background and security
checks necessary to support immigration security and orderly processing
of applications.
(c) Report on Background and Security Checks.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives a report on the background and security
checks conducted by the Federal Bureau of Investigation on
behalf of United States Citizenship and Immigration Services.
(2) Content.--The report required under paragraph (1) shall
include--
(A) a description of the background and security
check program;
(B) a statistical breakdown of the background and
security check delays associated with different types
of immigration applications;
(C) a statistical breakdown of the background and
security check delays by applicant country of origin;
and
(D) the steps that the Director of the Federal
Bureau of Investigations is taking to expedite
background and security checks that have been pending
for more than 180 days.
(d) Ensuring Accountability in Background Check Determinations.--
(1) In general.--Chapter 4 of title III (8 U.S.C. 1501 et
seq.) is amended by adding at the end the following:
``SEC. 362. CONSTRUCTION.
``(a) In General.--Nothing in this Act (other than section
241(b)(3)) or in any other provision of law (other than the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York, December 10, 1994, subject to any
reservations, understandings, declarations, and provisos contained in
the resolution of ratification of the Convention, as implemented by
section 2242 of the Foreign Affairs Reform and Restructuring Act of
1998 (Public Law 105-277; 8 U.S.C. 1231 note)) may be construed to
require the Secretary of Homeland Security or the Attorney General to
grant any application for asylum, adjustment of status, or
naturalization, or grant any relief from removal under the immigration
laws to--
``(1) any alien with respect to whom a national security,
criminal, or other investigation or case is open or pending
(including the issuance of an arrest warrant, detainer, or
indictment) that is material to the alien's eligibility for the
status or benefit sought; or
``(2) any alien for whom all law enforcement and other
background checks have not been conducted and resolved or the
information related to such background checks have not provided
to or assessed by the reviewing official.
``(b) Timeframes.--Notwithstanding subsection (a), the Secretary of
Homeland Security may not delay adjudication or document issuance
beyond 180 days due to an outstanding background or security check
unless the Secretary certifies that such background and security check
may establish that the alien poses a risk to national security or
public safety. The decision to delay shall be reviewed every 180 days,
and such decision may not be delegated below the level of Assistant
Secretary. An alien has no right to review or appeal the Secretary's
decision to delay adjudication or issuance of documentation under this
section, but remains entitled to interim work authorization.''.
(2) Rulemaking.--The Secretary of Homeland Security shall
promulgate regulations that describe the conditions under which
interim work authorization under paragraph (1) shall be issued.
(3) Annual report to congress.--The Secretary of Homeland
Security, the Attorney General, the Secretary of State, and the
Secretary of Labor shall submit an annual report to Congress
that includes--
(A) the number of cases in which paragraph (1) or
(2) of subsection (a) is invoked during the reporting
period;
(B) the total number of pending cases in each
category at the end of the reporting period;
(C) the resolution of cases finally decided during
the reporting period; and
(D) statistics on interim employment authorizations
issued under this section.
(e) Clerical Amendment.--The table of contents is amended by
inserting after the item relating to section 361 the following:
``Sec. 362. Construction.''.
(f) Enhanced Transparency of Clearance Process.--
(1) Establishment.--The Secretary and the Attorney General
shall each establish an Office of the Public Advocate for
Immigration Clearances within the Department and the Department
of Justice, respectively. Each Office shall be headed by a
Public Advocate.
(2) Duties.--Each Public Advocate shall--
(A) serve as a public liaison for their respective
Department for identifying and resolving delays in
immigration processing caused by background check
investigations; and
(B) serve on the Interagency Task Force established
under subsection (e) of section 105 of the Immigration
and Nationality Act (8 U.S.C. 1105), as added by
subsection (a).
SEC. 209. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) Authorization of Appropriations.--Section 241(i)(5)(C) (8
U.S.C. 1231(i)(5)(C)) is amended by striking ``2011'' and inserting
``2012''.
(b) Reimbursement of States for Preconviction Costs Relating to the
Incarceration of Illegal Aliens.--Section 241(i)(3)(A) (8 U.S.C.
1231(i)(3)(A)) is amended by inserting ``charged with or'' before
``convicted''.
(c) Reimbursement of States for Indirect Costs Relating to the
Incarceration of Illegal Aliens.--Section 501 of the Immigration Reform
and Control Act of 1986 (8 U.S.C. 1365) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Reimbursement of States.--Subject to the amounts provided in
advance in appropriation Acts, the Secretary of Homeland Security shall
reimburse a State for--
``(1) the costs incurred by the State for the imprisonment
of any illegal alien or Cuban national who is convicted of a
felony by such State; and
``(2) the indirect costs related to the imprisonment
described in paragraph (1).''; and
(2) by amending subsections (c) through (e) to read as
follows:
``(c) Manner of Allotment of Reimbursements.--Reimbursements under
this section shall be allotted in a manner that gives special
consideration for any State that--
``(1) shares a border with Mexico or Canada; or
``(2) includes within the State an area in which a large
number of undocumented aliens reside relative to the general
population of that area.
``(d) Definitions.--In this section:
``(1) Indirect costs.--The term `indirect costs' includes--
``(A) court costs, county attorney costs, detention
costs, and criminal proceedings expenditures that do
not involve going to trial;
``(B) indigent defense costs; and
``(C) unsupervised probation costs.
``(2) State.--The term `State' has the meaning given such
term in section 101(a)(36) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(36)).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 for each of the fiscal years 2008 through
2012 to carry out subsection (a)(2).''.
SEC. 210. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED
BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
(a) In General.--The Secretary shall provide sufficient
transportation and officers to take illegal aliens apprehended by State
and local law enforcement officers into custody for processing at a
detention facility operated by the Department.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2008 through 2012 to carry out this section.
SEC. 211. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL
LANDS.
(a) Grants Authorized.--The Secretary may award grants to Indian
tribes with lands adjacent to an international border of the United
States that have been adversely affected by illegal immigration.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
for--
(1) law enforcement activities;
(2) health care services;
(3) environmental restoration; and
(4) the preservation of cultural resources.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that--
(1) describes the level of access of Border Patrol agents
on tribal lands;
(2) describes the extent to which enforcement of
immigration laws may be improved by enhanced access to tribal
lands;
(3) contains a strategy for improving such access through
cooperation with tribal authorities; and
(4) identifies grants provided by the Department for Indian
tribes, either directly or through State or local grants,
relating to border security expenses.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2008 through 2012 to carry out this section.
SEC. 212. MANDATORY ADDRESS REPORTING REQUIREMENTS.
(a) Clarifying Address Reporting Requirements.--Section 265 (8
U.S.C. 1305) is amended--
(1) in subsection (a)--
(A) by striking ``notify the Attorney General in
writing'' and inserting ``submit written or electronic
notification to the Secretary of Homeland Security, in
a manner approved by the Secretary,'';
(B) by striking ``the Attorney General may
require'' and inserting ``the Secretary may require'';
and
(C) by adding at the end the following: ``If the
alien is involved in proceedings before an immigration
judge or in an administrative appeal of such
proceedings, the alien shall submit to the Attorney
General the alien's current address and a telephone
number, if any, at which the alien may be contacted.'';
(2) in subsection (b), by striking ``Attorney General''
each place such term appears and inserting ``Secretary of
Homeland Security'';
(3) in subsection (c), by striking ``given to such parent''
and inserting ``given by such parent''; and
(4) by adding at the end the following:
``(d) Address To Be Provided.--
``(1) In general.--Except as otherwise provided by the
Secretary under paragraph (2), an address provided by an alien
under this section shall be the alien's current residential
mailing address, and shall not be a post office box or other
nonresidential mailing address or the address of an attorney,
representative, labor organization, or employer.
``(2) Specific requirements.--The Secretary may provide
specific requirements with respect to--
``(A) designated classes of aliens and special
circumstances, including aliens who are employed at a
remote location; and
``(B) the reporting of address information by
aliens who are incarcerated in a Federal, State, or
local correctional facility.
``(3) Detention.--An alien who is being detained by the
Secretary under this Act is not required to report the alien's
current address under this section during the time the alien
remains in detention, but shall be required to notify the
Secretary of the alien's address under this section at the time
of the alien's release from detention.
``(e) Use of Most Recent Address Provided by the Alien.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may provide for the appropriate coordination
and cross referencing of address information provided by an
alien under this section with other information relating to the
alien's address under other Federal programs, including--
``(A) any information pertaining to the alien,
which is submitted in any application, petition, or
motion filed under this Act with the Secretary of
Homeland Security, the Secretary of State, or the
Secretary of Labor;
``(B) any information available to the Attorney
General with respect to an alien in a proceeding before
an immigration judge or an administrative appeal or
judicial review of such proceeding;
``(C) any information collected with respect to
nonimmigrant foreign students or exchange program
participants under section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372); and
``(D) any information collected from State or local
correctional agencies pursuant to the State Criminal
Alien Assistance Program.
``(2) Reliance.--The Secretary may rely on the most recent
address provided by the alien under this section or section 264
to send to the alien any notice, form, document, or other
matter pertaining to Federal immigration laws, including
service of a notice to appear. The Attorney General and the
Secretary may rely on the most recent address provided by the
alien under section 239(a)(1)(F) to contact the alien about
pending removal proceedings.
``(3) Obligation.--The alien's provision of an address for
any other purpose under the Federal immigration laws does not
excuse the alien's obligation to submit timely notice of the
alien's address to the Secretary under this section (or to the
Attorney General under section 239(a)(1)(F) with respect to an
alien in a proceeding before an immigration judge or an
administrative appeal of such proceeding).
``(f) Requirement for Database.--The Secretary of Homeland Security
shall establish an electronic database to timely record and preserve
addresses provided under this section.''.
(b) Conforming Changes With Respect to Registration Requirements.--
Chapter 7 of title II (8 U.S.C. 1301 et seq.) is amended--
(1) in section 262(c), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(2) in section 263(a), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(3) in section 264--
(A) in subsections (a), (b), (c), and (d), by
striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''; and
(B) in subsection (f)--
(i) by striking ``Attorney General is
authorized'' and inserting ``Secretary of
Homeland Security and Attorney General are
authorized''; and
(ii) by striking ``Attorney General or the
Service'' and inserting ``Secretary or the
Attorney General''.
(c) Effect on Eligibility for Immigration Benefits.--If an alien
fails to comply with section 262, 263, or 265 of the Immigration and
Nationality Act (8 U.S.C. 1302, 1303, and 1305) or section 264.1 of
title 8, Code of Federal Regulations, or removal orders or voluntary
departure agreements based on any such section for acts committed prior
to the enactment of this Act such failure shall not affect the
eligibility of the alien to apply for a benefit under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
(d) Technical Amendments.--Section 266 (8 U.S.C. 1306 ) is amended
by striking ``Attorney General'' each place it appears and inserting
``Secretary of Homeland Security''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Exceptions.--The amendments made by paragraphs (1)(A),
(1)(B), (2), and (3) of subsection (a) shall take effect as if
enacted on March 1, 2003.
SEC. 213. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
(a) In General.--Section 287(g) (8 U.S.C. 1357(g)) is amended--
(1) in paragraph (2), by adding at the end ``If such
training is provided by a State or political subdivision of a
State to an officer or employee of such State or political
subdivision of a State, the cost of such training (including
applicable overtime costs) shall be reimbursed by the Secretary
of Homeland Security.''; and
(2) in paragraph (4), by adding at the end ``The cost of
any equipment required to be purchased under such written
agreement and necessary to perform the functions under this
subsection shall be reimbursed by the Secretary of Homeland
Security.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section and the amendments made by this section.
SEC. 214. INCREASED CRIMINAL PENALTIES RELATED TO DRUNK DRIVING.
(a) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is
amended--
(1) by redesignating subparagraph (F) as subparagraph (J);
and
(2) by inserting after subparagraph (E) the following:
``(F) Drunk drivers.--Any alien who has been
convicted of 3 offenses for driving under the influence
and at least 1 of the offenses is a felony under
Federal or State law, for which the alien was sentenced
to more than 1 year imprisonment, is inadmissible.''.
(b) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is
amended by adding at the end the following:
``(F) Drunk drivers.--Unless the Secretary of
Homeland Security or the Attorney General waives the
application of this subparagraph, any alien who has
been convicted of 3 offenses for driving under the
influence and at least 1 of the offenses is a felony
under Federal or State law, for which the alien was
sentenced to more than 1 year imprisonment, is
deportable.''.
(c) Judicial Advisal.--
(1) In general.--A court shall not accept a guilty plea for
driving under the influence unless the court has administered
to the defendant, on the record, the following adivsal:
``If you are not a citizen of the United States, you are
advised that conviction for driving under the influence,
including conviction by entry of any plea, even if the
conviction is later expunged, may result in deportation,
exclusion from admission to the United States, or denial of
naturalization pursuant to the laws of the United States.''.
(2) Failure to advise.--Upon request, the court shall allow
the defendant a reasonable amount of additional time to
consider the appropriateness of the plea in light of the
advisement set out in paragraph (1). If the court fails to
advise the defendant in accordance with paragraph (1) and the
defendant shows that conviction of the offense to which the
defendant pleaded guilty may result in the defendant's
deportation, exclusion from the United States, or denial of
naturalization pursuant to the laws of the United States, the
court, upon a motion by the defendant, shall vacate the
judgment and permit the defendant to withdraw the plea and
enter a plea of not guilty. If the record does not show that
the court provided the required advisement, it shall be
presumed that the defendant did not receive the advisement. The
defendant shall not be required to disclose his or her
immigration status at any time.
(d) Conforming Amendment.--Section 212(h) (8 U.S.C. 1182(h)) is
amended--
(1) in the subsection heading, by striking ``Subsection
(a)(2)(A)(i)(I), (II), (B), (D),and (E)'' and inserting
``Certain Provisions in Subsection (a)(2)''; and
(2) in the matter preceding paragraph (1), by striking
``and (E)'' and inserting ``(E), and (F)''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
convictions entered on or after such date.
SEC. 215. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL
SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.
Title II (8 U.S.C. 1151 et seq.) is amended by adding after section
240C the following:
``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL
SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL
CUSTODY.
``(a) Authority.--Notwithstanding any other provision of law, law
enforcement personnel of a State, or a political subdivision of a
State, have the inherent authority of a sovereign entity to
investigate, apprehend, arrest, detain, or transfer to Federal custody
(including the transportation across State lines to detention centers)
an alien for the purpose of assisting in the enforcement of the
criminal provisions of the immigration laws of the United States in the
normal course of carrying out the law enforcement duties of such
personnel. This State authority has never been displaced or preempted
by a Federal law.
``(b) Transfer.--If the head of a law enforcement entity of a State
(or a political subdivision of the State), exercising authority with
respect to the detention of an alien convicted of a criminal offense,
submits a request to the Secretary of Homeland Security, the Secretary
shall--
``(1) determine the immigration status of the offender; and
``(2) report to the requesting agency whether the
Department of Homeland Security intends to take custody of the
offender for violations of Federal immigration laws, with an
approximate timeframe for the transfer of custody.
``(c) Reimbursement.--The Secretary of Homeland Security is
authorized to use funds appropriated pursuant to the authorization of
appropriations in section 241(i)(5) to reimburse a State, or a
political subdivision of a State for activities described in
subparagraph (a) or (b).
``(d) Requirement for Appropriate Security.--The Secretary of
Homeland Security shall ensure that--
``(1) aliens incarcerated in a Federal facility pursuant to
this section are held in facilities which provide an
appropriate level of security; and
``(2) if practicable, aliens detained solely for civil
violations of Federal immigration law are separated within a
facility or facilities.
``(e) Requirement for Schedule.--In carrying out this section, the
Secretary of Homeland Security shall establish a regular circuit and
schedule for the prompt transportation of apprehended aliens from the
custody of those States, and political subdivisions of States, which
routinely submit requests described in subsection (b), into Federal
custody.
``(f) Authority for Contracts.--
``(1) In general.--The Secretary of Homeland Security may
enter into contracts or cooperative agreements with appropriate
State and local law enforcement and detention agencies to
implement this section.
``(2) Determination by secretary.--Before entering into a
contract or cooperative agreement with a State or political
subdivision of a State under paragraph (1), the Secretary shall
determine whether the State, or if appropriate, the political
subdivision in which the agencies are located, has in place any
formal or informal policy that violates section 642 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373). The Secretary shall not allocate any of
the funds made available under this section to any State or
political subdivision that has in place a policy that violates
such section.
``(g) Construction.--Nothing in this section shall be construed to
require law enforcement personnel of a State or a political subdivision
to assist in the enforcement of the immigration laws of the United
States.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 216. LAUNDERING OF MONETARY INSTRUMENTS.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by inserting ``section 1590 (relating to trafficking
with respect to peonage, slavery, involuntary servitude, or
forced labor),'' after ``section 1363 (relating to destruction
of property within the special maritime and territorial
jurisdiction),''; and
(2) by inserting ``section 274(a) of the Immigration and
Nationality Act (8 U.S.C.1324(a)) (relating to bringing in and
harboring certain aliens),'' after ``section 590 of the Tariff
Act of 1930 (19 U.S.C. 1590) (relating to aviation
smuggling),''.
SEC. 217. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF
FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF
THE DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.
(a) Construction or Acquisition of Detention Facilities.--
(1) In general.--Subject to the availability of
appropriations, the Secretary shall construct or acquire, in
addition to existing facilities for the detention of aliens, at
least 20 detention facilities in the United States that have
the capacity to detain a combined total of not less than 20,000
individuals at any time for aliens detained pending removal or
a decision on removal of such aliens from the United States.
(2) Requirement to construct or acquire.--Subject to the
availability of appropriations, the Secretary shall construct
or acquire additional detention facilities in the United States
to accommodate the detention beds required by section 5204(a)
of the Intelligence Reform and Terrorism Protection Act of 2004
(Public Law 108-458; 118 Stat. 3734).
(3) Use of alternate detention facilities.--Subject to the
availability of appropriations, the Secretary shall fully
utilize all possible options to cost effectively increase
available detention capacities, and shall utilize detention
facilities that are owned and operated by the Federal
Government if the use of such facilities is cost effective.
(4) Use of installations under base closure laws.--In
acquiring additional detention facilities under this
subsection, the Secretary shall consider the transfer of
appropriate portions of military installations approved for
closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) for use in accordance with this
subsection.
(5) Determination of location.--The location of any
detention facility constructed or acquired in accordance with
this subsection shall be determined, with the concurrence of
the Secretary, by the senior officer responsible for Detention
and Removal Operations in the Department. The detention
facilities shall be located so as to enable the officers and
employees of the Department to increase to the maximum extent
practicable the annual rate and level of removals of illegal
aliens from the United States.
(b) Annual Report to Congress.--Not later than 1 year after the
date of the enactment of this Act, and annually thereafter, in
consultation with the heads of other appropriate Federal agencies, the
Secretary shall submit to Congress an assessment of the additional
detention facilities and bed space needed to detain unlawful aliens
apprehended at the United States ports of entry or along the
international land borders of the United States.
(c) Technical and Conforming Amendment.--Section 241(g)(1) (8
U.S.C. 1231(g)(1)) is amended by striking ``may expend'' and inserting
``shall expend''.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 218. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED
WITH FEDERAL OFFENSES.
(a) Responsibility of United States Attorneys.--Beginning not later
than 2 years after the date of enactment of this Act, the office of the
United States Attorney that is prosecuting a criminal case in a Federal
court--
(1) shall determine, not later than 30 days after filing
the initial pleadings in the case, whether each defendant in
the case is lawfully present in the United States (subject to
subsequent legal proceedings to determine otherwise);
(2)(A) if the defendant is determined to be an alien
lawfully present in the United States, shall notify the court
in writing of the determination and the current status of the
alien under the Immigration and Nationality Act (8 U.S.C. 1101
et seq.); and
(B) if the defendant is determined not to be lawfully
present in the United States, shall notify the court in writing
of the determination, the defendant's alien status, and, to the
extent possible, the country of origin or legal residence of
the defendant;
(3) ensure that the information described in paragraph (2)
is included in the case file and the criminal records system of
the office of the United States attorney; and
(4) provide notice to the alien and the counsel for the
alien of any such determination and any such submission to the
court.
(b) Guidelines.--A determination made under subsection (a)(1) shall
be made in accordance with guidelines of the Executive Office for
Immigration Review of the Department of Justice.
(c) Responsibilities of Federal Courts.--
(1) Modifications of records and case managements
systems.--Not later than 2 years after the date of enactment of
this Act, all Federal courts that hear criminal cases, or
appeals of criminal cases, shall modify their criminal records
and case management systems, in accordance with guidelines
which the Director of the Administrative Office of the United
States Courts shall establish, so as to enable accurate
reporting of information described in subsection (a)(2).
(2) Data entries.--Beginning not later than 2 years after
the date of enactment of this Act, each Federal court described
in paragraph (1) shall enter into its electronic records the
information contained in each notification to the court under
subsection (a)(2).
(d) Construction.--Nothing in this section may be construed to
provide a basis for admitting evidence to a jury or releasing
information to the public regarding an alien's immigration status.
(e) Annual Report to Congress.--The Director of the Administrative
Office of the United States Courts shall include, in the annual report
filed with Congress under section 604 of title 28, United States Code--
(1) statistical information on criminal trials of aliens in
the courts and criminal convictions of aliens in the lower
courts and upheld on appeal, including the type of crime in
each case and including information on the legal status of the
aliens; and
(2) recommendations on whether additional court resources
are needed to accommodate the volume of criminal cases brought
against aliens in the Federal courts.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
for each of fiscal years 2008 through 2012, such sums as may be
necessary to carry out this section.
(2) Availability of funds.--Funds appropriated pursuant to
the authorization of appropriations in this subsection in any
fiscal year shall remain available until expended.
SEC. 219. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER SYSTEM.
Not later than 60 days after the date of enactment of this Act, the
Attorney General shall issue a directive to expand the Justice Prisoner
and Alien Transfer System so that such System provides additional
services with respect to aliens who are illegally present in the United
States. Such expansion should include--
(1) increasing the daily operations of such System with
buses and air hubs in 3 geographic regions;
(2) allocating a set number of seats for such aliens for
each metropolitan area;
(3) allowing metropolitan areas to trade or give some of
the seats allocated to the area under such System for such
aliens to other areas in their region based on the
transportation needs of each area; and
(4) requiring an annual report that analyzes the number of
seats that each metropolitan area is allocated under such
System for such aliens and modifies such allocation if
necessary.
SEC. 220. CANCELLATION OF VISAS.
Section 222(g) (8 U.S.C. 1202(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting ``and any other nonimmigrant visa
issued by the United States that is in the possession
of the alien'' after ``such visa''; and
(2) in paragraph (2)(A), by striking ``(other than the visa
described in paragraph (1)) issued in a consular office located
in the country of the alien's nationality'' and inserting
``(other than a visa described in paragraph (1)) issued in a
consular office located in the country of the alien's
nationality or foreign residence''.
Subtitle B--Passport and Visa Security
SEC. 221. REFORM OF PASSPORT FRAUD OFFENSES.
(a) Trafficking in Passports.--Section 1541 of title 18, United
States Code, is amended to read as follows:
``Sec. 1541. Trafficking in passports
``(a) Multiple Passports.--Any person who, during any period of 3
years or less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more passports;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more passports;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes 10 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more applications for a United States passport,
knowing the applications to contain any false statement or
representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(b) Passport Materials.--Any person who knowingly and without
lawful authority produces, buys, sells, possesses, or uses any official
material (or counterfeit of any official material) used to make a
passport, including any distinctive paper, seal, hologram, image, text,
symbol, stamp, engraving, or plate, shall be fined under this title,
imprisoned not more than 20 years, or both.''.
(b) False Statement in an Application for a Passport.--Section 1542
of title 18, United States Code, is amended to read as follows:
``Sec. 1542. False statement in an application for a passport
``(a) In General.--Whoever knowingly makes any false statement or
representation in an application for a United States passport, or
mails, prepares, presents, or signs an application for a United States
passport knowing the application to contain any false statement or
representation, shall be fined under this title, imprisoned not more
than 15 years, or both.
``(b) Venue.--
``(1) In general.--An offense under subsection (a) may be
prosecuted in any district--
``(A) in which the false statement or
representation was made or the application for a United
States passport was prepared or signed; or
``(B) in which or to which the application was
mailed or presented.
``(2) Acts occurring outside the united states.--An offense
under subsection (a) involving an application for a United
States passport prepared and adjudicated outside the United
States may be prosecuted in the district in which the resultant
passport was or would have been produced.
``(c) Savings Clause.--Nothing in this section may be construed to
limit the venue otherwise available under sections 3237 and 3238 of
this title.''.
(c) Forgery and Unlawful Production of a Passport.--Section 1543 of
title 18, United States Code, is amended to read as follows:
``Sec. 1543. Forgery and unlawful production of a passport
``(a) Forgery.--Any person who knowingly--
``(1) forges, counterfeits, alters, or falsely makes any
passport; or
``(2) transfers any passport knowing it to be forged,
counterfeited, altered, falsely made, stolen, or to have been
produced or issued without lawful authority,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Unlawful Production.--Any person who knowingly and without
lawful authority--
``(1) produces, issues, authorizes, or verifies a passport
in violation of the laws, regulations, or rules governing the
issuance of the passport;
``(2) produces, issues, authorizes, or verifies a United
States passport for or to any person knowing or in reckless
disregard of the fact that such person is not entitled to
receive a passport; or
``(3) transfers or furnishes a passport to any person for
use by any person other than the person for whom the passport
was issued or designed,
shall be fined under this title, imprisoned not more than 15 years, or
both.''.
(d) Misuse of a Passport.--Section 1544 of title 18, United States
Code, is amended to read as follows:
``Sec. 1544. Misuse of a passport
``Any person who knowingly--
``(1) uses any passport issued or designed for the use of
another;
``(2) uses any passport in violation of the conditions or
restrictions therein contained, or in violation of the laws,
regulations, or rules governing the issuance and use of the
passport;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes any passport knowing it to be forged,
counterfeited, altered, falsely made, procured by fraud, or
produced or issued without lawful authority; or
``(4) violates the terms and conditions of any safe conduct
duly obtained and issued under the authority of the United
States,
shall be fined under this title, imprisoned not more than 15 years, or
both.''.
(e) Schemes to Defraud Aliens.--Section 1545 of title 18, United
States Code, is amended to read as follows:
``Sec. 1545. Schemes to defraud aliens
``(a) In General.--Any person who knowingly executes a scheme or
artifice, in connection with any matter that is authorized by or arises
under Federal immigration laws or any matter the offender claims or
represents is authorized by or arises under Federal immigration laws,
to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value
from any person by means of false or fraudulent pretenses,
representations, or promises,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Misrepresentation.--Any person who knowingly and falsely
represents that such person is an attorney or an accredited
representative (as that term is defined in section 1292.1 of title 8,
Code of Federal Regulations (or any successor regulation to such
section)) in any matter arising under Federal immigration laws shall be
fined under this title, imprisoned not more than 15 years, or both.''.
(f) Immigration and Visa Fraud.--Section 1546 of title 18, United
States Code, is amended--
(1) by amending the section heading to read as follows:
``Sec. 1546. Immigration and visa fraud'';
and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) In General.--Any person who knowingly--
``(1) uses any immigration document issued or designed for
the use of another;
``(2) forges, counterfeits, alters, or falsely makes any
immigration document;
``(3) completes, mails, prepares, presents, signs, or
submits any immigration document knowing it to contain any
materially false statement or representation;
``(4) secures, possesses, uses, transfers, receives, buys,
sells, or distributes any immigration document knowing it to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority;
``(5) adopts or uses a false or fictitioius name to evade
or to attempt to evade the immigration laws; or
``(6) transfers or furnishes, without lawful authority, an
immigration document to another person for use by a person
other than the person for whom the pasport was issued or
disgned,
shall be fined under this title, imprisoned not more 15 years, or both.
``(c) Trafficking.--Any person who, during any period of 3 years or
less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more immigration documents;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more immigration documents;
``(3) secures, possesses, uses, buys, sells, or distributes
10 or more immigration documents, knowing the immigration
documents to be forged, counterfeited, altered, stolen, falsely
made, procured by fraud, or produced or issued without lawful
authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more immigration documents knowing the documents
to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(d) Immigration Document Materials.--Any person who knowingly and
without lawful authority produces, buys, sells, possesses, or uses any
official material (or counterfeit of any official material) used to
make immigration documents, including any distinctive paper, seal,
hologram, image, text, symbol, stamp, engraving, or plate, shall be
fined under this title, imprisoned not more than 20 years, or both.
``(e) Employment Documents.--Any person who uses--
``(1) an identification document, knowing (or having reason
to know) that the document was not issued lawfully for the use
of the possessor;
``(2) an identification document knowing (or having reason
to know) that the document is false; or
``(3) a false attestation,
for the purpose of satisfying a requirement of section 274A(b) of the
Immigration and Nationality Act (8 U.S.C. 1324a(b)), shall be fined
under this title, imprisoned not more than 5 years, or both.''.
(g) Alternative Imprisonment Maximum for Certain Offenses.--Section
1547 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``(other than an offense under section 1545)'';
(2) in paragraph (1), by striking ``15'' and inserting
``20''; and
(3) in paragraph (2), by striking ``20'' and inserting
``25''.
(h) Attempts, Conspiracies, Jurisdiction, and Definitions.--Chapter
75 of title 18, United States Code, is amended by adding after section
1547 the following:
``Sec. 1548. Attempts and conspiracies
``Any person who attempts or conspires to violate any section of
this chapter shall be punished in the same manner as a person who
completed a violation of that section.
``Sec. 1549. Additional jurisdiction
``(a) In General.--Any person who commits an offense under this
chapter within the special maritime and territorial jurisdiction of the
United States shall be punished as provided under this chapter.
``(b) Extraterritorial Jurisdiction.--Any person who commits an
offense under this chapter outside the United States shall be punished
as provided under this chapter if--
``(1) the offense involves a United States passport or
immigration document (or any document purporting to be such a
document) or any matter, right, or benefit arising under or
authorized by Federal immigration laws;
``(2) the offense is in or affects foreign commerce;
``(3) the offense affects, jeopardizes, or poses a
significant risk to the lawful administration of Federal
immigration laws, or the national security of the United
States;
``(4) the offense is committed to facilitate an act of
international terrorism (as defined in section 2331) or a drug
trafficking crime (as defined in section 929(a)(2)) that
affects or would affect the national security of the United
States;
``(5) the offender is a national of the United States or an
alien lawfully admitted for permanent residence (as those terms
are defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))); or
``(6) the offender is a stateless person whose habitual
residence is in the United States.
``Sec. 1550. Authorized law enforcement activities
``Nothing in this chapter shall prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or an intelligence agency of the United States,
or any activity authorized under title V of the Organized Crime Control
Act of 1970 (Public Law 91-452; 84 Stat. 933).
``Sec. 1551. Definitions
``As used in this chapter:
``(1) The term `application for a United States passport'
includes any document, photograph, or other piece of evidence
submitted in support of an application for a United States
passport.
``(2) The term `immigration document'--
``(A) means any application, petition, affidavit,
declaration, attestation, form, visa, identification
card, alien registration document, employment
authorization document, border crossing card,
certificate, permit, order, license, stamp,
authorization, grant of authority, or other official
document, arising under or authorized by the
immigration laws of the United States; and
``(B) includes any document, photograph, or other
piece of material evidence attached or submitted in
support of an immigration document described in
subparagraph (A).
``(3) The term `immigration laws' includes--
``(A) the laws described in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(17));
``(B) the laws relating to the issuance and use of
passports; and
``(C) the regulations prescribed under the
authority of any law described in subparagraph (A) or
(B).
``(4) A person does not exercise `lawful authority' if the
person abuses or improperly exercises lawful authority the
person otherwise holds.
``(5) The term `passport' means--
``(A) a travel document attesting to the identity
and nationality of the bearer that is issued under the
authority of the Secretary of State, a foreign
government, or an international organization; or
``(B) any instrument purporting to be a document
described in subparagraph (A).
``(6) The term `produce' means to make, prepare, assemble,
issue, print, authenticate, or alter.
``(7) The term `to present' means to offer or submit for
official processing, examination, or adjudication. Any such
presentation continues until the official processing,
examination, or adjudication is complete.
``(8) The `use' of a passport or an immigration document
referred to in section 1541(a), 1543(b), 1544, 1546(a), and
1546(b) of this chapter includes--
``(A) any officially authorized use;
``(B) use to travel;
``(C) use to demonstrate identity, residence,
nationality, citizenship, or immigration status;
``(D) use to seek or maintain employment; or
``(E) use in any matter within the jurisdiction of
the Federal government or of a State government.''.
(i) Clerical Amendment.--The table of sections for chapter 75 of
title 18, United States Code, is amended to read as follows:
``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Alternative imprisonment maximum for certain offenses.
``1548. Attempts and conspiracies.
``1549. Additional jurisdiction.
``1550. Authorized law enforcement activities.
``1551. Definitions.''.
SEC. 222. OTHER IMMIGRATION REFORMS.
(a) Directive to the United States Sentencing Commission.--
(1) In general.--Pursuant to the authority under section
994 of title 28, United States Code, the United States
Sentencing Commission shall promulgate or amend the sentencing
guidelines, policy statements, and official commentaries
related to passport fraud offenses, including the offenses
described in chapter 75 of title 18, United States Code, as
amended by section 221, to reflect the serious nature of such
offenses.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the United States Sentencing Commission
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report on the implementation of this
subsection.
(b) Release and Detention Prior to Disposition.--
(1) Detention.--Section 3142(e) of title 18, United States
Code, is amended to read as follows:
``(e) Detention.--(1) If, after a hearing pursuant to the
provisions of subsection (f) of this section, the judicial officer
finds that no condition or combination of conditions will reasonably
assure the appearance of the person as required and the safety of any
other person and the community, such judicial officer shall order the
detention of the person before trial.
``(2) In a case described in subsection (f)(1) of this section, a
rebuttable presumption arises that no condition or combination of
conditions will reasonably assure the safety of any other person and
the community if such judicial officer finds that--
``(A) the person has been convicted of a Federal offense
that is described in subsection (f)(1) of this section, or of a
State or local offense that would have been an offense
described in subsection (f)(1) of this section if a
circumstance giving rise to Federal jurisdiction had existed;
``(B) the offense described in subparagraph (A) of this
paragraph was committed while the person was on release pending
trial for a Federal, State, or local offense; and
``(C) a period of not more than five years has elapsed
since the date of conviction, or the release of the person from
imprisonment, for the offense described in subparagraph (A) of
this paragraph, whichever is later.
``(3) Subject to rebuttal by the person, it shall be presumed that
no condition or combination of conditions will reasonably assure the
appearance of the person as required and the safety of the community if
the judicial officer finds that there is probable cause to believe that
the person committed an offense for which a maximum term of
imprisonment of ten years or more is prescribed in the Controlled
Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title
46, an offense under section 924(c), 956(a), or 2332b of this title, or
an offense listed in section 2332b(g)(5)(B) of this title for which a
maximum term of imprisonment of 10 years or more is prescribed, or an
offense involving a minor victim under section 1201, 1591, 2241, 2242,
2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3),
2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422,
2423, or 2425 of this title.''.
(c) Protection for Legitimate Refugees and Asylum Seekers.--
(1) Protection for legitimate refugees and asylum
seekers.--The Attorney General, in consultation with the
Secretary of Homeland Security, shall develop binding
prosecution guidelines for Federal prosecutors to ensure that
any prosecution of an alien seeking entry into the United
States by fraud is consistent with the United States treaty
obligations under Article 31(1) of the Convention Relating to
the Status of Refugees, done at Geneva July 28, 1951 (as made
applicable by the Protocol Relating to the Status of Refugees,
done at New York January 31, 1967 (19 UST 6223)).
(2) No private right of action.--The guidelines developed
pursuant to paragraph (1), and any internal office procedures
related to such guidelines, are intended solely for the
guidance of attorneys of the United States. This subsection,
such guidelines, and the process for developing such guidelines
are not intended to, do not, and may not be relied upon to
create any right or benefit, substantive or procedural,
enforceable at law by any party in any administrative, civil,
or criminal matter.
(3) Waiver.--The Secretary may grant a waiver from
prosecution under chapter 75 of title 18, United States Code,
as amended by section 211 of this Act, to a person--
(A) seeking protection, classification, or status
under section 208 or 241(b)(3) of the Immigration and
Nationality Act, or relief under the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment done at New York, December 10, 1994,
pursuant to title 8, Code of Federal Regulations;
(B) referred for a credible fear interview, a
reasonable fear interview, or an asylum-only hearing
under section 235 of the Immigration and Nationality
Act or title 8, Code of Federal Regulations; or
(C) has filed an application for classification or
status under paragraph (15)(T), (15)(U), (27)(J), or
(51) of section 101(a) of the Immigration and
Nationality Act, section 216(c)(4)(C), 240A(b)(2), or
section 244(a)(3) of such Act.
(d) Diplomatic Security Service.--Section 37(a)(1) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)(1)) is
amended to read as follows:
``(1) conduct investigations concerning--
``(A) illegal passport or visa issuance or use;
``(B) identity theft or document fraud affecting or
relating to the programs, functions, and authorities of
the Department of State;
``(C) violations of chapter 77 of title 18, United
States Code; and
``(D) Federal offenses committed within the special
maritime and territorial jurisdiction defined in
paragraph (9) of section 7 of title 18, United States
Code;''.
Subtitle C--Detention and Removal of Aliens Who Illegally Enter or
Remain in the United States
SEC. 231. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.
(a) In General.--Section 241(a) (8 U.S.C. 1231(a)) is amended--
(1) in paragraph (1)(A), by striking ``Attorney General''
and inserting ``Secretary of Homeland Security'';
(2) in paragraphs (3), (4), (5), (6), and (7), by striking
``Attorney General'' each place it appears and inserting
``Secretary'';
(3) in paragraph (1)--
(A) by amending subparagraph (C) to read as
follows:
``(C) Extension of removal period.--
``(i) In general.--The Secretary shall
extend the removal period for more than a
period of 90 days and the alien may remain in
detention during such extended period if,
during the removal period--
``(I) the alien--
``(aa) fails or refuses to make timely application in good faith
for travel or other documents necessary for the alien to depart the
United States; or
``(bb) conspires or acts to prevent the removal of the alien
subject to an order of removal; and
``(II) the Secretary makes a
certification described in paragraph
(8)(B) for such alien.
``(ii) Stay of removal.--An alien seeking a
stay of removal from an immigration judge, a
Federal judge, or the Board of Immigration
Appeals shall not be deemed under any provision
of law to be conspiring or acting to prevent
the removal of the alien.
``(iii) Review.--The procedures described
in paragraph (8)(E) shall apply to actions
taken under this subparagraph.''; and
(B) by adding at the end the following:
``(D) Tolling of period.--If, at the time described
in clause (i), (ii), or (iii) of subparagraph (B), the
alien is not in the custody of the Secretary under the
authority of this Act, the removal period shall not
begin until the alien is taken into such custody. If
the Secretary lawfully transfers custody of the alien
during the removal period to another Federal agency or
to a State or local government agency in connection
with the official duties of such agency, the removal
period shall be tolled until the date on which the
alien is returned to the custody of the Secretary.'';
(4) by amending paragraph (2) to read as follows:
``(2) Detention.--During the removal period, the Secretary
shall detain the alien. Under no circumstances during the
removal period shall the Secretary release an alien who has
been found inadmissible under section 212(a)(2) or 212(a)(3)(B)
or deportable under section 237(a)(2) or 1227(a)(4)(B). If a
court, the Board of Immigration Appeals, or an immigration
judge orders a stay of removal of an alien who is subject to an
administratively final order of removal, the Secretary, in the
exercise of discretion, may detain or supervise the alien
during the pendency of such stay of removal, subject to the
limitations set forth in subparagraphs (3), (6), and (8).'';
(5) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``If'' and inserting ``Subject to the
requirements of paragraphs (6) and (8), if''; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) to obey reasonable restrictions on the
alien's conduct or activities, or to perform
affirmative acts prescribed by the Secretary--
``(i) to prevent the alien from absconding;
or
``(ii) to protect the community;
``(E) if appropriate--
``(i) to utilize an electronic monitoring
device;
``(ii) to complete parole and probation
requirements for aliens with outstanding
obligations under Federal or State law; and
``(F) to comply with any other conditions of such
supervision that the Secretary determines is
appropriate.'';
(6) in paragraph (6), by inserting ``, subject to the
provisions of paragraph (8)'' after ``beyond the removal
period'';
(7) by redesignating paragraph (7) as paragraph (11);
(8) by inserting after paragraph (6) the following:
``(7) Parole.--
``(A) In general.--If an alien detained pursuant to
paragraph (6) is an applicant for admission and is
released from detention, such release shall be
considered to be made as an exercise of the Secretary's
parole authority under 212(d)(5). Notwithstanding
section 212(d)(5), the Secretary may provide that the
alien shall not be returned to custody unless--
``(i) the alien violates the conditions of
the alien's parole under this section;
``(ii) the alien's removal becomes
reasonably foreseeable; or
``(iii) the alien violates the conditions
set out in paragraph (3).
``(B) Not an admission.--Under no circumstance
shall an alien paroled under this section be considered
admitted to the United States.
``(8) Additional rules for detention or release of aliens
beyond removal period.--
``(A) Detention after removal period.--The
Secretary is authorized to detain an alien who has
effected an entry into the United States--
``(i) for not more than 90 days beyond the
removal period if the Secretary is seeking to
make a certification described in subparagraph
(B) for the alien; or
``(ii) for more than 90 days beyond the
removal period if the Secretary has made a
certification described in subparagraph (B) for
the alien, subject to the conditions set out in
this paragraph.
``(B) Certification.--A certification described in
this subparagraph is a written certification made by
the Secretary in which the Secretary determines--
``(i) that the alien is significantly
likely to be removed in the reasonably
foreseeable future;
``(ii) that the alien has failed to make a
timely application, in good faith, for travel
documents or has otherwise conspired or acted
to prevent the removal of the alien;
``(iii) that the alien would have been
removed if the alien had not--
``(I) failed or refused to make all
reasonable efforts to comply with the
removal order;
``(II) failed or refused to fully
cooperate with the efforts of the
Secretary to establish the alien's
identity and carry out the removal
order, including failing to submit a
timely application, in good faith, for
travel or other documents necessary for
the alien's departure from the United
States; or
``(III) conspired or acted to
prevent such removal;
``(iv) in consultation with the Secretary
of Health and Human Services, that the alien
has a highly contagious disease that poses a
threat to public safety, in which case the
alien may be quarantined in a civil medical
facility;
``(v) on the basis of information available
to the Secretary (including classified and
national security information), regardless of
the grounds upon which the alien was ordered
removed and pursuant to a written certification
under section 236A, that there is reason to
believe that the release of the alien would
threaten the national security of the United
States; or
``(vi) that the release of the alien would
threaten the safety of the community,
notwithstanding conditions of release designed
to ensure the safety of the community or any
person and the alien--
``(I) has been convicted of 1 or
more aggravated felonies (as defined in
section 101(a)(43)(A)), or of 1 or more
attempts or conspiracies to commit any
such aggravated felonies for which the
alien served an aggregate term of
imprisonment of at least 5 years and
the alien is likely to engage in acts
of violence in the future; or
``(II) because of a mental
condition or personality disorder
(certified under section 232(b)) and
behavior associated with that condition
or disorder, is likely to engage in
acts of violence in the future, in
which case the alien may be referred
for review and evaluation for civil
commitment pursuant to the civil
commitment statute of the State in
which the alien resides.
``(C) Delegation.--Notwithstanding any other
provision of law, the Secretary may not delegate the
authority to make a certification described in
subparagraph (B) to any official lower than the
Assistant Secretary for Immigration and Customs
Enforcement.
``(D) Administrative review.--
``(i) In general.--The Secretary shall
establish an administrative review process to
permit an alien to appeal a decision by the
Secretary to detain the alien after the removal
period under subparagraph (A) or to extend the
removal period for the alien under paragraph
(1)(C).
``(ii) Review.--An immigration judge shall
review a determination by the Secretary to
detain an alien under subparagraph (A) or
paragraph (1)(C). An immigration judge shall
uphold such determination of the Secretary if
the Secretary establishes at a hearing, by
clear and convincing evidence, that such
detention is authorized under subparagraph (A)
or paragraph (1)(C). In making this
determination, the court shall disclose, if
otherwise discoverable, to the alien, the
counsel of the alien, or both, under procedures
and standards set forth in the Classified
Information Procedures Act (18 U.S.C. App.),
any evidence that the Secretary relied on in
making a determination under this section
unless the court finds that such disclosure
would not assist in determining any legal or
factual issue pertinent to the case. The
decision of the immigration judge shall not be
subject to appeal, but shall be reviewable in a
habeas corpus proceeding under section 2241 of
title 28, United States Code.
``(E) Renewal of extended detention.--
``(i) Renewal of detention.--The Secretary
may renew a certification under subparagraph
(B) every 180 days after providing the alien
with an opportunity to submit documents or
other evidence in support of release. Unless
the Secretary determines that continued
detention under subparagraph (A) or paragraph
(1)(C) is warranted, the Secretary shall
release the alien subject to the conditions of
supervision described in paragraph (3).
``(ii) Review.--Any renewal of a
certification under clause (i) shall be subject
to review as described in subparagraph (E) and
any such review shall be completed before the
date that is 180 days after the date the
alien's detention was continued under
subparagraph (A) or paragraph (1)(C) or the
date of the previous renewal of such detention
under clause (i).
``(F) Applicability.--This paragraph and paragraphs
(6) and (7) shall apply to any alien returned to
custody under paragraph (9) as if the removal period
terminated on the day of the redetention.
``(9) Redetention.--The Secretary may not detain any alien
subject to a final removal order who has previously been
released from custody unless--
``(A) the alien fails to comply with the conditions
of departure applicable to the alien;
``(B) the alien fails to continue to satisfy the
conditions of supervision under paragraph (3); or
``(C) upon reconsideration, the Secretary makes a
certification for the alien described in paragraph
(8)(B).
``(10) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to paragraph (6), (7), or (8) shall be available
exclusively in a habeas corpus proceeding brought in a United
States district court in the judicial district in which the
alien is detained or in which the alien's removal proceeding
was initiated.''.
(b) Effective Date.--The amendments made by this section--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply to--
(A) any alien subject to a final administrative
removal, deportation, or exclusion order that was
issued before, on, or after the date of the enactment
of this Act; and
(B) any act or condition occurring or existing
before, on, or after the date of the enactment of this
Act.
SEC. 232. INCREASED CRIMINAL PENALTIES FOR IMMIGRATION VIOLATIONS.
(a) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b)) is
amended by adding at the end ``A petition may not be approved under
this section if the petitioner has been found removable from the United
States.''.
(b) Conditional Permanent Resident Status.--
(1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is
amended by inserting ``if the alien applied for the removal of
condition not less than 90 days before applying for
naturalization'' before the period at the end.
(2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C.
1186b(e)) is amended by inserting ``if the alien applied for
the removal of condition not less than 90 days before applying
for naturalization'' before the period at the end.
(c) Concurrent Naturalization and Removal Proceedings.--Section 318
(8 U.S.C. 1429) is amended to read as follows:
``SEC. 318. PREREQUISITE TO NATURALIZATION; BURDEN OF PROOF.
``(a) In General.--Except as otherwise provided in this title, no
person shall be naturalized unless the person has been lawfully
admitted to the United States for permanent residence in accordance
with all applicable provisions of this Act. The burden of proof shall
be upon such person to show that the person entered the United States
lawfully, and the time, place, and manner of such entry into the United
States, but in presenting such proof the person shall be entitled to
the production of the person's's immigrant visa, if any, or of other
entry document, if any, and of any other documents and records, not
considered by the Secretary of Homeland Security to be confidential,
pertaining to such entry, in the custody of the Department of Homeland
Security.
``(b) Other Proceedings.--Notwithstanding the provisions of section
405(b), and except as provided in sections 328 and 329, no person shall
be naturalized against whom there is outstanding a final finding of
deportability pursuant to a warrant of arrest issued under the
provisions of this or any other Act and no application for
naturalization shall be considered by the Secretary of Homeland
Security or any court if there is pending against the applicant any
removal proceeding or other proceeding to determine the applicant's
inadmissibility or deportability, or to determine whether the
applicant's lawful permanent resident status should be rescinded, if
the removal proceeding or other proceeding was commenced before a final
agency decision on naturalization made pursuant to a hearing requested
under section 336(a). The findings of the Secretary in terminating
removal proceedings or canceling the removal of an alien under this Act
shall not be binding upon the Secretary in determining whether such
person has established eligibility for naturalization under this
title.''.
(d) District Court Jurisdiction.--Section 336(b) (8 U.S.C. 1447(b))
is amended to read as follows:
``(b) Request for Hearing Before District Court.--If a final
administrative decision is not rendered under section 335 before the
end of the 180-day period beginning on the date on which the
examination is conducted under such section, the applicant may apply to
the United States district court for the district in which the
applicant resides for a hearing on the matter. Such court has
jurisdiction over the matter and may--
``(1) determine the matter; or
``(2) remand the matter, with appropriate instructions, to
the Secretary of Homeland Security, to determine the matter.''.
(e) Effective Date.--The amendments made by this section--
(1) shall apply to any act that occurred on or after the
date of enactment of this Act; and
(2) shall apply to any application for naturalization or
any case or matter under the immigration laws filed on or after
such date of enactment.
SEC. 233. AGGRAVATED FELONY.
(a) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C.
1101(a)(43)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``The term `aggravated felony' means--'' and inserting
``Notwithstanding any other provision of law, the term
`aggravated felony' applies to an offense described in this
paragraph, whether in violation of Federal or State law, and to
such an offense in violation of the law of a foreign country
for which the term of imprisonment was completed within the
previous 15 years, and regardless of whether the conviction was
entered before, on, or after September 30, 1996 and means--'';
(2) in subparagraph (N), by striking ``paragraph (1)(A) or
(2) of'' and inserting ``paragraph (1)(A), (2), or (4) of'';
and
(3) by striking the undesignated matter following
subparagraph (U).
(b) Effective Date and Application.--
(1) In general.--The amendments made by subsection (a)
shall--
(A) take effect on the date of enactment of this
Act; and
(B) apply to any act that occurred on or after the
date of enactment of this Act.
(2) Application of iiraira amendments.--The amendments to
section 101 (a)(43) of the Immigration and Nationality Act made
by section 321 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208;
110 Stat. 3009-627) shall continue to apply, whether the
conviction was entered before, on, or after September 30, 1996.
SEC. 234. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE,
REMOVAL, AND ALIEN SMUGGLING.
(a) Criminal Street Gangs.--
(1) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as
subparagraph (J); and
(B) by inserting after subparagraph (E) the
following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General
waives the application of this subparagraph, any alien
who has been convicted of a crime under section 521 of
title 18, United States Code, is inadmissible.''.
(2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2))
is amended by adding at the end the following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General
waives the application of this subparagraph, any alien
who has been convicted of a crime under section 521 of
title 18, United States Code, is deportable.''.
(3) Temporary protected status.--Section 244 (8 U.S.C.
1254a) is amended--
(A) by striking ``Attorney General'' each place it
appears and inserting ``Secretary of Homeland
Security'';
(B) in subsection (c)(2)(B)--
(i) in clause (i), by striking ``, or'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) the alien has been convicted of a
crime under section 521 of title 18, United
States Code.''; and
(C) in subsection (d)--
(i) by striking paragraph (3); and
(ii) in paragraph (4), by adding at the end
the following: ``The Secretary of Homeland
Security shall detain an alien provided
temporary protected status under this section
if the alien is subject to detention under
section 236(c)(1).''.
(b) Penalties Related to Removal.--Section 243 (8 U.S.C. 1253) is
amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by
inserting ``212(a) or'' after ``section''; and
(B) in the matter following subparagraph (D)--
(i) by striking ``or imprisoned not more
than four years'' and inserting ``and
imprisoned for not more than 5 years''; and
(ii) by striking ``, or both''; and
(2) in subsection (b), by striking ``not more than $1000 or
imprisoned for not more than one year, or both'' and inserting
``under title 18, United States Code, and imprisoned for not
more than 5 years (or for not more than 10 years if the alien
is removable under paragraph (1)(E), (2), or (4) of section
237(a)).''.
(c) Alien Smuggling and Related Offenses.--
(1) In general.--Section 274 (8 U.S.C. 1324) is amended--
(A) by striking the section heading and all that
follows through subsection (a)(1)(B)(iii);
(B) by striking subsection (a)(1)(C) and all that
follows through the end;
(C) by redesignating subsection (a)(1)(B)(iv) as
subparagraph (G) and indenting such subparagraph (G)
four ems from the left margin;
(D) by amending subparagraph (G), as redesignated
by subparagraph (C), by striking ``in the case of a
violation of subparagraph (A) (i), (ii), (iii), (iv),
or (v) resulting'' and inserting ``if the offense
resulted'';
(E) by inserting before subparagraph (G), as
redesignated by subparagraph (C), the following:
``SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.
``(a) Criminal Offenses and Penalties.--
``(1) Prohibited activities.--Except as provided in
paragraph (3), a person shall be punished as provided under
paragraph (2), if the person--
``(A) encourages, directs, or induces a person to
come to or enter the United States, or to cross the
border to the United States, knowing or in reckless
disregard of the fact that such person is an alien who
lacks lawful authority to come to, enter, or cross the
border to the United States;
``(B) encourages, directs, or induces a person to
come to or enter the United States, or to cross the
border to the United States, at a place other than a
designated port of entry or place other than as
designated by the Secretary of Homeland Security,
knowing or in reckless disregard of the fact that such
person is an alien and regardless of whether such alien
has official permission or lawful authority to be in
the United States;
``(C) transports, moves, harbors, conceals, or
shields from detection a person outside of the United
States knowing or in reckless disregard of the fact
that such person is an alien in unlawful transit from 1
country to another or on the high seas, under
circumstances in which the alien is seeking to enter
the United States without official permission or legal
authority;
``(D) encourages or induces a person to reside in
the United States, knowing or in reckless disregard of
the fact that such person is an alien who lacks lawful
authority to reside in the United States;
``(E) transports or moves a person in the United
States, knowing or in reckless disregard of the fact
that such person is an alien who lacks lawful authority
to enter or be in the United States, if the
transportation or movement will further the alien's
illegal entry into or illegal presence in the United
States;
``(F) harbors, conceals, or shields from detection
a person in the United States, knowing or in reckless
disregard of the fact that such person is an alien who
lacks lawful authority to be in the United States; or
``(G) conspires or attempts to commit any of the
acts described in subparagraphs (A) through (F).
``(2) Criminal penalties.--A person who violates any
provision under paragraph (1)--
``(A) except as provided in subparagraphs (C)
through (G), if the offense was not committed for
commercial advantage, profit, or private financial
gain, shall be fined under title 18, United States
Code, imprisoned for not more than 5 years, or both;
``(B) except as provided in subparagraphs (C)
through (G), if the offense was committed for
commercial advantage, profit, or private financial
gain--
``(i) if the violation is the offender's
first violation under this subparagraph, shall
be fined under such title, imprisoned for not
more than 15 years, or both; or
``(ii) if the violation is the offender's
second or subsequent violation of this
subparagraph, shall be fined under such title,
imprisoned for not more than 20 years, or both;
``(C) if the offense furthered or aided the
commission of any other offense against the United
States or any State that is punishable by imprisonment
for more than 1 year, shall be fined under such title,
imprisoned for not more than 20 years, or both;
``(D) shall be fined under such title, imprisoned
not more than 20 years, or both, if the offense created
a substantial and foreseeable risk of death, a
substantial and foreseeable risk of serious bodily
injury (as defined in section 2119(2) of title 18,
United States Code), or inhumane conditions to another
person, including--
``(i) transporting the person in an engine
compartment, storage compartment, or other
confined space;
``(ii) transporting the person at an
excessive speed or in excess of the rated
capacity of the means of transportation; or
``(iii) transporting the person in,
harboring the person in, or otherwise
subjecting the person to crowded or dangerous
conditions;
``(E) if the offense caused serious bodily injury
(as defined in section 2119(2) of title 18, United
States Code) to any person, shall be fined under such
title, imprisoned for not more than 30 years, or both;
``(F) shall be fined under such title and
imprisoned for not more than 30 years if the offense
involved an alien who the offender knew was--
``(i) engaged in terrorist activity (as
defined in section 212(a)(3)(B)); or
``(ii) intending to engage in terrorist
activity; and''
(F) by inserting after subparagraph (G), as
redesignated by subparagraph (C), the following:
``(4) Limitation.--It is not a violation of subparagraph
(D), (E), or (F) of paragraph (1)--
``(A) for a religious denomination having a bona
fide nonprofit, religious organization in the United
States, or the agents or officers of such denomination
or organization, to encourage, invite, call, allow, or
enable an alien who is present in the United States to
perform the vocation of a minister or missionary for
the denomination or organization in the United States
as a volunteer who is not compensated as an employee,
notwithstanding the provision of room, board, travel,
medical assistance, and other basic living expenses,
provided the minister or missionary has been a member
of the denomination for at least 1 year; or
``(B) for an individual or organization acting
without compensation or expectation of compensation and
not previously convicted of a violation of this
section, to--
``(i) provide, or attempt to provide, an
alien who is present in the United States with
humanitarian assistance, including medical
care, housing, counseling, victim services, and
food; or
``(ii) transport the alien to a location
where such assistance can be rendered.
``(5) Extraterritorial jurisdiction.--There is
extraterritorial Federal jurisdiction over the offenses
described in this subsection.''; and
(G) by striking subsections (b) through (e) and
inserting the following:
``(b) Employment of Unauthorized Aliens.--
``(1) Criminal offense and penalties.--Any person who,
during any 12-month period, knowingly employs 10 or more
individuals with actual knowledge or in reckless disregard of
the fact that the individuals are aliens described in paragraph
(2), shall be fined under title 18, United States Code,
imprisoned for not more than 10 years, or both.
``(2) Definition.--An alien described in this paragraph is
an alien who--
``(A) is an unauthorized alien (as defined in
section 274A);
``(B) is present in the United States without
lawful authority; and
``(C) has been brought into the United States in
violation of this subsection.
``(c) Seizure and Forfeiture.--
``(1) In general.--Any conveyance used to commit or
facilitate the commission of a violation of this section, the
gross proceeds of such violation, and any property traceable to
such property or proceeds, shall be subject to forfeiture.
``(2) Applicable procedures.--Seizures and forfeitures
under this subsection shall be governed by the provisions of
chapter 46 of title 18, United States Code, relating to civil
forfeitures, except that such duties as are imposed upon the
Secretary of the Treasury under the customs laws described in
section 981(d) shall be performed by such officers, agents, and
other persons as may be designated for that purpose by the
Secretary of Homeland Security.
``(3) Prima facie evidence in determinations of
violations.--In determining whether a violation of subsection
(a) has occurred, prima facie evidence that an alien involved
in the alleged violation lacks lawful authority to come to,
enter, or reside in the United States, or that such alien had
come to, entered, or resided in the United States in violation
of law shall include--
``(A) any order, finding, or determination
concerning the alien's status or lack of status made by
a Federal judge or administrative adjudicator
(including an immigration judge or immigration officer)
during any judicial or administrative proceeding
authorized under Federal immigration law;
``(B) official records of the Department of
Homeland Security, the Department of Justice, or the
Department of State concerning the alien's status or
lack of status; and
``(C) testimony by an immigration officer having
personal knowledge of the facts concerning the alien's
status or lack of status.
``(d) Authority to Arrest.--No officer or person shall have
authority to make any arrests for a violation of any provision of this
section except--
``(1) officers and employees designated by the Secretary of
Homeland Security, either individually or as a member of a
class; and
``(2) other officers responsible for the enforcement of
Federal criminal laws.
``(e) Admissibility of Videotaped Witness Testimony.--
Notwithstanding any provision of the Federal Rules of Evidence, the
videotaped or otherwise audiovisually preserved deposition of a witness
to a violation of subsection (a) who has been deported or otherwise
expelled from the United States, or is otherwise unavailable to
testify, may be admitted into evidence in an action brought for that
violation if--
``(1) the witness was available for cross examination at
the deposition by the party, if any, opposing admission of the
testimony; and
``(2) the deposition otherwise complies with the Federal
Rules of Evidence.
``(f) Outreach Program.--
``(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, as appropriate, shall--
``(A) develop and implement an outreach program to
educate people in and out of the United States about
the penalties for bringing in and harboring aliens in
violation of this section; and
``(B) establish the American Local and Interior
Enforcement Needs (ALIEN) Task Force to identify and
respond to the use of Federal, State, and local
transportation infrastructure to further the
trafficking of unlawful aliens within the United
States.
``(2) Field offices.--The Secretary of Homeland Security,
after consulting with State and local government officials,
shall establish such field offices as may be necessary to carry
out this subsection.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums are necessary for the
fiscal years 2008 through 2012 to carry out this subsection.''.
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 274 and inserting the
following:
``Sec. 274. Alien smuggling and related offenses.''.
(d) Prohibiting Carrying or Using a Firearm During and in Relation
to an Alien Smuggling Crime.--Section 924(c) of title 18, United States
Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, alien
smuggling crime,'' after ``any crime of violence'';
(B) in subparagraph (A), by inserting ``, alien
smuggling crime,'' after ``such crime of violence'';
(C) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence''; and
(2) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien smuggling
crime' means any felony punishable under section 274(a), 277, or 278 of
the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and
1328).''.
SEC. 235. ILLEGAL ENTRY.
(a) In General.--Section 275 (8 U.S.C. 1325) is amended to read as
follows:
``SEC. 275. ILLEGAL ENTRY.
``(a) In General.--
``(1) Criminal offenses.--An alien shall be subject to the
penalties set forth in paragraph (2) if the alien--
``(A) knowingly enters or crosses the border into
the United States at any time or place other than as
designated by the Secretary of Homeland Security;
``(B) knowingly eludes examination or inspection by
an immigration officer (including failing to stop at
the command of such officer), or a customs or
agriculture inspection at a port of entry; or
``(C) knowingly enters or crosses the border to the
United States by means of a willfully false or
misleading representation or the knowing concealment of
a material fact (including such representation or
concealment in the context of arrival, reporting,
entry, or clearance requirements of the customs laws,
immigration laws, agriculture laws, or shipping laws).
``(2) Criminal penalties.--Any alien who violates any
provision under paragraph (1)--
``(A) shall, for the first violation, be fined
under title 18, United States Code, imprisoned not more
than 6 months, or both;
``(B) shall, for a second or subsequent violation,
or following an order of voluntary departure, be fined
under such title, imprisoned not more than 2 years, or
both;
``(C) if the violation occurred after the alien had
been convicted of 3 or more misdemeanors or for a
felony, shall be fined under such title, imprisoned not
more than 5 years, or both;
``(D) if the violation occurred after the alien had
been convicted of a felony for which the alien received
a term of imprisonment of not less than 30 months,
shall be fined under such title, imprisoned not more
than 10 years, or both; and
``(E) if the violation occurred after the alien had
been convicted of a felony for which the alien received
a term of imprisonment of not less than 60 months, such
alien shall be fined under such title, imprisoned not
more than 15 years, or both.
``(3) Prior convictions.--The prior convictions described
in subparagraphs (C) through (E) of paragraph (2) are elements
of the offenses described in that paragraph and the penalties
in such subparagraphs shall apply only in cases in which the
conviction or convictions that form the basis for the
additional penalty are--
``(A) alleged in the indictment or information; and
``(B) proven beyond a reasonable doubt at trial or
admitted by the defendant.
``(4) Attempt.--Whoever attempts to commit any offense
under this section shall be punished in the same manner as for
a completion of such offense.
``(b) Improper Time or Place; Civil Penalties.--Any alien who is
apprehended while entering, attempting to enter, or knowingly crossing
or attempting to cross the border to the United States at a time or
place other than as designated by immigration officers shall be subject
to a civil penalty, in addition to any criminal or other civil
penalties that may be imposed under any other provision of law, in an
amount equal to--
``(1) not less than $50 or more than $250 for each such
entry, crossing, attempted entry, or attempted crossing; or
``(2) twice the amount specified in paragraph (1) if the
alien had previously been subject to a civil penalty under this
subsection.''.
(b) Clerical Amendment.--The table of contents is amended by
striking the item relating to section 275 and inserting the following:
``Sec. 275. Illegal entry.''.
SEC. 236. ILLEGAL REENTRY.
Section 276 (8 U.S.C. 1326) is amended to read as follows:
``SEC. 276. REENTRY OF REMOVED ALIENS.
``(a) Reentry After Removal.--Any alien who has been denied
admission, excluded, deported, or removed, or who has departed the
United States while an order of exclusion, deportation, or removal is
outstanding, and subsequently enters, attempts to enter, crosses the
border to, attempts to cross the border to, or is at any time found in
the United States, shall be fined under title 18, United States Code,
imprisoned not more than 2 years, or both.
``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty
provided in subsection (a), if an alien described in that subsection--
``(1) was convicted for 3 or more misdemeanors or a felony
before such removal or departure, the alien shall be fined
under title 18, United States Code, imprisoned not more than 10
years, or both;
``(2) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 30 months, the alien shall be
fined under such title, imprisoned not more than 15 years, or
both;
``(3) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 60 months, the alien shall be
fined under such title, imprisoned not more than 20 years, or
both;
``(4) was convicted for 3 felonies before such removal or
departure, the alien shall be fined under such title,
imprisoned not more than 20 years, or both; or
``(5) was convicted, before such removal or departure, for
murder, rape, kidnaping, or a felony offense described in
chapter 77 (relating to peonage and slavery) or 113B (relating
to terrorism) of such title, the alien shall be fined under
such title, imprisoned not more than 20 years, or both.
``(c) Reentry After Repeated Removal.--Any alien who has been
denied admission, excluded, deported, or removed 3 or more times and
thereafter enters, attempts to enter, crosses the border to, attempts
to cross the border to, or is at any time found in the United States,
shall be fined under title 18, United States Code, imprisoned not more
than 10 years, or both.
``(d) Proof of Prior Convictions.--The prior convictions described
in subsection (b) are elements of the crimes described in that
subsection, and the penalties in that subsection shall apply only in
cases in which the conviction or convictions that form the basis for
the additional penalty are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(e) Affirmative Defenses.--It shall be an affirmative defense to
a violation of this section that--
``(1) prior to the alleged violation, the alien had sought
and received the express consent of the Secretary of Homeland
Security to reapply for admission into the United States;
``(2) with respect to an alien previously denied admission
and removed, the alien--
``(A) was not required to obtain such advance
consent under this Act or any prior Act; and
``(B) had complied with all other laws and
regulations governing the alien's admission into the
United States;
``(3) the prior order of removal was based on charges filed
against the alien before the alien reached 18 years of age; or
``(4) the alien has been found eligible for protection from
removal pursuant to section 208.
``(f) Limitation on Collateral Attack on Underlying Removal
Order.--In a criminal proceeding under this section, an alien may not
challenge the validity of any prior removal order concerning the alien
unless the alien demonstrates by clear and convincing evidence that--
``(1) the alien exhausted all administrative remedies that
may have been available to seek relief against the order;
``(2) the removal proceedings at which the order was issued
improperly deprived the alien of the opportunity for judicial
review; and
``(3) the entry of the order was fundamentally unfair.
``(g) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in, the United States shall be
incarcerated for the remainder of the sentence of imprisonment which
was pending at the time of deportation without any reduction for parole
or supervised release unless the alien affirmatively demonstrates that
the Secretary of Homeland Security has expressly consented to the
alien's reentry. Such alien shall be subject to such other penalties
relating to the reentry of removed aliens as may be available under
this section or any other provision of law.
``(h) Limitation.--It is not aiding and abetting a violation of
this section for an individual, acting without compensation or the
expectation of compensation, to--
``(1) provide, or attempt to provide, an alien with
humanitarian assistance, including emergency medical care,
food; or
``(2) transport the alien to a location where such
assistance can be rendered.''.
TITLE III--EMPLOYMENT VERIFICATION
SEC. 301. EMPLOYMENT VERIFICATION.
(a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read
as follows:
``SEC. 274A. EMPLOYMENT VERIFICATION.
``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire, recruit, or refer for a fee an alien
for employment in the United States knowing or with
reckless disregard that the alien is an unauthorized
alien with respect to such employment; or
``(B) to hire in the United States an individual
unless such employer meets the requirements of
subsections (b) and (c).
``(2) Continuing employment.--It is unlawful for an
employer, after lawfully hiring an alien for employment, to
continue to employ the alien in the United States knowing that
the alien is (or has become) an unauthorized alien with respect
to such employment.
``(3) Use of labor through contract.--An employer who uses
a contract, subcontract, or exchange entered into,
renegotiated, or extended after the date of the enactment of
the STRIVE Act of 2007, to obtain the labor of an alien in the
United States knowing or with reckless disregard that the alien
is an unauthorized alien with respect to performing such labor,
shall be considered to have hired the alien for employment in
the United States in violation of paragraph (1)(A).
``(4) Order of internal review and certification of
compliance.--
``(A) Authority to require certification.--If the
Secretary has reasonable cause to believe that an
employer has failed to comply with this section, the
Secretary is authorized, at any time, to require that
the employer certify that the employer is in compliance
with this section or has instituted a program to come
into compliance with the section.
``(B) Content of certification.--Not later than 60
days after the date an employer receives a request for
a certification under subparagraph (A) the employer
shall certify under penalty of perjury that--
``(i) the employer is in compliance with
the requirements of subsections (b) and (c); or
``(ii) that the employer has instituted a
program to come into compliance with such
requirements.
``(C) Extension.--The 60-day period referred to in
subparagraph (B), may be extended by the Secretary for
good cause, at the request of the employer.
``(D) Publication.--The Secretary is authorized to
publish in the Federal Register standards or methods
for certification under subparagraph (A) and for
specific recordkeeping practices with respect to such
certification, and procedures for the audit of any
records related to such certification.
``(5) Defense.--
``(A) In general.--Subject to subparagraph (B), an
employer that establishes that the employer has
complied in good faith, notwithstanding a technical or
procedural failure, with the requirements of
subsections (b) and (c) with respect to the hiring of
an individual has established an affirmative defense
that the employer has not violated paragraph (1)(B)
with respect to such hiring.
``(B) Exception.--Until the date that an employer
is required to participate in the Electronic Employment
Verification System under subsection (c), the employer
may establish an affirmative defense under subparagraph
(A) without a showing of compliance with subsection
(c).
``(6) No authorization of national identification cards.--
Nothing in this title may be construed to authorize, directly
or indirectly, the issuance, use, or establishment of a
national identification card or a national identification
system.
``(b) Document Verification Requirements.--An employer hiring an
individual for employment in the United States shall verify that the
individual is eligible for such employment by meeting the following
requirements:
``(1) Attestation by employer.--
``(A) Requirements.--
``(i) In general.--The employer shall
attest, under penalty of perjury and on a form
prescribed by the Secretary, that the employer
has verified the identity and eligibility for
employment of the individual by examining a
document described in subparagraph (B).
``(ii) Signature requirements.--An
attestation required by clause (i) may be
manifested by a handwritten or electronic
signature.
``(iii) Standards for examination.--An
employer has complied with the requirement of
this paragraph with respect to examination of a
document if the document examined reasonably
appears on its face to be genuine and relates
to the individual whose identity and
eligibility for employment in the United States
is being verified. Nothing in this paragraph
may be construed as requiring the employer to
solicit the production of any other document or
as requiring the individual to produce such
other document.
``(B) Employment and identification documents.--A
document described in this subparagraph is--
``(i) in the case of an individual who is a
national of the United States--
``(I) a United States passport;
``(II) a biometric, machine
readable, tamper-resistant Social
Security card, as described in section
205(c)(2)(G) of the Social Security Act
(42 U.S.C. 405(c)(2)(G)); or
``(III) a driver's license or
identity card issued by a State, the
Commonwealth of the Northern Mariana
Islands, or an outlying possession of
the United States that satisfies the
requirements of Division B of Public
Law 109-13 (119 Stat. 302);
``(ii) in the case of an alien who is
lawfully admitted for permanent residence in
the United States--
``(I) a permanent resident card, as
specified by the Secretary; or
``(II) a biometric, machine
readable, tamper-resistant Social
Security card, as described in section
205(c)(2)(G) of the Social Security Act
(42 U.S.C. 405(c)(2)(G));
``(iii) in the case of an alien who is not
lawfully admitted for permanent residence and
who is authorized under this Act or by the
Secretary to be employed in the United States--
``(I) an employment authorization
card, as specified by the Secretary,
that--
``(aa) contains a photograph of the individual or other identifying
information, including name, date of birth, gender, and address;
and
``(bb) contains security features to make the document resistant to
tampering, counterfeiting, and fraudulent use; or
``(II) a biometric, machine
readable, tamper-resistant Social
Security card, as described in section
205(c)(2)(G) of the Social Security Act
(42 U.S.C. 405(c)(2)(G));
``(iv) in the case of an individual who is
unable to obtain a document described in clause
(i), (ii), or (iii), a document designated by
the Secretary that--
``(I) contains a photograph of the
individual or other identifying
information, including name, date of
birth, gender, and address; and
``(II) contains security features
to make the document resistant to
tampering, counterfeiting, and
fraudulent use; or
``(v) until the date that an employer is
required to participate in the Electronic
Employment Verification System under subsection
(c) or is participating in such System on a
voluntary basis, a document, or a combination
of documents, of such type that, as of the date
of the enactment of the STRIVE Act of 2007, the
Secretary had established by regulation were
sufficient for purposes of this section.
``(C) Special rule for minors.--Notwithstanding
subparagraph (B), a minor who is under the age of 18
and who is unable to produce an identity document
described in clause (i) through (v) of subparagraph (B)
is exempt from producing such a document if--
``(i) a parent or legal guardian of the
minor completes a form prescribed by the
Secretary, and in the space for the minor's
signature, the parent or legal guardian writes
the words, `minor under age 18';
``(ii) a parent or legal guardian of the
minor completes a form prescribed by the
Secretary, the `Preparer/Translator
certification'; and
``(iii) the employer of the minor writes in
a form prescribed by the Secretary, in the
space after the words `Document Identification
#' the words, `minor under age 18'.
``(D) Special rule for individuals with
disabilities.--Notwithstanding subparagraph (B), an
individual with a disability (as defined in section 3
of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)) who is unable to produce an identity
document described in clause (i) through (v) of
subparagraph (B), and who is being placed into
employment by a nonprofit organization or association
or as part of a rehabilitation program, and an
individual who demonstrates mental retardation whether
or not the individual participates in an employment
placement program through a nonprofit organization or
association or as part of a rehabilitation program, is
exempt from producing such a document if--
``(i) a parent or legal guardian of the
individual, or a representative from the
nonprofit organization, association, or
rehabilitation program placing the individual
into a position of employment completes a form
prescribed by the Secretary, and in the space
for the covered individual's signature, writes
the words, `special placement';
``(ii) a parent or legal guardian of the
individual or the program representative,
completes a form prescribed by the Secretary,
the `Preparer/Translator certification'; and
``(iii) the employer of the covered
individual writes in a form prescribed by the
Secretary, in the space after the words
`Document Identification #' the words, `special
placement'.
``(E) Authority to prohibit use of certain
documents.--
``(i) Authority.--If the Secretary finds
that a document or class of documents described
in clause (i) through (v) of subparagraph (B)
is not reliable to establish identity or
eligibility for employment (as the case may be)
or is being used fraudulently to an
unacceptable degree, the Secretary is
authorized to prohibit, or impose conditions
on, the use of such document or class of
documents for purposes of this subsection.
``(ii) Requirement for publication.--The
Secretary shall publish notice of any findings
under clause (i) in the Federal Register.
``(2) Attestation of individual.--
``(A) In general.--The individual shall attest,
under penalty of perjury on a form prescribed by the
Secretary, that the individual is--
``(i) a national of the United States;
``(ii) an alien lawfully admitted for
permanent residence; or
``(iii) an alien who is authorized under
this Act or by the Secretary to be employed in
the United States.
``(B) Signature for examination.--An attestation
required by subparagraph (A) may be manifested by a
handwritten or electronic signature.
``(C) Penalties.--An individual who falsely
represents that the individual is eligible for
employment in the United States in an attestation
required by subparagraph (A) shall, for each such
violation, be subject to a fine of not more than
$5,000, a term of imprisonment not to exceed 3 years,
or both.
``(3) Retention of attestation.--The employer shall retain
an attestation described in paragraph (1) or (2) for an
individual, either in electronic, paper, microfiche, or
microfilm form, and make such attestations available for
inspection by an officer of the Department of Homeland
Security, any other person designated by the Secretary, the
Special Counsel for Immigration-Related Unfair Employment
Practices of the Department of Justice, or the Secretary of
Labor--
``(A) during a period beginning on the date of the
hiring of the individual and ending on the date that is
the later of--
``(i) 3 years after the date of such
hiring; or
``(ii) 1 year after the date the
individual's employment is terminated; or
``(B) during a shorter period determined by the
Secretary, if the Secretary reduces the period
described in subparagraph (A) for the employer or a
class of employers that includes the employer.
``(4) Document retention and recordkeeping requirements.--
``(A) Retention of documents.--Notwithstanding any
other provision of law, an employer shall retain, for
the applicable period described in paragraph (3), the
following documents:
``(i) In general.--A paper, microfiche,
microfilm, or electronic copy of each document
described in paragraph (1)(B) presented by an
individual that is designated as a copied
document.
``(ii) Other documents.--A record of any
action taken, and copies of any correspondence
written or received, with respect to the
verification of an individual's identity or
eligibility for employment in the United
States, including records received through the
Electronic Employment Verification System under
subsection (c).
``(B) Use of retained documents.--An employer shall
use copies retained under clause (i) or (ii) of
subparagraph (A) only for the purposes of complying
with the requirements of this subsection, except as
otherwise permitted under law.
``(5) Penalties.--An employer that fails to comply with the
requirement of this subsection shall be subject to the
penalties described in subsection (d)(4)(B).
``(c) Electronic Employment Verification System.--
``(1) Requirement for system.--The Secretary, in
cooperation with the Commissioner of Social Security, shall
implement an Electronic Employment Verification System
(referred to in this subsection as the `System') as described
in this subsection.
``(2) Technology standard to verify employment
eligibility.--
``(A) In general.--The Secretary based upon
recommendations from the Director of the National
Institute of Standards and Technology, shall not later
than 180 days after the date of the enactment of the
STRIVE Act of 2007 develop and certify a technology
standard as described in this subparagraph. The
Secretary shall have discretion to extend the 180-day
period if the Secretary determines that such extension
will result in substantial improvement of the System.
``(B) Integrated.--Notwithstanding any other
provision of Federal law, the technology standard
developed shall be the technological basis for a cross-
agency, cross-platform electronic system that is a
cost-effective, efficient, fully integrated means to
share immigration and Social Security information
necessary to confirm the employment eligibility of all
individuals seeking employment.
``(C) Report.--Not later than 18 months after the
date of the enactment of the STRIVE Act of 2007, the
Secretary and the Director of the National Institute of
Standards and Technology shall jointly submit to
Congress a report describing the development,
implementation, efficacy, and privacy implications of
the technology standard and the System.
``(3) Identity and employment eligibility verification.--An
employer shall verify the identity and eligibility for
employment of an individual hired by the employer through the
System as follows:
``(A) Initial inquiry.--The employer shall submit
an inquiry through the System to seek confirmation of
the individual's identity and eligibility for
employment in the United States not later than 5
working days after the date such employment actually
commences.
``(B) Initial determination.--The Secretary,
through the System, shall respond to an inquiry
described in subparagraph (A) not later than 1 working
day after such inquiry is submitted. Such response
shall be a determination that--
``(i) confirms the individual's identity
and eligibility for employment in the United
States; or
``(ii) the System is tentatively unable to
confirm the individual's identity or
eligibility for employment (referred to in this
section as a `tentative nonconfirmation').
``(C) Manual verification.--
``(i) Requirement.--If the System provides
a tentative nonconfirmation with respect to an
individual, the Secretary shall--
``(I) provide the individual an
opportunity to submit information to
verify the individual's identity and
eligibility for employment as described
in subparagraph (D); and
``(II) conduct a manual
verification to determine the
individual's identity and eligibility
for employment.
``(ii) Determination.--Not later than 30
days after the last day that an individual may
submit information under subparagraph (D) the
Secretary, through the System, shall provide to
the employer the results of the manual
verification required by clause (i). Such
results shall be a determination that--
``(I) confirms the individual's
identity and eligibility for employment
in the United States; or
``(II) the System is unable to
confirm the individual's identity or
eligibility for employment (referred to
in this section as a `final
nonconfirmation').
``(D) Submission of information.--An individual who
is the subject of a tentative nonconfirmation may
submit to the Secretary, through the System,
information to confirm such individual's identity or
eligibility for employment or to otherwise contest such
tentative nonconfirmation not later that 15 days after
the individual receives notice of such tentative
nonconfirmation.
``(E) Extension.--The 15-day period referred to in
subparagraph (D) may be extended by the Secretary for
good cause at the request of the individual.
``(F) Default confirmation and revocation.--If the
Secretary, through the System, fails to provide a
determination described in clause (i) or (ii) of
subparagraph (B) or subclause (I) or (II) of
subparagraph (C)(ii) for an individual within the
period described in such subparagraph, the Secretary
shall, through the System, deem that the individual's
identity and eligibility for employment are confirmed
through the System and provide notice of such
confirmation to the employer.
``(G) Revocation.--In the case of a default
confirmation in subclause (F), the Secretary reserves
the right to revoke such default confirmation if the
Secretary later determines the individual is, in fact,
not eligible to work. The Secretary shall provide
notice of such revocation and final nonconfirmation to
the employer. The individual shall have the right to
administrative review under paragraph (19) and judicial
review under paragraph (20) of such final
nonconfirmation.
``(H) Prohibitiion on termination for tentative
nonconfirmation.--An employer may not terminate the
employment of an individual based on tentative
nonconfirmation.
``(I) Termination of employee.--If an employer
receives a final nonconfirmation with respect to an
individual, the employer shall terminate the employment
of such individual.
``(J) Administrative and judicial review.--If the
Secretary, through the System, provides a final
nonconfirmation with respect to an individual, the
individual shall have the right to administrative
review under paragraph (19) and judicial review under
paragraph (20) of such final nonconfirmation.
``(K) Right to review and correct system
information.--The Secretary, in consultation with the
Commissioner of Social Security, shall establish
procedures to permit an individual to verify the
individual's eligibility for employment in the United
States prior to obtaining or changing employment, to
view the individual's own records in the System in
order to ensure the accuracy of such records, and to
correct or update the information used by the System
regarding the individual.
``(L) Reverification.--
``(i) In general.--It is an unfair
immigration-related employment practice under
section 274B for an employer to reverify an
individual's identity and employment
eligibility unless--
``(I) the individual's work
authorization expires as described in
section 274a.2(b)(1)(vii) of title 8,
Code of Federal Regulation or a
subsequent similar regulation, in which
case--
``(aa) not later than 30 days prior to the expiration of the
individual's work authorization, the Secretary shall notify the
employer of such expiration and of the employer's need to reverify
the individual's employment eligibility; and
``(bb) the individual may present, and the employer shall accept, a
receipt for the application for a replacement document, extension
of work authorization, or a document described in clause (i)
through (v) of subparagraph (B) of subsection (b)(1) in lieu of the
required document by the expiration date in order to comply with
any requirement to examine documentation imposed by this section,
and the individual shall present the required document within 90
days from the date the employment authorization expires. If the
actual document or replacement document is to be issued by United
States Citizenship and Immigration Services and the application is
still under review 60 days after the employment authorization
expiration date, United States Citizenship and Immigration Services
shall by the 60th day after the expiration date of the employment
authorization, issue a letter for the applicant to take to the
employer which shall automatically grant the individual an
additional 90 days to present the document or replacement document;
and
``(II) the employer has actual or
constructive knowledge that the
individual is not authorized to work in
the United States; or
``(III) unless otherwise required
by law.
``(ii) Continuing employment.--An employer
may not verify an individual's employment
eligibility if the individual is continuing in
his or her employment as described in section
274a.2(b)(1)(viii) of title 8, Code of Federal
Regulation or any subsequent similar
regulation.
``(iii) Special rule for critical
infrastructure.--Upon the implementation of the
System, the Secretary shall require all
agencies and departments of the United States
(including the Armed Forces), a State
government (including a State employment agency
before making a referral), or any other
employer if it employs individuals working in a
location that is a Federal, State, or local
government building, a military base, a nuclear
energy site, a weapon site, or an airport, to
complete a one time reverification of all
individuals current employed at these
facilities.
``(4) Design and operation of system.--The Secretary, in
consultation with the Commissioner of Social Security, shall
design and operate the System--
``(A) to maximize reliability and ease of use by
employers in a manner that protects and maintains the
privacy and security of the information maintained in
the System;
``(B) to permit an employer to submit an inquiry to
the System through the Internet or other electronic
media or over a telephone line;
``(C) to respond to each inquiry made by an
employer;
``(D) to maintain a record of each such inquiry and
each such response;
``(E) to track and record any occurrence when the
System is unable to receive such an inquiry;
``(F) to include appropriate administrative,
technical, and physical safeguards to prevent
unauthorized disclosure of personal information during
use, transmission, storage, or disposal of that
information, including the use of encryption, carrying
out periodic testing of the System to detect, prevent,
and respond to vulnerabilities or other failures, and
utilizing periodic security updates;
``(G) to allow for monitoring of the use of the
System and provide an audit capability;
``(H) to have reasonable safeguards, developed in
consultation with the Attorney General, to prevent
employers from engaging in unlawful discriminatory
practices;
``(I) to permit an employer to submit the
attestations required by subsection (b); and
``(J) to permit an employer to utilize any
technology that is consistent with this section and
with any regulation or guidance from the Secretary to
streamline the procedures to comply with the
attestation and employment eligibility verification
requirements contained in this section.
``(5) Limitation on data elements stored.--The System and
any databases created by the Commissioner of Social Security or
the Secretary for use in the System shall store only the
minimum data about each individual for whom an inquiry was made
through the System to facilitate the successful operation of
the System, and in no case shall the data stored be other
than--
``(A) the individual's full legal name;
``(B) the individual's date of birth;
``(C) the individual's social security account
number or employment authorization status
identification number;
``(D) the address of the employer making the
inquiry and the dates of any prior inquiries concerning
the identity and authorization of the individual by the
employer or any other employer and the address of such
employer;
``(E) a record of each prior determination
regarding the individual's identity and employment
eligibility issued through the System; and
``(F) in the case of the individual who
successfully contested or appealed a tentative
nonconfirmation or final nonconfirmation, explanatory
information concerning the successful resolution of any
erroneous data or confusion regarding the identity or
eligibility for employment of the individual, including
the source of that error.
``(6) Responsibilities of the commissioner of social
security.--The Commissioner of Social Security shall establish
a reliable, secure method to provide through the System, within
the time periods required by subparagraphs (B) and (C) of
paragraph (2)--
``(A) a determination of whether the name and
social security account number provided, with respect
to an individual, in an inquiry by an employer, match
such information maintained by the Commissioner in
order to confirm the validity of the information
provided;
``(B) a determination of whether such social
security account number was issued to the individual;
``(C) a determination of whether such social
security account number is valid for employment in the
United States; and
``(D) a determination described in subparagraph (B)
or (C) of paragraph (2), in a manner that ensures that
other information maintained by the Commissioner is not
disclosed or released to employers through the System.
``(7) Responsibilities of the secretary.--The Secretary
shall establish a reliable, secure method to provide, through
the System, within the time periods required by subparagraphs
(B) and (C) of paragraph (2)--
``(A) a determination of whether the name and alien
identification or authorization number provided, with
respect to an individual, in an inquiry by an employer
match such information maintained by the Secretary in
order to confirm the validity of the information
provided;
``(B) a determination of whether such number was
issued to the individual;
``(C) a determination of whether the individual is
authorized to be employed in the United States; and
``(D) any other related information that the
Secretary determines is appropriate.
``(8) Privacy impact assessment.--The Commissioner of
Social Security and the Secretary shall each complete a privacy
impact assessment as described in section 208 of the E-
Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501
note) with regard to the System.
``(9) Training.--The Commissioner of Social Security and
the Secretary shall provide appropriate training materials to
employers participating in the System to ensure that such
employers are able to utilize the System in compliance with the
requirements of this section.
``(10) Hotline.--The Secretary shall establish a fully
staffed 24-hour hotline that shall receive inquiries from
individuals or employers concerning determinations made by the
System and shall identify for an individual, at the time of
inquiry, the particular data that resulted in a determination
that the System was unable to verify the individual's identity
or eligibility for employment.
``(11) Participation.--
``(A) Requirements for participation.--Except as
provided in subparagraphs (D) and (E), the Secretary
shall require employers to participate in the System as
follows:
``(i) Critical employers.--Not later than 1
year after the date of enactment of the STRIVE
Act of 2007, the Secretary shall require all
agencies and departments of the United States
(including the Armed Forces), a State
government (including a State employment agency
before making a referral), or any other
employer if it employs individuals working in a
location that is a Federal, State, or local
government building, a military base, a nuclear
energy site, a weapon site, or an airport, but
only to the extent of such individuals, to
participate in the System, with respect to all
individuals hired after the date the Secretary
requires such participation.
``(ii) Large employers.--Not later than 2
years after the date of enactment of the STRIVE
Act of 2007 the Secretary shall require an
employer with 5,000 or more employees in the
United States to participate in the System,
with respect to all employees hired by the
employer after the date the Secretary requires
such participation.
``(iii) Mid-sized employers.--Not later
than 3 years after the date of enactment of the
STRIVE Act of 2007 the Secretary shall require
an employer with less than 5,000 employees and
1,000 or more employees in the United States to
participate in the System, with respect to all
employees hired by the employer after the date
the Secretary requires such participation.
``(iv) Small employers.--Not later than 4
years after the date of the enactment of the
STRIVE Act of 2007, the Secretary shall require
all employers with less than 1,000 employees in
the United States to participate in the System,
with respect to all employees hired by the
employer after the date the Secretary requires
such participation.
``(B) Requirement to publish.--The Secretary shall
publish in the Federal Register the requirements for
participation in the System for employers described in
clauses (i) through (iv) of subparagraph (A) prior to
the effective date of such requirements.
``(C) Other participation in system.--
``(i) Voluntary participation.--
Notwithstanding subparagraph (A), the Secretary
has the authority to permit any employer that
is not required to participate in the System
under subparagraph (A) to participate in the
System on a voluntary basis.
``(ii) Employers not required to
participate.--Notwithstanding subparagraph (A)
employers are not required to verify the
identify or employment eligibility through the
System for--
``(I) an individual performing
casual employment for the employer and
who provides domestic service in a
private home that is sporadic,
irregular, or intermittent;
``(II) a worker provided to the
employer by a person providing contract
services, such as a temporary agency;
or
``(III) an independent contractor,
performing services for the employer.
``(iii) Relationship to other
requirements.--Nothing in clause (ii) may be
construed to effect the requirements for the
contracting party who employs a worker referred
to in subclause (II) of such clause or an
employer of an independent contractor referred
to in subclause (III) of such clause to
participate in the System with respect to such
worker or independent contractor under this
subsection.
``(D) Waiver.--
``(i) Authority to provide a waiver.--The
Secretary is authorized to waive or delay the
participation requirements of subparagraph (A)
with respect to any employer or class of
employers if the Secretary provides notice to
Congress of such waiver prior to the date such
waiver is granted.
``(ii) Requirement to provide a waiver.--
The Secretary shall waive or delay the
participation requirements of subparagraph (A)
with respect to any employer or class of
employers until the date that the Comptroller
General of the United States submits the
initial certification described in paragraph
(17)(E) and shall waive or delay such
participation during a year if the Comptroller
General fails to submit a certification of
paragraph (17)(E) for such year.
``(E) Consequence of failure to participate.--If an
employer is required to participate in the System and
fails to comply with the requirements of the System
with respect to an individual--
``(i) such failure shall be treated as a
violation of subsection (a)(1)(B); and
``(ii) a rebuttable presumption is created
that the employer has violated subsection
(a)(1)(A), however, such presumption may not
apply to a prosecution under subsection (e)(1).
``(12) Employer requirements.--
``(A) In general.--An employer that participates in
the System, with respect to the hiring of an individual
for employment in the United States, shall--
``(i) notify the individual of the use of
the System and that the System may be used for
immigration enforcement purposes;
``(ii) obtain from the individual the
documents required by subsection (b)(1) and
record on the form designated by the
Secretary--
``(I) the individual's social
security account number; and
``(II) in the case of an individual
who does not attest that the individual
is a national of the United States
under subsection (b)(2), such
identification or authorization number
that the Secretary shall require;
``(iii) retain such form in electronic,
paper, microfilm, or microfiche form and make
such form available for inspection for the
periods and in the manner described in
subsection (b)(3); and
``(iv) safeguard any information collected
for purposes of the System and protect any
means of access to such information to ensure
that such information is not used for any
purpose other than to determine the identity
and employment eligibility of the individual
and to protect the confidentiality of such
information, including ensuring that such
information is not provided to any person other
than a person that carries out the employer's
responsibilities under this subsection.
``(B) Schedule.--
``(i) Replacement documents.--An employer
shall accept a receipt for the application for
a replacement document or a document described
in subparagraph (B) of subsection (b)(1) in
lieu of the required document in order to
comply with any requirement to examine
documentation imposed by this section, in the
following circumstances:
``(I) The individual is unable to
provide the required document within
the time specified in this section
because the document was lost, stolen,
or damaged.
``(II) The individual presents a
receipt for the application for the
document within the time specified in
this section.
``(III) The individual presents the
document within 90 days of the hire. If
the actual document or replacement
document is to be issued by the United
States Citizenship and Immigration
Services and the application is still
under review 60 days after receipt of
the application, United States
Citizenship and Immigration Services
shall, not later than the 60th day
after receipt of the application, issue
a letter for the applicant to take to
the employer which shall automatically
grant the individual an additional 90
days from the original deadline in
subsection (b)(6)(A)(i)(II) to present
the document or replacement document;
and
``(ii) Prohibition on acceptance of a
receipt for short-term employment.--An employer
may not accept a receipt in lieu of the
required document if the individual is hired
for a duration of less than 10 working days.
``(C) Confirmation or nonconfirmation.--
``(i) Retention.--If an employer receives a
determination through the System under
paragraph (3) for an individual, the employer
shall retain either an electronic, paper, or
microfiche form record of such confirmation for
the period required by subsection (b)(4)(A).
``(ii) Nonconfirmation and verification.--
``(I) Nonconfirmation.--If an
employer receives a tentative
nonconfirmation with respect to an
individual, the employer shall retain
either an electronic or paper record of
such nonconfirmation for the period
required by subsection (b)(4)(A) and
inform such individual not later than
10 working days after the issuance of
such notice in the manner prescribed by
the Secretary that includes information
regarding the individual's right to
submit information to contest the
tentative nonconfirmation under
paragraph (2)(D) and the address and
telephone numbers established by the
Commissioner and the Secretary to
obtain information on how to submit
such information.
``(II) No contest.--If the
individual does not contest the
tentative nonconfirmation notice within
15 working days of receiving notice
from the individual's employer, the
notice shall become final and the
employer shall retain either an
electronic or paper record of such
final nonconfirmation for the period
required by subsection (b)(4)(A). An
individual's failure to contest a
tentative nonconfirmation may not be
the basis for determining that the
employer acted in a knowing (as defined
in section 274a.1 of title 8, Code of
Federal Regulations, or any
corresponding similar regulation)
manner.
``(III) Contest.--If the individual
contests the tentative nonconfirmation
notice under subclause (I), the
individual shall submit appropriate
information to contest such notice to
the System within 15 working days of
receiving notice from the individual's
employer and shall utilize the
verification process developed under
paragraph (2)(C)(ii). Such individual
shall acknowledge receipt of such
notice in writing.
``(IV) Effective period of
tentative nonconfirmation.--A tentative
nonconfirmation notice shall remain in
effect until such notice becomes final
under clause (II) or a final
confirmation notice or final
nonconfirmation notice is issued by the
System.
``(V) Prohibition.--An employer may
not terminate the employment of an
individual based on a tentative
nonconfirmation notice until such
notice becomes final under clause (II)
or a final nonconfirmation notice is
issued for the individual by the
System. Nothing in this clause shall
apply to termination of employment for
any reason other than because of such a
tentative nonconfirmation.
``(VI) Recording of conclusion on
form.--If a final confirmation or
nonconfirmation is provided by the
System regarding an individual, the
employer shall record on the form
designated by the Secretary the
appropriate code that is provided under
the System to indicate a confirmation
or nonconfirmation of the identity and
employment eligibility of the
individual.
``(D) Consequences of nonconfirmation.--If an
employer has received a final nonconfirmation with
respect to an individual, the employer shall terminate
the employment of the individual. If the employer
continues to employ the individual after receiving
final nonconfirmation, a rebuttable presumption is
created that the employer has violated paragraphs
(1)(A) and (2) of subsection (a). Such presumption may
not apply to a prosecution under subsection (e)(1).
``(13) Prohibition of unlawful accessing and obtaining of
information.--
``(A) In general.--It shall be unlawful for any
individual other than an employee of the Social
Security Administration or the Department of Homeland
Security specifically charged with maintaining the
System to intentionally and knowingly--
``(i) access the System or the databases
utilized to verify identity or employment
eligibility for the System for any purpose
other than verifying identity or employment
eligibility or modifying the System pursuant to
law or regulation; or
``(ii) obtain the information concerning an
individual stored in the System or the
databases utilized to verify identity or
employment eligibility for the System for any
purpose other than verifying identity or
employment authorization or modifying the
System pursuant to law or regulation.
``(B) Penalties.--
``(i) Unlawful access.--Any individual who
unlawfully accesses the System or the databases
as described in subparagraph (A)(i) shall be
fined no more than $1,000 per individual or
sentenced to no more than 6 months imprisonment
or both per individual whose file was
compromised.
``(ii) Unlawful use.--Any individual who
unlawfully obtains information stored in the
System in the database utilized to verify
identity or employment eligibility for the
System and uses the information to commit
identity theft for financial gain or to evade
security or to assist another in gaining
financially or evading security, shall be fined
no more than $10,000 per individual or
sentenced to no more than 1 year of
imprisonment or both per individual whose
information was obtained and misappropriated.
``(14) Protection from liability.--No employer that
participates in the System and complies in good faith with the
attestation in subsection (b)(1) shall be liable under any law
for any employment-related action taken with respect to an
individual in good faith reliance on information provided by
the System regarding that individual.
``(15) Limitation on use of the system.--Notwithstanding
any other provision of law, nothing in this subsection shall be
construed to permit or allow any department, bureau, or other
agency of the United States to utilize any information,
database, or other records used in the System for any purpose
other than as provided for under this subsection.
``(16) Access to database.--No officer or employee of any
agency or department of the United States, other than such an
officer or employee who is responsible for the verification of
employment eligibility or for the evaluation of an employment
eligibility verification program at the Social Security
Administration, the Department of Homeland Security, and the
Department of Labor, may have access to any information,
database, or other records utilized by the System.
``(17) Modification authority.--The Secretary, after notice
is submitted to Congress and provided to the public in the
Federal Register, is authorized to modify the requirements of
this subsection, including requirements with respect to
completion of forms, method of storage, attestations, copying
of documents, signatures, methods of transmitting information,
and other operational and technical aspects to improve the
efficiency, accuracy, and security of the System.
``(18) Annual study and report.--
``(A) Requirement for study.--The Comptroller
General of the United States shall conduct an annual
study of the System as described in this paragraph.
``(B) Purpose of the study.--The Comptroller
General shall, for each year, undertake a study to
determine whether the System meets the following
requirements:
``(i) Demonstrated accuracy of the
databases.--New information and information
changes submitted by an individual to the
System is updated in all of the relevant
databases not later than 3 working days after
submission in at least 99 percent of all cases.
``(ii) Low error rates and delays in
verification.--
``(I) Incorrect tentative
nonconfirmation notices.--That, during
a year, not more than 1 percent of all
tentative nonconfirmations provided
through the System during such year are
incorrect.
``(II) Incorrect final
nonconfirmation notices.--That, during
a year, not more than 3 percent of all
final nonconfirmations provided through
the System during such year are
incorrect.
``(III) Rates of incorrect
tentative nonconfirmation notices.--
That, during a year, the number of
incorrect tentative nonconfirmations
provided through the System for
individuals who are not nationals of
the United States is not more than 300
percent more than the number of such
incorrect notices provided for
nationals of the United States.
``(IV) Rates of incorrect final
nonconfirmation notices.--That, during
a year, the number of incorrect final
nonconfirmations provided through the
System for individuals who are not
nationals of the United States is not
more than 300 percent more than the
number of such incorrect notices
provided for nationals of the United
States during such year.
``(iii) Measurable employer compliance with
system requirements.--
``(I) No discrimination based on
system operations.--The System has not
and will not result in increased
discrimination or cause reasonable
employers to conclude that individuals
of certain races or ethnicities are
more likely to have difficulties when
offered employment caused by the
operation of the System.
``(II) Requirement for independent
study.--The determination described in
subclause (I) shall be based on an
independent study commissioned by the
Comptroller General in each phase of
expansion of the System.
``(iv) Protection of workers' private
information.--At least 97 percent of employers
who participate in the System are in full
compliance with the privacy requirements
described in this subsection.
``(v) Adequate agency staffing and
funding.--The Secretary and Commissioner of
Social Security have sufficient funding to meet
all of the deadlines and requirements of this
subsection.
``(C) Consultation.--In conducting a study under
this paragraph, the Comptroller General shall consult
with representatives of business, labor, immigrant
communities, State governments, privacy advocates, and
appropriate departments of the United States.
``(D) Requirement for reports.--Not later than 21
months after the date of the enactment of the STRIVE
Act of 2007, and annually thereafter, the Comptroller
General shall submit to the Secretary and to Congress a
report containing the findings of the study carried out
under this paragraph.
``(E) Certification.--If the Comptroller General
determines that the System meets the requirements set
out in clauses (i) through (v) of subparagraph (B) for
a year, the Comptroller shall certify such
determination and submit such certification to Congress
with the report required by subparagraph (D).
``(19) Administrative review.--
``(A) In general.--An individual who is terminated
from employment as a result of a final nonconfirmation
may, not later than 60 days after the date of such
termination, file an appeal of such final
nonconfirmation.
``(B) Procedures.--The Secretary and Commissioner
of Social Security shall develop procedures to review
appeals filed under subparagraph (A) and to make final
determinations on such appeals.
``(C) Review for errors.--If a final determination
on an appeal filed under subparagraph (A) results in a
confirmation of an individual's eligibility for
employment in the United States, the administrative
review process shall require the Secretary to determine
if the final nonconfirmation issued for the individual
was the result of--
``(i) an error or negligence on the part of
an employee or official operating or
responsible for the System;
``(ii) the decision rules, processes, or
procedures utilized by the System; or
``(iii) erroneous system information that
was not the result of acts or omissions of the
individual.
``(D) Compensation for error.--
``(i) In general.--If the Secretary makes a
determination under subparagraph (C) that the
final nonconfirmation issued for an individual
was not caused by an act or omission of the
individual, the Secretary shall compensate the
individual for lost wages.
``(ii) Calculation of lost wages.--Lost
wages shall be calculated based on the wage
rate and work schedule that prevailed prior to
termination. The individual shall be
compensated for wages lost beginning on the
first scheduled work day after employment was
terminated and ending 180 days after completion
of the administrative review process described
in this paragraph or the day after the
individual is reinstated or obtains employment
elsewhere, whichever occurs first.
``(E) Limitation on compensation.--For purposes of
determining an individual's compensation for the loss
of employment, such compensation shall not include any
period in which the individual was ineligible for
employment in the United States.
``(F) Source of funds.--Compensation or
reimbursement provided under this paragraph shall not
be provided from funds appropriated in annual
appropriations Acts to the Secretary for the Department
of Homeland Security.
``(20) Judicial review.--
``(A) In general.--After the Secretary makes a
final determination on an appeal filed by an individual
under paragraph (19), the individual may obtain
judicial review of such determination in a civil action
commenced not later than 90 days after notice of such
decision, or such further time as the Secretary may
allow.
``(B) Report.--Not later than 180 days after the
date of enactment of the STRIVE Act of 2007, the
Director of the Federal Judicial Center shall submit to
Congress a report on judicial review of an
administrative decision on a final nonconfirmation. The
report shall contain recommendations on jurisdiction
and procedures that shall be instituted to seek
adequate and timely review of such decision.
``(C) Compensation for error.--
``(i) In general.--In cases in which such
judicial review reverses the final
determination of the Secretary made under
paragraph (19), the court shall compensate the
individual for lost wages.
``(ii) Calculation of lost wages.--Lost
wages shall be calculated based on the wage
rate and work schedule that prevailed prior to
termination. The individual shall be
compensated for wages lost beginning on the
first scheduled work day after employment was
terminated and ending 180 days after completion
of the judicial review described in this
paragraph or the day after the individual is
reinstated or obtains employment elsewhere,
whichever occurs first.
``(21) Enforcement of violations.--No private right of
action shall exist for any claim based on a violation of this
section. The Government of the United States shall have
exclusive enforcement authority over violations of this section
and shall use only the powers, penalties, and mechanisms found
in this section. This paragraph shall apply to all cases in
which a final judgment has not been entered prior to or on the
date of enactment of the STRIVE Act of 2007.
``(22) Safe harbor for contractors.--A person shall not be
liable for a violation of paragraph (1)(A), (1)(B), or (2) of
subsection (a) with respect to the hiring or continuation of
employment of an unauthorized alien by a subcontractor of that
person unless the person knew that the subcontractor hired or
continued to employ such alien in violation of such a
paragraph.
``(23) Statutory construction.--Nothing in this subsection
shall affect any existing rights and obligations of employers
or employees under other Federal, State, or local laws.
``(d) Compliance.--
``(1) Complaints and investigations.--The Secretary shall
establish procedures--
``(A) for a person to file a complaint regarding a
potential violation of paragraph (1)(A), (1)(B), or (2)
of subsection (a);
``(B) for the investigation of any such complaint
that the Secretary determines is appropriate to
investigate; and
``(C) for the investigation of such other violation
of paragraph (1)(A), (1)(B), or (2) of subsection (a)
that the Secretary determines is appropriate.
``(2) Authority in investigations.--
``(A) In general.--In conducting investigations and
hearings under this subsection, officers and employees
of the Department of Homeland Security, if designated
by the Secretary, may compel by subpoena the attendance
of witnesses and the production of evidence at any
designated place in an investigation or case under this
subsection.
``(B) Failure to cooperate.--In case of refusal to
obey a subpoena lawfully issued under subparagraph (A),
the Secretary may request that the Attorney General
apply in an appropriate district court of the United
States for an order requiring compliance with such
subpoena, and any failure to obey such order may be
punished by such court as contempt.
``(C) Department of labor.--The Secretary of Labor
shall have the investigative authority provided under
section 11(a) of the Fair Labor Standards Act of 1938
(29 U.S.C. 211(a)) to ensure compliance with the
provisions of this section, or any regulation or order
issued under this section.
``(3) Compliance procedures.--
``(A) Prepenalty notice.--If the Secretary has
reasonable cause to believe that there has been a
violation of a requirement of this section and
determines that further proceedings related to such
violation are warranted, the Secretary shall issue to
the employer concerned a written notice of the
Secretary's intention to issue a claim for a fine or
other penalty. Such notice shall--
``(i) describe the violation;
``(ii) specify the laws and regulations
allegedly violated;
``(iii) disclose the material facts which
establish the alleged violation; and
``(iv) inform such employer that the
employer shall have a reasonable opportunity to
make representations as to why a claim for a
monetary or other penalty should not be
imposed.
``(B) Remission or mitigation of penalties.--
``(i) Petition by employer.--If an employer
receives written notice of a fine or other
penalty in accordance with subparagraph (A),
the employer may file within 45 days from
receipt of such notice, with the Secretary a
petition for the remission or mitigation of
such fine or penalty, or a petition for
termination of the proceedings. The petition
may include any relevant evidence or proffer of
evidence the employer wishes to present, and
shall be filed and considered in accordance
with procedures to be established by the
Secretary.
``(ii) Review by secretary.--If the
Secretary finds that such fine or other penalty
was incurred erroneously, or finds the
existence of such mitigating circumstances as
to justify the remission or mitigation of such
fine or penalty, the Secretary may remit or
mitigate such fine or other penalty on the
terms and conditions as the Secretary
determines are reasonable and just, or order
termination of any proceedings related to the
notice. Such mitigating circumstances may
include good faith compliance and participation
in, or agreement to participate in, the System,
if not otherwise required.
``(iii) Applicability.--This subparagraph
may not apply to an employer that has or is
engaged in a pattern or practice of violations
of paragraph (1)(A), (1)(B), or (2) of
subsection (a) or of any other requirements of
this section.
``(C) Penalty claim.--After considering evidence
and representations offered by the employer pursuant to
subparagraph (B), the Secretary shall determine whether
there was a violation and promptly issue a written
final determination setting forth the findings of fact
and conclusions of law on which the determination is
based and the appropriate penalty.
``(4) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized
aliens.--Any employer that violates paragraph (1)(A) or
(2) of subsection (a) shall pay civil penalties as
follows:
``(i) Pay a civil penalty of not less than
$500 and not more than $4,000 for each
unauthorized alien with respect to each such
violation.
``(ii) If the employer has previously been
fined 1 time within the preceding 12 months
under this subparagraph, pay a civil penalty of
not less than $4,000 and not more than $10,000
for each unauthorized alien with respect to
each such violation.
``(iii) If the employer has previously been
fined more than 1 time within the preceding 12
months under this subparagraph or has failed to
comply with a previously issued and final order
related to any such provision, pay a civil
penalty of not less than $6,000 and not more
than $20,000 for each unauthorized alien with
respect to each such violation.
``(B) Record keeping or verification practices.--
Any employer that violates or fails to comply with
paragraph (1)(B) of subsection (a) shall pay a civil
penalty as follows:
``(i) Pay a civil penalty of not less than
$200 and not more than $2,000 for each such
violation or failure.
``(ii) If the employer has previously been
fined 1 time within the preceding 12 months
under this subparagraph, pay a civil penalty of
not less than $400 and not more than $4,000 for
each such violation of failure.
``(iii) If the employer has previously been
fined more than 1 time within the preceding 12
months under this subparagraph or has failed to
comply with a previously issued and final order
related to such requirements, pay a civil
penalty of $6,000 for each such violation or
failure.
``(iv) Special rule governing paperwork
violation.--In the case where an employer
commits a violation of this section that is
deemed to be purely a paperwork violation where
the Secretary fails to establish any intent to
hire an individual who is not unauthorized for
employment in the United States, the Secretary
shall permit the employer to correct such
paperwork error within 30 days of receiving
notice from the Secretary of such violation.
``(C) Other penalties.--Notwithstanding
subparagraphs (A) and (B), the Secretary may impose
additional penalties for violations, including cease
and desist orders, specially designed compliance plans
to prevent further violations, suspended fines to take
effect in the event of a further violation, and in
appropriate cases, the civil penalty described in
subsection (f)(2).
``(D) Reduction of penalties.--Notwithstanding
subparagraphs (A), (B), and (C), the Secretary is
authorized to reduce or mitigate penalties imposed upon
employers, based upon factors including the employer's
hiring volume, compliance history, good-faith
implementation of a compliance program, participation
in a temporary worker program, and voluntary disclosure
of violations of this subsection to the Secretary.
``(5) Judicial review.--
``(A) In general.--An employer adversely affected
by a final determination may, within 45 days after the
date the final determination is issued, obtain judicial
review of such determination.
``(B) Report.--Not later than 180 days after the
date of enactment of the STRIVE Act of 2007, the
Director of the Federal Judicial Center shall submit to
Congress a report on judicial review of a final
determination. The report shall contain recommendations
on jurisdiction and procedures that shall be instituted
to seek adequate and timely review of such decision.
``(6) Enforcement of orders.--If an employer fails to
comply with a final determination issued against that employer
under this subsection, and the final determination is not
subject to review as provided in paragraph (5), the Attorney
General may file suit to enforce compliance with the final
determination, not earlier than 46 days and not later than 90
days, after the date the final determination is issued, in any
appropriate district court of the United States. The burden
shall remain on the employer to show that the final
determination was not supported by a preponderance of the
evidence.
``(7) Recovery of costs and attorneys' fees.--In any appeal
brought under paragraph (5) or suit brought under paragraph
(6), the employer shall be entitled to recover from the
Secretary reasonable costs and attorneys' fees if such employer
prevails on the merits of the case. The award of attorneys'
fees shall not exceed $50,000. Such amount shall be subject to
annual inflation adjustments per the United States Consumer
Price Index - All Urban Consumers (CPI-U) compiled by the
Bureau of Labor Statistics. Any costs and attorneys' fees
assessed against the Secretary shall be charged against the
operating expenses of the Department of Homeland Security for
the fiscal year in which the assessment is made, and shall not
be reimbursed from any other source.
``(e) Criminal Penalties and Injunctions for Pattern or Practice
Violations.--
``(1) Criminal penalty.--An employer that engages in a
pattern or practice of knowing violations of paragraph (1)(A)
or (2) of subsection (a) shall be fined not more than $20,000
for each unauthorized alien with respect to whom such a
violation occurs, imprisoned for not more than 3 years for the
entire pattern or practice, or both.
``(2) Enjoining of pattern or practice violations.--If the
Secretary or the Attorney General has reasonable cause to
believe that an employer is engaged in a pattern or practice of
employment in violation of paragraph (1)(A) or (2) of
subsection (a), the Attorney General may bring a civil action
in the appropriate district court of the United States
requesting such relief, including a permanent or temporary
injunction, restraining order, or other order against the
employer, as the Secretary deems necessary.
``(f) Adjustment for Inflation.--All penalties and limitations on
the recovery of costs and attorney's fees in this section shall be
increased every 4 years beginning January 2010 to reflect the
percentage increase in the consumer price index for all urban consumers
(all items; United States city average) for the 48 month period ending
with September of the year preceding the year such adjustment is made.
Any adjustment under this subparagraph shall be rounded to the nearest
dollar.
``(g) Prohibition of Indemnity Bonds.--
``(1) Prohibition.--It is unlawful for an employer, in the
hiring of an individual, to require the individual to post a
bond or security, to pay or agree to pay an amount, or
otherwise to provide a financial guaranty or indemnity, against
any potential liability arising under this section relating to
such hiring of the individual.
``(2) Civil penalty.--Any employer which is determined,
after notice and opportunity for mitigation of the monetary
penalty under subsection (d), to have violated paragraph (1)
shall be subject to a civil penalty of $10,000 for each
violation and to an administrative order requiring the return
of any amounts received in violation of such paragraph to the
individual.
``(h) Prohibition on Award of Government Contracts, Grants, and
Agreements.--
``(1) Employers with no contracts, grants, or agreements.--
``(A) In general.--If an employer who does not hold
a Federal contract, grant, or cooperative agreement is
determined by the Secretary to be a repeat violator of
this section the employer shall be debarred from the
receipt of a Federal contract, grant, or cooperative
agreement for a period of 5 years. The Secretary or the
Attorney General shall advise the Administrator of
General Services of such a debarment, and the
Administrator of General Services shall list the
employer on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs for a period of
5 years.
``(B) Waiver.--The Administrator of General
Services, in consultation with the Secretary and the
Attorney General, may waive operation of this
subsection or may limit the duration or scope of the
debarment.
``(2) Employers with contracts, grants, or agreements.--
``(A) In general.--An employer who holds a Federal
contract, grant, or cooperative agreement and is
determined by the Secretary to be a repeat violator of
this section or is convicted of a crime under this
section, shall be debarred from the receipt of new
Federal contracts, grants, or cooperative agreements
for a period of 5 years.
``(B) Notice to agencies.--Prior to debarring the
employer under subparagraph (A), the Secretary, in
cooperation with the Administrator of General Services,
shall advise any agency or department holding a
contract, grant, or cooperative agreement with the
employer of the Government's intention to debar the
employer from the receipt of new Federal contracts,
grants, or cooperative agreements for a period of 5
years.
``(C) Waiver.--After consideration of the views of
any agency or department that holds a contract, grant,
or cooperative agreement with the employer, the
Secretary may, in lieu of debarring the employer from
the receipt of new Federal contracts, grants, or
cooperative agreements for a period of 5 years, waive
operation of this subsection, limit the duration or
scope of the debarment, or may refer to an appropriate
lead agency the decision of whether to debar the
employer, for what duration, and under what scope in
accordance with the procedures and standards prescribed
by the Federal Acquisition Regulation. However, any
proposed debarment predicated on an administrative
determination of liability for civil penalty by the
Secretary or the Attorney General shall not be
reviewable in any debarment proceeding.
``(D) Review.--The decision of whether to debar or
take alternate action under this paragraph shall be
reviewable pursuant to section 9, Federal Acquisition
Regulation.
``(3) Suspension.--Indictments for violations of this
section or adequate evidence of actions that could form the
basis for debarment under this subsection shall be considered a
cause for suspension under the procedures and standards for
suspension prescribed by the Federal Acquisition Regulation.
``(4) Repeat violator defined.--In this subsection, the
term `repeat violator' means, with respect to an employer, that
the employer has violated paragraph (1)(A), (1)(B), or (2) of
subsection (a) more than 1 time and that such violations were
discovered as a result of more than 1 separate investigation of
the employer. A violation of such paragraph (1)(B) that is
inadvertent and unrelated to a violation of subsection
(a)(1)(A) and (a)(2) may not be considered to be a violation of
such paragraph (1)(B) for the purposes of this paragraph.
``(i) Miscellaneous Provisions.--
``(1) Documentation.--In providing documentation or
endorsement of authorization of aliens (other than aliens
lawfully admitted for permanent residence) eligible to be
employed in the United States, the Secretary shall provide that
any limitations with respect to the period or type of
employment or employer shall be conspicuously stated on the
documentation or endorsement.
``(2) Preemption.--The provisions of this section preempt
any State or local law from--
``(A) imposing civil or criminal sanctions upon
employers who employ or otherwise do business with
unauthorized aliens;
``(B) requiring, authorizing, or permitting the use
of a federally mandated employment verification system
for any other purpose other than the one mandated in
Federal law, including verifying status of renters,
determining eligibility for receipt of benefits,
enrollment in school, obtaining or retaining a business
license or other license provided by the unit of
government, or conducting a background check; and
``(C) requiring employers to use an employment
verification system, unless otherwise mandated by
Federal law, for purposes such as--
``(i) as a condition of receiving a
government contract;
``(ii) as a condition of receiving a
business license; or
``(iii) as a penalty.
``(j) Definitions.--In this section--
``(1) Employer.--The term `employer' means any person or
entity, including any entity of the Government of the United
States, hiring an individual for employment in the United
States.
``(2) Independent contractor.--The term `independent
contractor' includes a person who carries on independent
business, contracts to do a piece of work according to the
person's own means and methods, and are subject to control only
as to results. Whether a person is an independent contractor,
regardless of any self-designation, will be determined on a
case-by-case basis. Factors to be considered in that
determination include whether the person--
``(A) supplies the tools or materials;
``(B) makes services available to the general
public;
``(C) works for a number of clients at the same
time;
``(D) has an opportunity for profit or loss as a
result of labor or services provided;
``(E) invests in facilities to carry out the work;
``(F) directs the order or sequence in which the
work is to be done; and
``(G) determines the hours during which the work is
to be done.
``(3) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(4) Unauthorized alien.--The term `unauthorized alien'
means, with respect to the employment of an alien at a
particular time, that the alien is not at that time either--
``(A) an alien lawfully admitted for permanent
residence; or
``(B) authorized to be so employed by this Act or
by the Secretary.''.
(b) Antifraud Measures for Social Security Cards.--
(1) In general.--Section 205(c)(2)(G) of the Social
Security Act (42 U.S.C. 405(c)(2)(G)) is amended--
(A) by inserting ``(i)'' after ``(G)'';
(B) by striking ``banknote paper'' and inserting
``durable plastic or similar material''; and
(C) by adding at the end the following new clauses:
``(ii) Each social security card issued
under this subparagraph shall include an
encrypted machine-readable electronic
identification strip which shall be unique to
the individual to whom the card is issued. The
Commissioner shall develop such electronic
identification strip in consultation with the
Secretary of Homeland Security, so as to enable
employers to use such strip in accordance with
section 274A(a)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)(1)(B)) to
obtain access to the Electronic Employment
Verification System established by subsection
(c) of this title.
``(iii) Each social security card issued
under this subparagraph shall--
``(I) contain physical security
features designed to prevent tampering,
counterfeiting, or duplication of the
card for fraudulent purposes;
``(II) be consistent with the
biometric standards for documents
described in section 737 of this Act;
and
``(III) contain a disclaimer
stating the following: `This card shall
not be used for the purpose of
identification.
``(iv) The Commissioner shall provide for
the issuance (or reissuance) to each individual
who--
``(I) has been assigned a Social
Security account number under
subparagraph (B),
``(II) has attained the minimum age
applicable, in the jurisdiction in
which such individual engages in
employment, for legally engaging in
such employment, and
``(III) files application for such
card under this clause in such form and
manner as shall be prescribed by the
Commissioner, a Social Security card
which meets the preceding requirements
of this subparagraph and which includes
a recent digitized photograph of the
individual to whom the card is issued.
``(v) The Commissioner shall maintain an
ongoing effort to develop measures in relation
to the Social Security card and the issuance
thereof to preclude fraudulent use thereof.''.
(2) Sharing of information with the secretary of homeland
security.--Section 205(c)(2) of such Act is amended by adding
at the end the following new subparagraph:
``(I) Upon the issuance of a Social Security
account number under subparagraph (B) to any individual
or the issuance of a Social Security card under
subparagraph (G) to any individual, the Commissioner of
Social Security shall transmit to the Secretary of
Homeland Security such information received by the
Commissioner in the individual's application for such
number or such card as such Secretary determines
necessary and appropriate for administration of the
STRIVE Act of 2007. Such information shall be used
solely for inclusion in the Electronic Employment
Eligibility Verification System established pursuant to
title III of such Act.''.
(3) Effective dates.--The amendment made by paragraph (1)
shall apply with respect to Social Security cards issued 2
years after the date of the enactment of this Act. The
amendment made by paragraph (2) shall apply with respect to the
issuance of Social Security account numbers and Social Security
cards after 2 years after the date of the enactment of this
Act.
(c) Conforming Amendments.--
(1) Amendments.--
(A) Repeal of basic pilot.--Sections 401, 402, 403,
404, and 405 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208; 8 U.S.C. 1324a note) are repealed.
(B) Repeal of reporting requirements.--
(i) Report on earnings of aliens not
authorized to work.--Subsection (c) of section
290 (8 U.S.C. 1360) is repealed.
(ii) Report on fraudulent use of social
security account numbers.--Subsection (b) of
section 414 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C.
1360 note) is repealed.
(C) Repeal of definition.--Paragraph (1)(F) of
section 1961 of title 18, United States Code, is
repealed.
(2) Construction.--Nothing in this subsection or in
subsection (c) of section 274A, as amended by subsection (a),
may be construed to limit the authority of the Secretary to
allow or continue to allow the participation of employers who
participated in the basic pilot program under such sections
401, 402, 403, 404, and 405 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 8 U.S.C. 1324a note) in the Electronic Employment
Verification System established pursuant to such subsection
(d).
(d) Technical Amendments.--
(1) Definition of unauthorized alien.--Sections 218(i)(1)
(8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)),
274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) (8
U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' and
inserting ``274A(h)''.
(2) Document requirements.--Section 274B (8 U.S.C. 1324b)
is amended--
(A) in subsections (a)(6) and (g)(2)(B), by
striking ``274A(b)'' and inserting ``274A(d)''; and
(B) in subsection (g)(2)(B)(ii), by striking
``274A(b)(5)'' and inserting ``274A(d)(9)''.
(e) Office of Electronic Verification.--
(1) In general.--The Secretary shall establish the Office
of Electronic Verification within the Office of Screening
Coordination of the Department.
(2) Responsibilities.--The head of the Office of Electronic
Verification shall work with the Commissioner of Social
Security--
(A) to ensure the information maintained in the
Electronic Employment Verification System established
in subsection (c) of section 274A of the Immigration
and Nationality Act, as amended by subsection (a), is
updated in a manner that promotes maximum accuracy;
(B) to ensure a process is provided for correcting
erroneous information continued in such System;
(C) to ensure that the data received from field
offices of United States Customs and Border Protection
or from other points of contact between aliens and the
Department of Homeland Security is registered in all
relevant databases;
(D) to ensure that the data received from field
offices of the Social Security Administration and other
points of contact between nationals of the United
States and the Social Security Administration is
registered within all relevant databases;
(E) to ensure that the Department has a sufficient
number of personnel to conduct manual verifications
described in paragraph (2)(ii) of such subsection (c);
(F) to establish and promote telephone help lines
accessible to employers and individuals 24-hours a day
that provide information regarding the functioning of
such System or specific issues related to the issuance
of a tentative nonconfirmations issued by the System;
(G) to establish an outreach and education program
to ensure that all new employers are fully informed of
their responsibilities under such System;
(H) to conduct random audits of individual's files
in the Government's database each year to determine
accuracy rates and require corrections of errors in a
timely manner; and
(I) to provide to the employer anti-discrimination
notices issued by the Office of Special Counsel for
Immigration-Related Unfair Employment Practices of the
Civil Rights Division of the Department of Justice.
(f) Requirement for Reports.--Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the Comptroller
General of the United States shall submit to the Secretary and to
Congress a report on the impact of the Electronic Employment
Verification System described in section 274A(c) of the Immigration and
Nationality Act, as amended by subsection (a), on employers and
employees in the United States. Each such report shall include the
following:
(1) An assessment of the impact of the System on the
employment of aliens who are not eligible for employment in the
United States, including whether the System has indirectly
caused an increase in exploitation of unauthorized workers.
(2) An assessment of the accuracy of the databases utilized
by the System and of the timeliness and accuracy of the
responses provided through the System to employers.
(3) An assessment of the privacy and confidentiality of the
System and of the overall security of the System with respect
to cybertheft and theft or misuse of private data.
(4) An assessment of whether the System is being
implemented in a nondiscriminatory and nonretaliatory manner.
(5) An assessment of the most common causes for the
erroneous issuance of nonconfirmations by the System and
recommendations to correct such causes.
(6) Recommendations regarding a funding scheme for the
maintenance of the System which may include minimal costs to
employers or individuals.
(7) The recommendations of the Comptroller General
regarding whether or not the System should be modified prior to
further expansion.
(g) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 302. CLARIFICATION OF INELIGIBILITY FOR MISREPRESENTATION.
Section 212(a)(6)(C)(ii)(I) (8 U.S.C. 1182(a)(6)(C)(ii)(I)), is
amended by striking ``citizen'' and inserting ``national''.
SEC. 303. ANTIDISCRIMINATION PROTECTIONS.
(a) Application of Prohibition of Discrimination to Verification
System.--Section 274B(a)(1) (8 U.S.C. 1324b(a)(1)) is amended by
inserting ``, the verification of the individual's eligibility for
employment through the Electronic Employment Verification System
described in section 274A(c),'' after ``the individual for
employment''.
(b) Classes of Aliens as Protected Individuals.--Section
274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is amended to read as follows--
``(B) is an alien who is--
``(i) lawfully admitted for permanent
residence;
``(ii) granted the status of an alien
lawfully admitted for temporary residence under
section 210(a) or 245A(a);
``(iii) admitted as a refugee under section
207;
``(iv) granted asylum under section 208;
``(v) granted the nonimmigrant status under
section 101(a)(15)(H)(ii)(c);
``(vi) granted temporary protected status
under section 244; or
``(vii) granted parole under section
212(d)(5).''.
(c) Requirements for Electronic Employment Verification.--Section
274B(a) (8 U.S.C. 1324b(a)) is amended by adding at the end the
following:
``(7) Antidiscrimination requirements of the electronic
employment verification system.--It is an unfair immigration-
related employment practice for a person or other entity, in
the course of the Electronic Employment Verification System
described in section 274A(c)--
``(A) to terminate the employment of an individual
due to a tentative nonconfirmation issued by such
System, with respect to that individual;
``(B) to use the System for screening of an
applicant for employment prior to making the individual
an offer of employment;
``(C) to reverify the employment authorization of
current employees beyond the time period set out in
274A(c)(2); or
``(D) to use the System selectively to exclude
certain individuals from consideration for employment
as a result of a perceived likelihood that additional
verification will be required, beyond what is required
for most job applicants.''.
(d) Increase in Civil Money Penalties.--Section 274B(g)(2) (8
U.S.C. 1324b(g)(2)) is amended--
(1) in subparagraph (B)(iv)--
(A) in subclause (I), by striking ``$250 and not
more than $1,000'' and inserting ``$2,000 and not more
than $4,000'';
(B) in subclause (II), by striking ``$2,000 and not
more than $5,000'' and inserting ``$4,000 and not more
than $10,000'';
(C) in subclause (III), by striking ``$3,000 and
not more than $10,000'' and inserting ``$6,000 and not
more than $20,000'';
(D) in subclause (IV), by striking ``$100 and not
more than $1,000'' and inserting ``$500 and not more
than $5,000.''
(e) Increased Funding of Information Campaign.--Section 274B(l)(3)
(8 U.S.C. 1324b(l)(3)) is amended by inserting ``and an additional
$40,000,000 for each of fiscal years 2008 through 2010'' before the
period at the end.
(f) Effective Date.--The amendments made by this title shall take
effect on the date of the enactment of this Act and shall apply to
violations occurring on or after such date.
SEC. 304. ADDITIONAL PROTECTIONS.
Section 274B (8 U.S.C. 1324b) is amended--
(1) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) In general.--It is an unfair immigration-related
employment practice for a person or other entity to
discriminate against any individual (other than an unauthorized
alien defined in section 274A(h)(3)) with respect to--
``(A) the hiring, or recruitment or referral for a
fee, of the individual for employment or the
discharging of the individual from employment--
``(i) because of such individual's national
origin; or
``(ii) in the case of a protected
individual, because of such individual's
citizenship status; or
``(B) the compensation, terms, or conditions of the
employment of the individual.'';
(2) in subsection (a)(6), by striking ``if made for the
purpose or with the intent of discriminating against an
individual in violation of paragraph (1)'' and inserting ``in
violation of paragraph (1), subject to additional information
and compliance assistance being provided to employers to assist
them in complying with the law'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``and, based on
such an investigation and subject to paragraph (3),
file a complaint before such a judge'' and inserting
``Any such investigation shall begin not later than 180
days after the alleged discriminatory act. Any such
complaint filed with an administrative law judge shall
be filed not later than 1 year after the commencement
of the independent investigation.''; and
(B) by striking paragraph (3); and
(4) in subsection (g)(2)(B)(iii), by inserting ``, and to
provide such other relief as the administrative law judge
determines appropriate to make the individual whole'' before
the semicolon at the end.
SEC. 305. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.
(a) Increase in Number of Personnel.--The Secretary shall, subject
to the availability of appropriations for such purpose, annually
increase, by not less than 2,200, the number of personnel of the Bureau
of Immigration and Customs Enforcement during the 5-year period
beginning on the date of the enactment of this Act.
(b) Use of Personnel.--The Secretary shall ensure that not less
than 25 percent of all the hours expended by personnel of the Bureau of
Immigration and Customs Enforcement shall be used to enforce compliance
with sections 274A and 274C of the Immigration and Nationality Act (8
U.S.C. 1324a and 1324c).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2007 through
2011 such sums as may be necessary to carry out this section.
SEC. 306. AMENDMENTS TO THE SOCIAL SECURITY ACT AND THE INTERNAL
REVENUE CODE.
(a) Social Security Act.--Section 205(c)(2) of the Social Security
Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the following
new subparagraphs:
``(I)(i) The Commissioner of Social Security shall,
subject to the provisions of title III of the STRIVE
Act of 2007, establish a reliable, secure method to
provide through the Electronic Employment Verification
System established pursuant to section 274A(c) of the
Immigration and Nationality Act (referred to in this
subparagraph as the `System'), within the time periods
required by such subsection--
``(I) a determination of whether the name,
date of birth, employer identification number,
and social security account number of an
individual provided in an inquiry made to the
System by an employer is consistent with such
information maintained by the Commissioner in
order to confirm the validity of the
information provided;
``(II) a determination of the citizenship
status associated with such name and social
security account number, according to the
records maintained by the Commissioner;
``(III) a determination of whether the name
and number belongs to an individual who is
deceased, according to the records maintained
by the Commissioner;
``(IV) a determination of whether the name
and number is blocked in accordance with clause
(ii); and
``(V) a confirmation or a nonconfirmation
described in such subsection (c), in a manner
that ensures that other information maintained
by the Commissioner is not disclosed or
released to employers through the System.
``(ii) The Commissioner of Social Security shall
prevent the fraudulent or other misuse of a social
security account number by establishing procedures
under which an individual who has been assigned a
social security account number may block the use of
such number under the System and remove such block.
``(J) In assigning social security account numbers
to aliens who are authorized to work in the United
States under section 218A of the Immigration and
Nationality Act, the Commissioner of Social Security
shall, to the maximum extent practicable, assign such
numbers by employing the enumeration procedure
administered jointly by the Commissioner, the Secretary
of State, and the Secretary.''.
(b) Disclosure of Certain Taxpayer Identity Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(21) Disclosure of certain taxpayer identity information
by social security administration to department of homeland
security.--
``(A) In general.--From taxpayer identity
information which has been disclosed to the Social
Security Administration and upon written request by the
Secretary of Homeland Security, the Commissioner of
Social Security shall disclose directly to officers,
employees, and contractors of the Department of
Homeland Security the following information:
``(i) Disclosure of employer no-match
notices.--Taxpayer identity information of each
person who has filed an information return
required by reason of section 6051 during
calendar year 2006, 2007, or 2008 which
contains--
``(I) more than 100 names and
taxpayer identifying numbers of
employees (within the meaning of such
section) that did not match the records
maintained by the Commissioner of
Social Security; or
``(II) more than 10 names of
employees (within the meaning of such
section) with the same taxpayer
identifying number.
``(ii) Disclosure of information regarding
use of duplicate employee taxpayer identifying
information.--Taxpayer identity information of
each person who has filed an information return
required by reason of section 6051 which the
Commissioner of Social Security has reason to
believe, based on a comparison with information
submitted by the Secretary of Homeland
Security, contains evidence of identity fraud
due to the multiple use of the same taxpayer
identifying number (assigned under section
6109) of an employee (within the meaning of
section 6051).
``(iii) Disclosure of information regarding
nonparticipating employers.--Taxpayer identity
information of each person who has filed an
information return required by reason of
section 6051 which the Commissioner of Social
Security has reason to believe, based on a
comparison with information submitted by the
Secretary of Homeland Security, contains
evidence of such person's failure to register
and participate in the Electronic Employment
Verification System authorized under section
274A(c) of the Immigration and Nationality Act
(hereafter in this paragraph referred to as the
`System').
``(iv) Disclosure of information regarding
new employees of nonparticipating employers.--
Taxpayer identity information of all employees
(within the meaning of section 6051) hired
after the date a person identified in clause
(iii) is required to participate in the System
under section 274A(c)(10) of the Immigration
and Nationality Act.
``(v) Disclosure of information regarding
employees of certain designated employers.--
Taxpayer identity information of all employees
(within the meaning of section 6051) of each
person who is required to participate in the
System under such section 274A(c)(10) of the
Immigration and Nationality Act.
``(vi) Disclosure of new hire taxpayer
identity information.--Taxpayer identity
information of each person participating in the
System and taxpayer identity information of all
employees (within the meaning of section 6051)
of such person hired during the period
beginning with the later of--
``(I) the date such person begins
to participate in the System; or
``(II) the date of the request
immediately preceding the most recent
request under this clause,
ending with the date of the most recent request
under this clause.
``(B) Restriction on disclosure.--The Commissioner
of Social Security shall disclose taxpayer identity
information under subparagraph (A) only for purposes
of, and to the extent necessary in--
``(i) establishing and enforcing employer
participation in the System;
``(ii) carrying out, including through
civil administrative and civil judicial
proceedings, of sections 212, 217, 235, 237,
238, 274A, 274B, and 274C of the Immigration
and Nationality Act; and
``(iii) the civil operation of the Alien
Terrorist Removal Court.
``(C) Reimbursement.--The Commissioner of Social
Security shall prescribe a reasonable fee schedule for
furnishing taxpayer identity information under this
paragraph and collect such fees in advance from the
Secretary of Homeland Security.
``(D) Termination.--This paragraph shall not apply
to any request made after the date which is 3 years
after the date of the enactment of this paragraph.''.
(2) Compliance by dhs contractors with confidentiality
safeguards.--
(A) In general.--Section 6103(p) of such Code is
amended by adding at the end the following new
paragraph:
``(9) Disclosure to dhs contractors.--Notwithstanding any
other provision of this section, no return or return
information shall be disclosed to any contractor of the
Department of Homeland Security unless the Secretary of
Homeland Security, to the satisfaction of the Secretary--
``(A) has requirements in effect which require each
such contractor which would have access to returns or
return information to provide safeguards (within the
meaning of paragraph (4)) to protect the
confidentiality of such returns or return information;
``(B) agrees to conduct an on-site review every 3
years (mid-point review in the case of contracts or
agreements of less than 1 year in duration) of each
contractor to determine compliance with such
requirements;
``(C) submits the findings of the most recent
review conducted under subparagraph (B) to the
Secretary as part of the report required by paragraph
(4)(E); and
``(D) certifies to the Secretary for the most
recent annual period that such contractor is in
compliance with all such requirements.
The certification required by subparagraph (D) shall include
the name and address of each contractor, a description of the
contract or agreement with such contractor, and the duration of
such contract or agreement.''.
(3) Conforming amendments.--
(A) Section 6103(a)(3) of such Code is amended by
striking ``or (20)'' and inserting ``(20), or (21)''.
(B) Section 6103(p)(3)(A) of such Code is amended
by adding at the end the following new sentence: ``The
Commissioner of Social Security shall provide to the
Secretary such information as the Secretary may require
in carrying out this paragraph with respect to return
information inspected or disclosed under the authority
of subsection (l)(21).''.
(C) Section 6103(p)(4) of such Code is amended--
(i) by striking ``or (17)'' both places it
appears and inserting ``(17), or (21)''; and
(ii) by striking ``or (20)'' each place it
appears and inserting ``(20), or (21)''.
(D) Section 6103(p)(8)(B) of such Code is amended
by inserting ``or paragraph (9)'' after ``subparagraph
(A)''.
(E) Section 7213(a)(2) of such Code is amended by
striking ``or (20)'' and inserting ``(20), or (21)''.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary such sums as are necessary to carry out the
amendments made by this section.
(2) Limitation on verification responsibilities of
commissioner of social security.--The Commissioner of Social
Security is authorized to perform activities with respect to
carrying out the Commissioner's responsibilities in this title
or the amendments made by this title, but only to the extent
the Secretary has provided, in advance, funds to cover the
Commissioner's full costs in carrying out such
responsibilities. In no case shall funds from the Federal Old-
Age and Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund be used to carry out such
responsibilities.
(d) Effective Dates.--
(1) Social security act.--The amendments made by subsection
(a) shall take effect on the date that is 180 days after the
date of the enactment of this Act.
(2) Internal revenue code.--
(A) In general.--The amendments made by subsection
(b) shall apply to disclosures made after the date of
the enactment of this Act.
(B) Certifications.--The first certification under
section 6103(p)(9)(D) of the Internal Revenue Code of
1986, as added by subsection (b)(2), shall be made with
respect to calendar year 2007.
TITLE IV--NEW WORKER PROGRAM
SEC. 401. NONIMMIGRANT WORKER.
Section 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is amended to read
as follows:
``(H) an alien--
``(i)(b) subject to section 212(j)(2)--
``(aa) who is coming temporarily to
the United States to perform services
(other than services described in
clause (ii)(a) or subparagraph (O) or
(P)) in a specialty occupation
described in section 214(i)(1) or as a
fashion model;
``(bb) who meets the requirements
for the occupation specified in section
214(i)(2) or, in the case of a fashion
model, is of distinguished merit and
ability; and
``(cc) with respect to whom the
Secretary of Labor determines and
certifies to the Secretary of Homeland
Security that the intending employer
has filed an application with the
Secretary in accordance with section
212(n)(1);
``(b1)(aa) who is entitled to enter the
United States under the provisions of an
agreement listed in section 214(g)(8)(A);
``(bb) who is engaged in a specialty
occupation described in section 214(i)(3); and
``(cc) with respect to whom the Secretary
of Labor determines and certifies to the
Secretary of Homeland Security and the
Secretary of State that the intending employer
has filed an attestation with the Secretary of
Labor in accordance with section 212(t)(1); or
``(c)(aa) who is coming temporarily to the
United States to perform services as a
registered nurse;
``(bb) who meets the qualifications
described in section 212(m)(1); and
``(cc) with respect to whom the Secretary
of Labor determines and certifies to the
Secretary of Homeland Security that an
unexpired attestation is on file and in effect
under section 212(m)(2) for the facility (as
defined in section 212(m)(6)) for which the
alien will perform the services; or
``(ii)(a) who--
``(aa) has a residence in a foreign country
which the alien has no intention of abandoning;
and
``(bb) is coming temporarily to the United
States to perform agricultural labor or
services (as defined by the Secretary of
Labor), including agricultural labor (as
defined in section 3121(g) of the Internal
Revenue Code of 1986), agriculture (as defined
in section 3(f) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203(f))), and the pressing
of apples for cider on a farm, of a temporary
or seasonal nature;
``(b) who--
``(aa) has a residence in a foreign
country which the alien has no
intention of abandoning;
``(bb) is coming temporarily to the
United States to perform
nonagricultural work or services of a
temporary or seasonal nature (if
unemployed persons capable of
performing such work or services cannot
be found in the United States),
excluding medical school graduates
coming to the United States to perform
services as members of the medical
profession; or
``(c) who--
``(aa) is coming temporarily to the
United States to initially perform
temporary labor or services other than
the labor or services described in
clause (i)(b), (i)(b1), (i)(c),
(ii)(a), or (iii), subparagraph (D),
(E), (I), (L), (O), (P), or (R), or
section 214(e) (if United States
workers who are able, willing, and
qualified to perform such labor or
services cannot be found in the United
States); and
``(bb) meets the requirements of
section 218A, including the filing of a
petition under such section on behalf
of the alien;
``(iii) who--
``(a) has a residence in a foreign
country which the alien has no
intention of abandoning; and
``(b) is coming temporarily to the
United States as a trainee (other than
to receive graduate medical education
or training) in a training program that
is not designed primarily to provide
productive employment; or
``(iv) who--
``(a) is the spouse or a minor
child of an alien described in this
subparagraph; and
``(b) is accompanying or following
to join such alien.''.
SEC. 402. ADMISSION OF NONIMMIGRANT WORKERS.
(a) New Workers.--Chapter 2 of title II (8 U.S.C. 1181 et seq.) is
amended by inserting after section 218 the following:
``SEC. 218A. ADMISSION OF H-2C NONIMMIGRANTS.
``(a) Authorization.--The Secretary of State may grant a temporary
visa to an H-2C nonimmigrant who demonstrates an intent to perform
labor or services in the United States (other than the labor or
services described in clause (i)(b), (i)(b1), (i)(c), (ii)(a), or (iii)
of section 101(a)(15)(H), subparagraph (D), (E), (I), (L), (O), (P), or
(R) of section 101(a)(15), or section 214(e) (if United States workers
who are able, willing, and qualified to perform such labor or services
cannot be found in the United States).
``(b) Requirements for Admission.--An alien shall be eligible for
H-2C nonimmigrant status if the alien meets the following requirements:
``(1) Eligibility to work.--The alien shall establish that
the alien is capable of performing the labor or services
required for an occupation described in section
101(a)(15)(H)(ii)(c).
``(2) Evidence of employment offer.--The alien's evidence
of employment shall be provided in accordance with the
requirements issued by the Secretary of State, in consultation
with the Secretary of Labor. In carrying out this paragraph,
the Secretary may consider evidence from employers, employer
associations, and labor representatives.
``(3) Fee.--The alien shall pay a $500 visa issuance fee in
addition to the cost of processing and adjudicating such
application. Nothing in this paragraph shall be construed to
affect consular procedures for charging reciprocal fees.
``(4) Medical examination.--The alien shall undergo a
medical examination (including a determination of immunization
status), at the alien's expense, that conforms to generally
accepted standards of medical practice.
``(5) Application content and waiver.--
``(A) Application form.--The alien shall submit to
the Secretary of State a completed application, which
contains evidence that the requirements under
paragraphs (1) and (2) have been met.
``(B) Content.--In addition to any other
information that the Secretary requires to determine an
alien's eligibility for H-2C nonimmigrant status, the
Secretary of State shall require an alien to provide
information concerning the alien's--
``(i) physical and mental health;
``(ii) criminal history and gang
membership;
``(iii) immigration history; and
``(iv) involvement with groups or
individuals that have engaged in terrorism,
genocide, persecution, or who seek the
overthrow of the United States Government.
``(C) Knowledge.--The alien shall include with the
application submitted under this paragraph a signed
certification in which the alien certifies that--
``(i) the alien has read and understands
all of the questions and statements on the
application form;
``(ii) the alien certifies under penalty of
perjury under the laws of the United States
that the application, and any evidence
submitted with it, are all true and correct;
and
``(iii) the applicant authorizes the
release of any information contained in the
application and any attached evidence for law
enforcement purposes.
``(c) Grounds of Inadmissibility.--
``(1) In general.--In determining an alien's admissibility
as an H-2C nonimmigrant--
``(A) paragraphs (5), (6) (except subparagraph
(E)), (7), (9), and (10)(B) of section 212(a) may not
apply with respect to conduct that occurred before the
effective date of the STRIVE Act;
``(B) the Secretary of Homeland Security may not
waive the application of--
``(i) subparagraph (A), (B), (C), (D)(ii),
(E), (G), (H), or (I) of section 212(a)(2);
``(ii) section 212(a)(3); or
``(iii) subparagraph (A), (C) or (D) of
section 212(a)(10);
``(C) the Secretary of State may waive the
application of any provision of section 212(a) not
listed in subparagraph (B) on behalf of an individual
alien--
``(i) for humanitarian purposes;
``(ii) to ensure family unity; or
``(iii) if such a waiver is otherwise in
the public interest;
``(D) nothing in this paragraph shall be construed
as affecting the authority of the Secretary other than
under this paragraph to waive the provisions of section
212(a).
``(2) Renewal of authorized admission and subsequent
admissions.--An alien seeking renewal of authorized admission
or subsequent admission as an H-2C nonimmigrant shall establish
that the alien is not inadmissible under section 212(a).
``(3) Background checks.--The Secretary of Homeland
Security shall not admit, and the Secretary of State shall not
issue a visa to, an alien seeking H-2C nonimmigrant status
unless all appropriate background checks have been completed.
``(d) Period of Authorized Admission.--
``(1) Authorized period.--The initial period of authorized
admission as an H-2C nonimmigrant shall be 3 years.
``(2) Renewal.--Before the expiration of the initial period
under paragraph (1), an H-2C nonimmigrant may submit an
application to the Secretary of Homeland Security to extend H-
2C nonimmigrant status for 1 additional 3-year period. The
Secretary may not require an applicant under this paragraph to
depart the United States as a condition for granting such
extension.
``(3) International commuters.--An alien who maintains
actual residence and place of abode outside the United States
and commutes into the United States to work as an H-2C
nonimmigrant, is not subject to the time limitations under
paragraphs (1) and (2).
``(4) Loss of employment.--
``(A) In general.--
``(i) Period of unemployment.--Subject to
clause (ii) and subsection (c), the period of
authorized admission of an H-2C nonimmigrant
shall terminate if the alien is unemployed for
60 or more consecutive days.
``(ii) Exception.--The period of authorized
admission of an H-2C nonimmigrant shall not
terminate if the alien is unemployed for 60 or
more consecutive days if the alien submits
documentation to the Secretary of Homeland
Security that establishes that such
unemployment was caused by--
``(I) a period of physical or
mental disability of the alien or the
spouse, son, daughter, or parent (as
defined in section 101 of the Family
and Medical Leave Act of 1993 (29
U.S.C. 2611)) of the alien;
``(II) a period of vacation,
medical leave, maternity leave, or
similar leave from employment
authorized by employer policy, State
law, or Federal law; or
``(III) any other period of
temporary unemployment that is the
direct result of a major disaster or
emergency (as defined under section 532
of the STRIVE Act.
``(B) Return to foreign residence.--Any alien whose
period of authorized admission terminates under
subparagraph (A) shall be required to leave the United
States.
``(C) Period of visa validity.--Any alien, whose
period of authorized admission terminates under
subparagraph (A), who leaves the United States under
subparagraph (B), may reenter the United States as an
H-2C nonimmigrant to work for an employer, if the alien
has complied with the requirements of subsection (b).
``(5) Visits outside the united states.--
``(A) In general.--Under regulations established by
the Secretary of Homeland Security, an H-2C
nonimmigrant--
``(i) may travel outside of the United
States; and
``(ii) may be readmitted without having to
obtain a new visa if the period of authorized
admission has not expired.
``(B) Effect on period of authorized admission.--
Time spent outside the United States under subparagraph
(A) shall not extend the period of authorized admission
in the United States.
``(6) Bars to extension or admission.--An alien may not be
granted H-2C nonimmigrant status, or an extension of such
status, if--
``(A) the alien has violated any material term or
condition of such status granted previously, including
failure to comply with the change of address reporting
requirements under section 265;
``(B) the alien is inadmissible as a nonimmigrant;
or
``(C) the granting of such status or extension of
such status would allow the alien to exceed 6 years as
an H-2C nonimmigrant, unless the alien has resided and
been physically present outside the United States for
at least 1 year after the expiration of such H-2C
nonimmigrant status.
``(e) Evidence of Nonimmigrant Status.--Each H-2C nonimmigrant
shall be issued documentary evidence of nonimmigrant status, which--
``(1) shall be machine-readable, tamper-resistant, and
allow for biometric authentication;
``(2) shall, during the alien's authorized period of
admission under subsection (f), serve as a valid entry document
for the purpose of applying for admission to the United
States--
``(A) instead of a passport and visa if the alien--
``(i) is a national of a foreign territory
contiguous to the United States; and
``(ii) is applying for admission at a land
border port of entry; and
``(B) in conjunction with a valid passport, if the
alien is applying for admission at an air or sea port
of entry;
``(3) may be accepted during the period of its validity by
an employer as evidence of employment authorization and
identity under section 274A(b)(1)(B); and
``(4) shall be issued to the H-2C nonimmigrant by the
Secretary of Homeland Security promptly after final
adjudication of such status or, at the discretion of the
Secretary of Homeland Security, may be issued by the Secretary
of State at a consulate instead of a visa.
``(f) Penalties for Failure To Depart.--If an H-2C nonimmigrant
fails to depart the United States by the date that the alien's
authorized admission as an H-2C nonimmigrant concludes, the visa of the
alien shall be void under section 222(g)(1) and the alien shall be
ineligible to be readmitted to the United States under section
222(g)(2). The alien may be removed if found to be within 1 or more of
the classes of deportable aliens described in section 237.
``(g) Penalty for Illegal Entry or Overstay.--Any alien who
unlawfully enters, attempts to enter, or crosses the border after the
date of the enactment of this section, and is physically present in the
United States after such date in violation of the immigration laws of
the United States, may not receive, for a period of 10 years--
``(1) any relief under section 240A(a), 240A(b)(1), or
240B; or
``(2) nonimmigrant status under section 101(a)(15) (except
subparagraphs (T) and (U)).
``(h) Portability.--A nonimmigrant alien described in this section,
who was previously issued a visa or otherwise provided H-2C
nonimmigrant status, may accept a new offer of employment with a
subsequent employer, if--
``(1) the employer complies with section 218B; and
``(2) the alien, after lawful admission to the United
States, did not work without authorization.
``(i) Change of Address.--An H-2C nonimmigrant shall comply with
the change of address reporting requirements under section 265 through
electronic or paper notification.
``(j) Collection of Fees.--All fees other than the application
filing fee collected under this section shall be deposited in the
Treasury in accordance with section 286(w).''.
(b) Clerical Amendment.--The table of contents Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after
the item relating to section 218 the following:
``Sec. 218A. Admission of H-2C nonimmigrants.''.
SEC. 403. EMPLOYER OBLIGATIONS.
(a) In General.--Title II (8 U.S.C. 1201 et seq.) is amended by
inserting after section 218A, as added by section 402, the following:
``SEC. 218B. EMPLOYER OBLIGATIONS.
``(a) General Requirements.--Each employer who employs an H-2C
nonimmigrant shall--
``(1) file a petition in accordance with subsection (b);
and
``(2) be required to pay--
``(A) an application filing fee for each alien,
based on the cost of carrying out the processing duties
under this subsection; and
``(B) a secondary fee, to be deposited in the
Treasury in accordance with section 286(w), of--
``(i) $250, in the case of an employer
employing 25 employees or less;
``(ii) $500, in the case of an employer
employing between 26 and 150 employees;
``(iii) $750, in the case of an employer
employing between 151 and 500 employees; or
``(iv) $1,000, in the case of an employer
employing more than 500 employees. pay the
appropriate fee.
``(b) Required Procedure.--Except where the Secretary of Labor has
determined that there is a shortage of United States workers in the
occupation and area of intended employment to which the H-2C
nonimmigrant is sought, each employer of H-2C nonimmigrants shall
comply with the following requirements:
``(1) Efforts to recruit united states workers.--During the
period beginning not later than 90 days before the date on
which a petition is filed under subsection (a)(1), and ending
on the date that is 14 days before to such filing date, the
employer involved shall recruit United States workers for the
position for which the H-2C nonimmigrant is sought under the
petition, by--
``(A) submitting a copy of the job opportunity,
including a description of the wages and other terms
and conditions of employment and the minimum education,
training, experience and other requirements of the job,
to the State Employment Service Agency that serves the
area of employment in the State in which the employer
is located;
``(B) authorizing the employment service agency of
the State to post the job opportunity on the Internet
website established under section 405 of the STRIVE
Act, with local job banks, and with unemployment
agencies and other labor referral and recruitment
sources pertinent to the job involved;
``(C) authorizing the employment service agency of
the State to notify--
``(i) labor organizations in the State in
which the job is located; and
``(ii) if applicable, the office of the
local union which represents the employees in
the same or substantially equivalent job
classification of the job opportunity;
``(D) posting the availability of the job
opportunity for which the employer is seeking a worker
in conspicuous locations at the place of employment for
all employees to see;
``(E) advertising the availability of the job
opportunity for which the employer is seeking a worker
in a publication with the highest circulation in the
labor market that is likely to be patronized by a
potential worker for not fewer than 10 consecutive
days; and
``(F) based on recommendations by the local job
service, advertising the availability of the job
opportunity in professional, trade, or ethnic
publications that are likely to be patronized by a
potential worker.
``(2) Efforts to employ united states workers.--An employer
that seeks to employ an H-2C nonimmigrant shall first offer the
job to any eligible United States worker who applies, is
qualified for the job and is available at the time of need,
notwithstanding any other valid employment criteria.
``(c) Petition.--A petition to hire an H-2C nonimmigrant under this
section shall be filed with the Secretary of Labor and shall include an
attestation by the employer of the following:
``(1) Protection of united states workers.--The employment
of an H-2C nonimmigrant--
``(A) will not adversely affect the wages and
working conditions of workers in the United States
similarly employed; and
``(B) did not and will not cause the separation
from employment of a United States worker employed by
the employer within the 180-day period beginning 90
days before the date on which the petition is filed.
``(2) Wages.--
``(A) In general.--The H-2C nonimmigrant will be
paid not less than the greater of--
``(i) the actual wage level paid by the
employer to all other individuals with similar
experience and qualifications for the specific
employment in question; or
``(ii) the prevailing wage level for the
occupational classification in the area of
employment, taking into account experience and
skill levels of employees.
``(B) Calculation.--The wage levels under
subparagraph (A) shall be calculated based on the best
information available at the time of the filing of the
application.
``(C) Prevailing wage level.--For purposes of
subparagraph (A)(ii), the prevailing wage level shall
be determined in accordance as follows:
``(i) If the job opportunity is covered by
a collective bargaining agreement between a
union and the employer, the prevailing wage
shall be the wage rate set forth in the
collective bargaining agreement.
``(ii) If the job opportunity is not
covered by such an agreement and it is on a
project that is covered by a wage determination
under a provision of subchapter IV of chapter
31 of title 40, United States Code, or the
Service Contract Act of 1965 (41 U.S.C. 351 et
seq.), the prevailing wage level shall be the
appropriate statutory wage.
``(iii)(I) If the job opportunity is not
covered by such an agreement and it is not on a
project that is covered by a wage determination
under a provision of subchapter IV of chapter
31 of title 40, United States Code, or the
Service Contract Act of 1965 (41 U.S.C. 351 et
seq.), the prevailing wage level shall be based
on published wage data for the occupation from
the Bureau of Labor Statistics, including the
Occupational Employment Statistics survey,
Current Employment Statistics data, National
Compensation Survey, and Occupational
Employment Projections program. If the Bureau
of Labor Statistics does not have wage data
applicable to such occupation, the employer may
base the prevailing wage level on another wage
survey approved by the Secretary of Labor.
``(II) The Secretary shall promulgate
regulations applicable to approval of such
other wage surveys that require, among other
things, that the Bureau of Labor Statistics
determine such surveys are statistically
viable.
``(3) Working conditions.--All workers in the occupation at
the place of employment at which the H-2C nonimmigrant will be
employed will be provided the working conditions and benefits
that are normal to workers similarly employed in the area of
intended employment.
``(4) Labor dispute.--There is not a strike, lockout, or
work stoppage in the course of a labor dispute in the
occupation at the place of employment at which the H-2C
nonimmigrant will be employed. If such strike, lockout, or work
stoppage occurs following submission of the petition, the
employer will provide notification in accordance with
regulations promulgated by the Secretary of Labor.
``(5) Provision of insurance.--If the position for which
the H-2C nonimmigrant is sought is not covered by the State
workers' compensation law, the employer will provide, at no
cost to the H-2C nonimmigrant, insurance covering injury and
disease arising out of, and in the course of, the worker's
employment, which will provide benefits at least equal to those
provided under the State workers' compensation law for
comparable employment.
``(6) Notice to employees.--
``(A) In general.--The employer has provided notice
of the filing of the petition to the bargaining
representative of the employer's employees in the
occupational classification and area of employment for
which the H-2C nonimmigrant is sought.
``(B) No bargaining representative.--If there is no
such bargaining representative, the employer has--
``(i) posted a notice of the filing of the
petition in a conspicuous location at the place
or places of employment for which the H-2C
nonimmigrant is sought; or
``(ii) electronically disseminated such a
notice to the employer's employees in the
occupational classification for which the H-2C
nonimmigrant is sought.
``(7) Recruitment.--Except where the Secretary of Labor has
determined that there is a shortage of United States workers in
the occupation and area of intended employment for which the H-
2C nonimmigrant is sought--
``(A) there are not sufficient workers who are
able, willing, and qualified, and who will be available
at the time and place needed, to perform the labor or
services involved in the petition; and
``(B) good faith efforts have been taken to recruit
United States workers, in accordance with regulations
promulgated by the Secretary of Labor, which efforts
included--
``(i) the completion of recruitment during
the period beginning on the date that is 90
days before the date on which the petition was
filed with the Department of Homeland Security
and ending on the date that is 14 days before
such filing date; and
``(ii) the actual wage paid by the employer
for the occupation in the areas of intended
employment was used in conducting recruitment.
``(8) Ineligibility.--The employer is not currently
ineligible from using the H-2C nonimmigrant program described
in this section.
``(9) Bonafide offer of employment.--The job for which the
H-2C nonimmigrant is sought is a bona fide job--
``(A) for which the employer needs labor or
services;
``(B) which has been and is clearly open to any
United States worker; and
``(C) for which the employer will be able to place
the H-2C nonimmigrant on the payroll.
``(10) Public availability and records retention.--A copy
of each petition filed under this section and documentation
supporting each attestation, in accordance with regulations
promulgated by the Secretary of Labor, will--
``(A) be provided to every H-2C nonimmigrant
employed under the petition;
``(B) be made available for public examination at
the employer's place of business or work site;
``(C) be made available to the Secretary of Labor
during any audit; and
``(D) remain available for examination for 5 years
after the date on which the petition is filed.
``(11) Notification upon separation from or transfer of
employment.--The employer will notify the Secretary of Labor
and the Secretary of Homeland Security of an H-2C
nonimmigrant's separation from employment or transfer to
another employer not more than 3 business days after the date
of such separation or transfer, in accordance with regulations
promulgated by the Secretary of Homeland Security.
``(12) Actual need for labor or services.--The petition was
filed not more than 60 days before the date on which the
employer needed labor or services for which the H-2C
nonimmigrant is sought.
``(d) Audit of Attestations.--
``(1) Referrals by secretary of homeland security.--The
Secretary of Homeland Security shall refer all approved
petitions for H-2C nonimmigrants to the Secretary of Labor for
potential audit.
``(2) Audits authorized.--The Secretary of Labor may audit
any approved petition referred pursuant to paragraph (1), in
accordance with regulations promulgated by the Secretary of
Labor.
``(e) Ineligible Employers.--
``(1) In general.--The Secretary of Labor shall not approve
an employer's petitions, applications, certifications, or
attestations under any immigrant or nonimmigrant program if the
Secretary of Labor determines, after notice and an opportunity
for a hearing, that the employer submitting such documents--
``(A) has, with respect to the attestations
required under subsection (b)--
``(i) misrepresented a material fact;
``(ii) made a fraudulent statement; or
``(iii) failed to comply with the terms of
such attestations; or
``(B) failed to cooperate in the audit process in
accordance with regulations promulgated by the
Secretary of Labor.
``(2) Length of ineligibility.--An employer described in
paragraph (1) shall be ineligible to participate in the labor
certification programs of the Secretary of Labor for not less
than the time period determined by the Secretary, not to exceed
3 years.
``(3) Employers in high unemployment areas.--The Secretary
of Labor may not approve any employer's petition under
subsection (b) if the work to be performed by the H-2C
nonimmigrant is not agriculture based and is located in a
metropolitan or micropolitan statistical area (as defined by
the Office of Management and Budget) in which the unemployment
rate for workers who have not completed any education beyond a
high school diploma during the most recently completed 6-month
period averaged more than 9.0 percent.
``(f) Regulation of Foreign Labor Contractors.--
``(1) Coverage.--Notwithstanding any other provision of
law--
``(A) an H-2C nonimmigrant is prohibited from being
treated as an independent contractor; and
``(B) no person may treat an H-2C nonimmigrant as
an independent contractor.
``(2) Applicability of laws.--An H-2C nonimmigrant shall
not be denied any right or any remedy under Federal, State, or
local labor or employment law that would be applicable to a
United States worker employed in a similar position with the
employer because of the alien's status as a nonimmigrant
worker.
``(3) Tax responsibilities.--With respect to each employed
H-2C nonimmigrant, an employer shall comply with all applicable
Federal, State, and local tax and revenue laws.
``(g) Whistleblower Protection.--
``(1) Prohibited activities.--It shall be unlawful for an
employer or a labor contractor of an H-2C nonimmigrant to
intimidate, threaten, restrain, coerce, retaliate, discharge,
or in any other manner, discriminate against an employee or
former employee because the employee or former employee--
``(A) discloses information to the employer or any
other person that the employee or former employee
reasonably believes demonstrates a violation of this
Act, the STRIVE Act, or any other Federal labor or
employment law; or
``(B) cooperates or seeks to cooperate in an
investigation or other proceeding concerning compliance
with the requirements of this Act, the STRIVE Act, or
any other Federal labor or employment law.
``(2) Rulemaking.--The Secretary of Labor and the Secretary
of Homeland Security shall jointly promulgate regulations that
establish a process by which a nonimmigrant alien described in
section 101(a)(15)(H) who files a nonfrivolous complaint (as
defined by the Federal Rules of Civil Rules) regarding a
violation of this Act, the STRIVE Act, or any other Federal
labor or employment law, or any other rule or regulation
pertaining to such laws and is otherwise eligible to remain and
work in the United States may be allowed to seek other
appropriate employment in the United States--
``(A) for a period not to exceed the maximum period
of stay authorized for that nonimmigrant
classification; or
``(B) until the conclusion of the proceedings
governing the complaint.
``(h) Labor Recruiters.--
``(1) In general.--Each employer that engages in foreign
labor contracting activity and each foreign labor contractor
shall ascertain and disclose, to each such worker who is
recruited for employment at the time of the worker's
recruitment--
``(A) the place of employment;
``(B) the compensation for the employment;
``(C) a description of employment activities;
``(D) the period of employment;
``(E) any other employee benefit to be provided and
any costs to be charged for each benefit;
``(F) any travel or transportation expenses to be
assessed;
``(G) the existence of any labor organizing effort,
strike, lockout, or other labor dispute at the place of
employment;
``(H) the existence of any arrangement with any
owner, employer, foreign contractor, or its agent where
such person receives a commission from the provision of
items or services to workers;
``(I) the extent to which workers will be
compensated through workers' compensation, private
insurance, or otherwise for injuries or death,
including--
``(i) work related injuries and death
during the period of employment;
``(ii) the name of the State workers'
compensation insurance carrier or the name of
the policyholder of the private insurance;
``(iii) the name and the telephone number
of each person who must be notified of an
injury or death; and
``(iv) the time period within which such
notice must be given;
``(J) any education or training to be provided or
required, including--
``(i) the nature and cost of such training;
``(ii) the entity that will pay such costs;
and
``(iii) whether the training is a condition
of employment, continued employment, or future
employment; and
``(K) a statement, in a form specified by the
Secretary of Labor, describing the protections of this
Act for workers recruited abroad.
``(2) False or misleading information.--No foreign labor
contractor or employer who engages in foreign labor contracting
activity shall knowingly provide materially false or misleading
information to any worker concerning any matter required to be
disclosed in paragraph (1).
``(3) Languages.--The information required to be disclosed
under paragraph (1) shall be provided in writing in English or,
as necessary and reasonable, in the language of the worker
being recruited. The Secretary of Labor shall make forms
available in English, Spanish, and other languages, as
necessary, which may be used in providing workers with
information required under this section.
``(4) Fees.--A person conducting a foreign labor
contracting activity shall not assess any fee to a worker for
such foreign labor contracting activity.
``(5) Terms.--No employer or foreign labor contractor
shall, without justification, violate the terms of any
agreement made by that contractor or employer regarding
employment under this program.
``(6) Travel costs.--If the foreign labor contractor or
employer charges the employee for transportation such
transportation costs shall be reasonable.
``(7) Other worker protections.--
``(A) Notification.--Not less frequently than once
every 2 years, each employer shall notify the Secretary
of Labor of the identity of any foreign labor
contractor engaged by the employer in any foreign labor
contractor activity for, or on behalf of, the employer.
``(B) Registration of foreign labor contractors.--
``(i) In general.--No person shall engage
in foreign labor recruiting activity unless
such person has a certificate of registration
from the Secretary of Labor specifying the
activities that such person is authorized to
perform. An employer who retains the services
of a foreign labor contractor shall only use
those foreign labor contractors who are
registered under this subparagraph.
``(ii) Issuance.--The Secretary shall
promulgate regulations to establish an
efficient electronic process for the
investigation and approval of an application
for a certificate of registration of foreign
labor contractors not later than 14 days after
such application is filed, including--
``(I) requirements under paragraphs
(1), (4), and (5) of section 102 of the
Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1812);
``(II) an expeditious means to
update registrations and renew
certificates; and
``(III) any other requirements that
the Secretary may prescribe.
``(iii) Term.--Unless suspended or revoked,
a certificate under this subparagraph shall be
valid for 2 years.
``(iv) Refusal to issue; revocation;
suspension.--In accordance with regulations
promulgated by the Secretary of Labor, the
Secretary may refuse to issue or renew, or may
suspend or revoke, a certificate of
registration under this subparagraph if--
``(I) the application or holder of
the certification has knowingly made a
material misrepresentation in the
application for such certificate;
``(II) the applicant for, or holder
of, the certification is not the real
party in interest in the application or
certificate of registration and the
real party in interest--
``(aa) is a person who has been refused issuance or renewal of a
certificate;
``(bb) has had a certificate suspended or revoked; or
``(cc) does not qualify for a certificate under this paragraph; or
``(III) the applicant for or holder
of the certification has failed to
comply with this Act.
``(C) Remedy for violations.--An employer engaging
in foreign labor contracting activity and a foreign
labor contractor that violates the provisions of this
subsection shall be subject to remedies for foreign
labor contractor violations under subsections (k) and
(l). If a foreign labor contractor acting as an agent
of an employer violates any provision of this
subsection, the employer shall be subject to remedies
under subsections (k) and (l). An employer that
violates a provision of this subsection relating to
employer obligations shall be subject to remedies under
subsections (k) and (l).
``(D) Employer notification.--An employer shall
notify the Secretary of Labor if the employer becomes
aware of a violation of this subsection by a foreign
labor recruiter.
``(E) Written agreements.--A foreign labor
contractor may not violate the terms of any written
agreements made with an employer relating to any
contracting activity or worker protection under this
subsection.
``(F) Bonding requirement.--The Secretary of Labor
may require a foreign labor contractor to post a bond
in an amount sufficient to ensure the protection of
individuals recruited by the foreign labor contractor.
The Secretary may consider the extent to which the
foreign labor contractor has sufficient ties to the
United States to adequately enforce this subsection.
``(i) Waiver of Rights Prohibited.--An H-2C nonimmigrant may not be
required to waive any rights or protections under this Act. Nothing
under this subsection shall be construed to affect the interpretation
of other laws.
``(j) No Threatening of Employees.--It shall be a violation of this
section for an employer who has filed an attestation with the
Department of Labor as part of the petition process under this section
to threaten the alien beneficiary of such a petition with the
withdrawal of such a petition in retaliation for the beneficiary's
exercise of a right protected by this Act.
``(k) Enforcement.--
``(1) In general.--The Secretary of Labor shall promulgate
regulations for the receipt, investigation, and disposition of
complaints by an aggrieved person respecting a violation of
this section.
``(2) Filing deadline.--No investigation or hearing shall
be conducted on a complaint concerning a violation under this
section unless the complaint was filed not later than 12 months
after the date of such violation.
``(3) Reasonable basis.--The Secretary of Labor shall
conduct an investigation under this subsection if there is
reasonable basis to believe that a violation of this section
has occurred. The process established under this subsection
shall provide that, not later than 30 days after a complaint is
filed, the Secretary shall determine if there is reasonable
cause to find such a violation.
``(4) Notice and hearing.--
``(A) In general.--Not later than 60 days after the
Secretary of Labor makes a determination of reasonable
basis under paragraph (3), the Secretary shall issue a
notice to the interested parties and offer an
opportunity for a hearing on the complaint, in
accordance with section 556 of title 5, United States
Code.
``(B) Complaint.--If the Secretary of Labor, after
receiving a complaint under this subsection, does not
offer the aggrieved person or organization an
opportunity for a hearing under subparagraph (A), the
Secretary shall notify the aggrieved person or
organization of such determination and the aggrieved
person or organization may seek a hearing on the
complaint under procedures established by the Secretary
which comply with the requirements of section 556.
``(C) Hearing deadline.--Not later than 60 days
after the date of a hearing under this paragraph, the
Secretary of Labor shall make a finding on the matter
in accordance with paragraph (5).
``(5) Attorneys' fees.--A complainant who prevails with
respect to a claim under this subsection shall be entitled to
an award of reasonable attorneys' fees and costs.
``(6) Power of the secretary.--The Secretary may bring an
action in any court of competent jurisdiction--
``(A) to seek remedial action, including injunctive
relief;
``(B) to recover the damages described in
subsection (i); or
``(C) to ensure compliance with terms and
conditions described in subsection (g).
``(7) Solicitor of labor.--Except as provided in section
518(a) of title 28, United States Code, the Solicitor of Labor
may appear for and represent the Secretary of Labor in any
civil litigation brought under this subsection. All such
litigation shall be subject to the direction and control of the
Attorney General.
``(8) Procedures in addition to other rights of
employees.--The rights and remedies provided to workers under
this section are in addition to any other contractual or
statutory rights and remedies of the workers, and are not
intended to alter or affect such rights and remedies.
``(l) Penalties.--
``(1) In general.--If, after notice and an opportunity for
a hearing, the Secretary of Labor finds a violation of
subsection (b), (e), (f), or (g), the Secretary may impose
administrative remedies and penalties, including--
``(A) back wages;
``(B) benefits; and
``(C) civil monetary penalties.
``(2) Civil penalties.--The Secretary of Labor may impose,
as a civil penalty--
``(A) for a violation of any of subsections (b)
through (g)--
``(i) a fine in an amount not to exceed
$2,000 per violation per affected worker;
``(ii) if the violation was willful, a fine
in an amount not to exceed $5,000 per violation
per affected worker;
``(iii) if the violation was willful and if
in the course of such violation a United States
worker was harmed, a fine in an amount not to
exceed $25,000 per violation per affected
worker; and
``(B) for a violation of subsection (h)--
``(i) a fine in an amount not less than
$500 and not more than $4,000 per violation per
affected worker;
``(ii) if the violation was willful, a fine
in an amount not less than $2,000 and not more
than $5,000 per violation per affected worker;
and
``(iii) if the violation was willful and if
in the course of such violation a United States
worker was harmed, a fine in an amount not less
than $6,000 and not more than $35,000 per
violation per affected worker.
``(3) Use of civil penalties.--All penalties collected
under this subsection shall be deposited in the Treasury in
accordance with section 286(w).
``(4) Criminal penalties.--If a willful and knowing
violation of subsection (g) causes extreme physical or
financial harm to an individual, the person in violation of
such subsection may be imprisoned for not more than 6 months,
fined in an amount not more than $35,000, or both.
``(m) Increased Penalties.--Any employer of an H-2C nonimmigrant
that is subject to a fine under section 16 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216) or the Occupational Safety and Health Act
of 1970 (29 U.S.C. 666) for a violation affecting such alien, shall be
required to pay a fine equal to twice the fine that would otherwise be
assessed under such sections.
``(n) Definitions.--In this section and in sections 218A, 218C, and
218D:
``(1) Aggrieved person.--term `aggrieved person' means a
person adversely affected by an alleged violation of this
section, including--
``(A) a worker whose job, wages, or working
conditions are adversely affected by the violation; and
``(B) a representative for workers whose jobs,
wages, or working conditions are adversely affected by
the violation who brings a complaint on behalf of such
worker.
``(2) Area of employment.--The terms `area of employment'
and `area of intended employment' mean the area within normal
commuting distance of the worksite or physical location at
which the work of the H-2C worker is or will be performed. If
such worksite or location is within a Metropolitan Statistical
Area, any place within such area is deemed to be within the
area of employment.
``(3) Eligible individual.--The term `eligible individual'
means, with respect to employment, an individual who is not an
unauthorized alien (as defined in section 274A) with respect to
that employment.
``(4) Employ; employee; employer.--The terms `employ',
`employee', and `employer' have the meanings given such terms
in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
``(5) Foreign labor contractor.--The term `foreign labor
contractor' means any person who for any compensation or other
valuable consideration paid or promised to be paid, performs
any foreign labor contracting activity.
``(6) Foreign labor contracting activity.--The term
`foreign labor contracting activity' means recruiting,
soliciting, hiring, employing, or furnishing, an individual who
resides outside of the United States for employment in the
United States as a nonimmigrant alien described in section
101(a)(15)(H)(ii)(c).
``(7) H-2C nonimmigrant.--The term `H-2C nonimmigrant'
means a nonimmigrant described in section 101(a)(15)(H)(ii)(c).
``(8) Separation from employment.--The term `separation
from employment' means the 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. The term
does not include any situation in which the worker is offered,
as an alternative to such loss of employment, a similar
employment opportunity with the same employer at equivalent or
higher compensation and benefits than the position from which
the employee was discharged, regardless of whether the employee
accepts the offer. Nothing in this paragraph shall limit an
employee's rights under a collective bargaining agreement or
other employment contract.
``(9) United states worker.--The term `United States
worker' means an employee who is--
``(A) a citizen or national of the United States;
or
``(B) an alien who is--
``(i) lawfully admitted for permanent
residence;
``(ii) admitted as a refugee under section
207;
``(iii) granted asylum under section 208;
or
``(iv) otherwise authorized, under this Act
or by the Secretary of Homeland Security, to be
employed in the United States.''.
(b) Clerical Amendment.--The table of contents is amended by
inserting after the item relating to section 218A, as added by section
402, the following:
``Sec. 218B. Employer obligations.''.
SEC. 404. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.
(a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended by
inserting after section 218B, as added by section 403, the following:
``SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.
``(a) Establishment.--The Secretary of Homeland Security, in
consultation with the Secretary of Labor, the Secretary of State, and
the Commissioner of Social Security, shall develop and implement a
program (referred to in this section as the `alien employment
management system') to manage and track the employment of aliens
described in sections 218A and 218D.
``(b) Requirements.--The alien employment management system shall--
``(1) collect sufficient information from employers to
enable the Secretary of Homeland Security to determine--
``(A) if the nonimmigrant is employed;
``(B) which employers have hired an H-2C
nonimmigrant;
``(C) the number of H-2C nonimmigrants that an
employer is authorized to hire and is currently
employing;
``(D) the occupation, industry, and length of time
that an H-2C nonimmigrant has been employed in the
United States;
``(2) allow employers to request approval of multiple H-2C
nonimmigrant workers; and
``(3) permit employers to submit applications under this
section in an electronic form.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 218B, as added by section 403, the
following:
``Sec. 218C. Alien employment management system.''.
SEC. 405. RECRUITMENT OF UNITED STATES WORKERS.
(a) Electronic Job Registry.--The Secretary of Labor shall
establish a publicly accessible Web page on the Internet website of the
Department of Labor that provides a single Internet link to each State
workforce agency's statewide electronic registry of jobs available
throughout the United States to United States workers.
(b) Recruitment of United States Workers.--
(1) Posting.--An employer shall attest that the employer
has posted an employment opportunity at a prevailing wage level
(as described in section 218B(b)(2)(C) of the Immigration and
Nationality Act).
(2) Records.--An employer shall maintain records for not
less than 1 year after the date on which an H-2C nonimmigrant
is hired that describe the reasons for not hiring any of the
United States workers who may have applied for such position.
(c) Oversight and Maintenance of Records.--The Secretary of Labor
shall promulgate regulations regarding the maintenance of electronic
job registry records for the purpose of audit or investigation.
(d) Access to Electronic Job Registry.--The Secretary of Labor
shall ensure that job opportunities advertised on an electronic job
registry established under this section are accessible--
(1) by the State workforce agencies, which may further
disseminate job opportunity information to other interested
parties; and
(2) through the Internet, for access by workers, employers,
labor organizations, and other interested parties.
SEC. 406. NUMERICAL LIMITATIONS.
Section 214(g)(1) (8 U.S.C. 1184(g)) is amended--
(1) by striking ``(beginning with fiscal year 1992)'';
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) under section 101(a)(15)(H)(ii)(c), may not
exceed--
``(i) 400,000 for the first fiscal year in
which the program is implemented;
``(ii) in any subsequent fiscal year,
subject to clause (iii)--
``(I) if the total number of visas
allocated for that fiscal year are
allotted within the first quarter of
that fiscal year, then an additional 20
percent of the allocated number shall
be made available immediately and the
allocated amount for the following
fiscal year shall increase by 20
percent of the original allocated
amount in the prior fiscal year;
``(II) if the total number of visas
allocated for that fiscal year are
allotted within the second quarter of
that fiscal year, then an additional 15
percent of the allocated number shall
be made available immediately and the
allocated amount for the following
fiscal year shall increase by 15
percent of the original allocated
amount in the prior fiscal year;
``(III) if the total number of
visas allocated for that fiscal year
are allotted within the third quarter
of that fiscal year, then an additional
10 percent of the allocated number
shall be made available immediately and
the allocated amount for the following
fiscal year shall increase by 10
percent of the original allocated
amount in the prior fiscal year;
``(IV) if the total number of visas
allocated for that fiscal year are
allotted within the last quarter of
that fiscal year, the allocated amount
for the following fiscal year shall
increase by 10 percent of the original
allocated amount in the prior fiscal
year; and
``(V) with the exception of the
first subsequent fiscal year to the
fiscal year in which the program is
implemented, if fewer visas were
allotted the previous fiscal year than
the number of visas allocated for that
year and the reason was not due to
processing delays or delays in
promulgating regulations, then the
allocated amount for the following
fiscal year shall decrease by 10
percent of the allocated amount in the
prior fiscal year; and
``(iii) 600,000 for any fiscal year.''.
SEC. 407. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS.
Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255)
is amended by adding at the end the following:
``(n)(1) For purposes of adjustment of status under subsection (a),
employment-based immigrant visas shall be made available to an alien
having nonimmigrant status described in section 101(a)(15)(H)(ii)(c)
upon the filing of a petition for such a visa--
``(A) by the alien's employer; or
``(B) by the alien, if the alien has been employed as an H-
2C nonimmigrant in the United States for a cumulative total of
5 years.
``(2) An alien applying for adjustment of status under paragraph
(1)(B) shall--
``(A) pay an application fee of $500 which shall be
credited to the State Impact Assistance Account established
under section 286(x), in addition to the fee established by the
Secretary of Homeland Security to process an application for
adjustment of status;
``(B) be physically present in the United States;
``(C) establish evidence of employment; and
``(D)(i) meet the requirements under section 312; or
``(ii) be satisfactorily pursuing a course of study to
achieve such an understanding of English and knowledge and
understanding of the history and government of the United
States.
``(3)(A) Notwithstanding any other provision of this section, an
alien described in paragraph (1)(B) shall be considered, at the time of
obtaining the status of an alien lawfully admitted for permanent
residence, to have obtained such status on a conditional basis for a
period not to exceed two years subject to the provisions of this
subsection.
``(B) In order for the conditional basis established under this
subsection for an alien to be removed, the alien shall submit to the
Secretary, during the 90-day period before the second anniversary of
the alien's obtaining the status of lawful admission for permanent
residence, a petition which requests the removal of such conditional
basis and states, under penalty of perjury, the facts and information
described in subparagraph (G).
``(C) In the case of an alien with permanent resident status on a
conditional basis under this subsection, if no petition is filed with
respect to the alien in accordance with the provisions of this
paragraph, status shall be terminated.
``(D) In any removal proceeding with respect to an alien whose
permanent resident status is terminated under subparagraph (B), the
burden of proof shall be on the alien to establish compliance with the
conditions of this subsection.
``(E) If the Secretary determines that such facts and information
are true, the Secretary shall so notify the parties involved and shall
remove the conditional basis of the party effective as of the second
anniversary of the alien's obtaining the status of lawful admission for
permanent residence
``(F) If the Secretary determines that such facts and information
are not true, the Secretary shall so notify the parties involved and,
shall terminate the permanent resident status of an alien as of the
date of the determination.
``(G) Each petition under this paragraph for removal of conditional
status shall contain the following facts and information:
``(i) Evidence of continued employment.
``(ii) Evidence of employment in an area that is not a high
unemployment area described in section 218B.
``(iii) Evidence of compliance with--
``(I) section 602(g) of the STRIVE Act of 2007,
regarding payment of income taxes
``(II) section 602(h) of such Act, regarding basic
citizenship skills
``(III) section 602(i) of such Act, regarding
security and law enforcement background checks;
``(IV) section 602(j) of such Act, regarding
military selective service; and
``(V) section 602(k) of such Act, regarding
treatment of conditional nonimmigrant dependents.
``(4) An alien shall demonstrate evidence of employment in
accordance with section 602(a)(3) of the STRIVE Act. It is the sense of
the Congress that the requirement under this paragraph should be
interpreted and implemented in a manner that recognizes and takes into
account the difficulties encountered by aliens in obtaining evidence of
employment. Such alien shall prove, by a preponderance of the evidence,
that the alien has satisfied the requirements of this subsection. An
alien may meet such burden of proof by producing sufficient evidence to
demonstrate such employment as a matter of reasonable inference.
``(5) An alien who demonstrates that the alien meets the
requirements of section 312 may be considered to have satisfied the
requirements of that section for purposes of becoming naturalized as a
citizen of the United States under title III.
``(6) Filing a petition under paragraph (1) on behalf of an alien
or otherwise seeking permanent residence in the United States for such
alien shall not constitute evidence of the alien's ineligibility for
nonimmigrant status under section 101(a)(15)(H)(ii)(c).
``(7) The limitation regarding the period of authorized stay under
section 218D(9)(d) shall not apply to an H-2C nonimmigrant if--
``(A) a labor certification petition filed under section
203(b) on behalf of such alien is pending;
``(B) an immigrant visa petition filed under section 204(b)
on behalf of such alien is pending; or
``(C) an application for adjustment of status under
paragraph (1)(B) is pending.
``(8) The Secretary of Homeland Security shall extend the stay of
an alien who qualifies for an exemption under paragraph (6) in 1-year
increments until a final decision is made on the alien's lawful
permanent residence.
``(9) Nothing in this subsection shall be construed to prevent an
alien having nonimmigrant status described in section
101(a)(15)(H)(ii)(c) from filing an application for adjustment of
status under this section in accordance with any other provision of
law.''.
SEC. 408. REQUIREMENTS FOR PARTICIPATING COUNTRIES.
(a) In General.--The Secretary of State, in cooperation with the
Secretary and the Attorney General, shall negotiate with each home
country of aliens described in section 101(a)(15)(H)(ii)(c) of the
Immigration and Nationality Act, as added by section 401, to enter into
a bilateral agreement with the United States that conforms to the
requirements under subsection (b).
(b) Requirements of Bilateral Agreements.--Each agreement
negotiated under subsection (a) shall require the participating home
country to--
(1) accept the return of nationals who are ordered removed
from the United States within 3 days of such removal;
(2) cooperate with the United States Government to--
(A) identify, track, and reduce gang membership,
violence, and human trafficking and smuggling; and
(B) control illegal immigration;
(3) provide the United States Government with--
(A) passport information and criminal records of
aliens who are seeking admission to, or are present in,
the United States; and
(B) admission and entry data to facilitate United
States entry-exit data systems;
(4) educate nationals of the home country regarding United
States temporary worker programs to ensure that such nationals
are not exploited; and
(5) evaluate means to provide housing incentives in the
alien's home country for returning workers.
SEC. 409. COMPLIANCE INVESTIGATORS.
The Secretary of Labor, subject to the availability of
appropriations for such purpose, shall annually increase, by not less
than 2,000, the number of positions for compliance investigators
dedicated to enforcing compliance with this title, and the amendments
made by this title.
SEC. 410. STANDING COMMISSION ON IMMIGRATION AND LABOR MARKETS.
(a) Establishment of Commission.--
(1) In general.--There is established an independent
Federal agency within the Executive Branch to be known as the
Standing Commission on Immigration and Labor Markets (referred
to in this section as the ``Commission'').
(2) Purposes.--The purposes of the Commission are--
(A) to study the new worker program established
under this title to admit H-2C nonimmigrants (referred
to in this section as the ``Program'');
(B) to make recommendations to the President and
Congress with respect to the Program.
(3) Membership.--The Commission shall be composed of--
(A) 6 voting members--
(i) who shall be appointed by the
President, with the advice and consent of the
Senate, not later than 6 months after the
establishment of the Program;
(ii) who shall serve for 3-year staggered
terms, which can be extended for 1 additional
3-year term;
(iii) who shall select a Chair from among
the voting members to serve a 2-year term,
which can be extended for 1 additional 2-year
term;
(iv) who shall have expertise in economics,
demography, labor, business, or immigration or
other pertinent qualifications or experience;
(v) who may not be an employee of the
Federal Government or of any State or local
government; and
(vi) not more than 3 of whom may be members
of the same political party.
(B) 7 ex-officio members, including--
(i) the Secretary;
(ii) the Secretary of State;
(iii) the Attorney General;
(iv) the Secretary of Labor;
(v) the Secretary of Commerce;
(vi) the Secretary of Health and Human
Services; and
(vii) the Secretary of Agriculture.
(4) Vacancies.--Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(5) Meetings.--
(A) Initial meeting.--The Commission shall meet and
begin carrying out the duties described in subsection
(b) as soon as practicable.
(B) Subsequent meetings.--After its initial
meeting, the Commission shall meet upon the call of the
Chair or a majority of its members.
(C) Quorum.--Four voting members of the Commission
shall constitute a quorum.
(b) Duties of the Commission.--The Commission shall--
(1) examine and analyze--
(A) the development and implementation of the
Program;
(B) the criteria for the admission of temporary
workers under the Program;
(C) the formula for determining the annual
numerical limitations of the Program;
(D) the impact of the Program on immigration;
(E) the impact of the Program on the economy,
unemployment rate, wages, workforce, and businesses of
the United States; and
(F) any other matters regarding the Program that
the Commission considers appropriate;
(2) not later than February 1, 2009, and every 2 years
thereafter, submit a report to the President and Congress
that--
(A) contains the findings of the analysis conducted
under paragraph (1);
(B) makes recommendations regarding the necessary
adjustments to the numerical limits of the Program in
section 214(g)(1)(C) of the Immigration and Nationality
Act, as added by section 406, to meet the labor market
needs of the United States; and
(C) makes other recommendations regarding the
Program, including legislative or administrative
action, that the Commission determines to be in the
national interest.
(3) upon receiving a request from Congress, examine,
analyze, and report findings or recommendations regarding any
other employment-based immigration and visa program.
(c) Information and Assistance From Federal Agencies.--
(1) Information.--The head of any Federal department or
agency that receives a request from the Commission for
information, including suggestions, estimates, and statistics,
as the Commission considers necessary to carry out the
provisions of this section, shall furnish such information to
the Commission, to the extent allowed by law.
(2) Assistance.--
(A) General services administration.--The
Administrator of General Services shall, on a
reimbursable basis, provide the Commission with
administrative support and other services for the
performance of the Commission's functions.
(B) Other federal agencies.--The departments and
agencies of the United States may provide the
Commission with such services, funds, facilities,
staff, and other support services as the heads of such
departments and agencies determine advisable and
authorized by law.
(d) Personnel Matters.--
(1) Staff.--
(A) Appointment and compensation.--The Chair, in
accordance with rules agreed upon by the Commission,
may appoint and fix the compensation of a staff
director and such other personnel as may be necessary
to enable the Commission to carry out its functions.
(B) Federal employees.--
(i) In general.--Except as provided under
clause (ii), the executive director and any
personnel of the Commission who are employees
shall be considered to be employees under
section 2105 of title 5, United States Code,
for purposes of chapters 63, 81, 83, 84, 85,
87, 89,and 90 of such title.
(ii) Commission members .--Clause (i) shall
not apply to members of the Commission.
(2) Detailees.--Any employee of the Federal Government may
be detailed to the Commission without reimbursement from the
Commission. Such detailee shall retain the rights, status, and
privileges of his or her regular employment without
interruption.
(3) Consultant services.--The Commission may procure the
services of experts and consultants in accordance with section
3109 of title 5, United States Code, at rates not to exceed the
daily rate paid a person occupying a position at level IV of
the Executive Schedule under section 5315 of such title 5.
(e) Compensation and Travel Expenses.--
(1) Compensation.--Each voting member of the Commission may
be compensated at a rate not to exceed the daily equivalent of
the annual rate of basic pay in effect for a position at level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(2) Travel expenses.--Members of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses
under section 5703(b) of title 5, United States Code, while
away from their homes or regular places of business in the
performance of services for the Commission.
(f) Determination of New Levels of Program Visas.--The numeric
levels for visas under the Program shall be set automatically for the
first fiscal year beginning after the report is submitted under
subsection (b)(2) based on the numeric levels determined in the most
recent fiscal year, as adjusted by section 214(g)(1)(C) of the
Immigration and Nationality Act, unless Congress enacts legislation
before September 30, 2009, that--
(1) establishes the baseline numeric levels of Program
visas for such fiscal year; and
(2) makes amendments, as necessary, to such section
214(g)(1)(C).
(g) Funding.--Fees and fines deposited into the New Worker and
Conditional Nonimmigrants Fee Account under section 286(w)(3)(B) of the
Immigration and Nationality Act may be used by the Commission to carry
out its duties under this section.
SEC. 411. ADMISSION OF NONIMMIGRANTS.
(a) Presumption of Nonimmigrant Status.--Section 214(b) (8 U.S.C.
1184(b)) is amended by striking ``and other than'' and inserting ``a
nonimmigrant described in section 101(a)(15)(H)(ii)(c)), and''.
(b) Evidence To Abandon Foreign Residence.--Section 214(h) (8
U.S.C. 1184(h)) is amended by striking ``H(i)(b) or (c),'' and
inserting ``(H)(i)(b), H(i)(c), (H)(ii)(c),''.
SEC. 412. AGENCY REPRESENTATION AND COORDINATION.
Section 274A(e) (8 U.S.C. 1324a(e)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking the comma at
the end and inserting a semicolon;
(B) in subparagraph (B), by striking ``, and'' and
inserting a semicolon;
(C) in subparagraph (C), by striking ``paragraph
(2).'' And inserting ``paragraph (1); and''; and
(D) by inserting after subparagraph (C) the
following:
``(D) United States Immigration and Customs
Enforcement officials may not misrepresent to employees
or employers that they are a member of any agency or
organization that provides domestic violence services,
enforces health and safety law or other labor laws,
provides health care services, or any other services
intended to protect life and safety.''; and
(2) by adding at the end the following:
``(10) Coordination.--An investigation under paragraph
(1)(C) shall be coordinated with the appropriate regional
office of the National Labor Relations Board, the Department of
Labor, and all relevant State and local agencies that are
charged with enforcing workplace standards. Evidence gathered
from such agencies shall be considered in determining whether
the entity under investigation has violated subsection (a).''.
SEC. 413. SENSE OF CONGRESS REGARDING PERSONAL PROTECTIVE EQUIPMENT.
(a) In General.--It is the sense of the Congress that the Secretary
of Labor, not later than 90 days after the date of the enactment of
this Act, should amend section 1910.132(a) of title 29, Code of Federal
Regulations, to require employers to provide personal protective
equipment to employees at no cost. Any future regulation promulgated
under such section should require such equipment be provided to
employees at no cost.
(b) Defined Term.--In this section, the term ``personal protective
equipment'' has the meaning given the term in section 1910.132(a) of
title 29, Code of Federal Regulations (or any corresponding similar
regulation or ruling).
SEC. 414. RULEMAKING; EFFECTIVE DATE.
(a) Rulemaking.--Not later than 6 months after the date of
enactment of the STRIVE Act, the Secretary of Labor shall promulgate
regulations, in accordance with the notice and comment provisions of
section 553 of title 5, United States Code, to carry out the provisions
of sections 218A and 218B of the Immigration and Nationality Act, as
added by this title.
(b) Effective Date.--The amendments made by sections 402, 403, and
404 shall take effect on the date that is 1 year after the date of the
enactment of this Act with regard to aliens, who, on such effective
date, are in the foreign country where they maintain residence.
SEC. 415. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
TITLE V--VISA REFORMS
Subtitle A--Backlog Reduction
SEC. 501. ELIMINATION OF EXISTING BACKLOGS.
(a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 1151(c))
is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--The
worldwide level of family-sponsored immigrants under this subsection
for a fiscal year is equal to the sum of--
``(1) 480,000;
``(2) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during the
previous fiscal year;
``(3) the difference between--
``(A) the maximum number of visas authorized to be
issued under this subsection during fiscal years 2001
through 2005 minus the number of visas issued under
this subsection during those fiscal years; and
``(B) the number of visas calculated under
subparagraph (A) that were issued after fiscal year
2005.''.
(b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 1151(d))
is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--The worldwide level of employment-based
immigrants under this subsection for a fiscal year is equal to
the sum of--
``(A) 290,000;
``(B) the difference between the maximum number of
visas authorized to be issued under this subsection
during the previous fiscal year and the number of visas
issued during the previous fiscal year; and
``(C) the difference between--
``(i) the maximum number of visas
authorized to be issued under this subsection
during fiscal years 2001 through 2005 and the
number of visa numbers issued under this
subsection during those fiscal years; and
``(ii) the number of visas calculated under
clause (i) that were issued after fiscal year
2005.
``(2) Visas for spouses and children.--
``(A) In general.--Except as provided in
subparagraph (B), immigrant visas issued on or after
October 1, 2004, to spouses and children of employment-
based immigrants shall not be counted against the
numerical limitation set forth in paragraph (1).
``(B) Numerical limitation.--The total number of
visas issued under paragraph (A) may not exceed 800,000
during any fiscal year.''.
(c) Exception to Nondiscrimination.--Section 202(a)(1)(A) (8 U.S.C.
1152(a)(1)(A)) is amended by striking ``201(b)(2)(A)(i)'' and inserting
``201(b), 201(d)(2)(A)''.
SEC. 502. INCREASING COUNTRY LIMITS AND EXEMPTING FAMILY-SPONSORED AND
EMPLOYMENT-BASED IMMIGRANTS.
Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is amended by striking
``may not exceed 7 percent'' and all that follows and inserting ``,
except for aliens described in subsections (b) and (d)(2)(A) of section
201, may not exceed 10 percent (in the case of a single foreign state)
or 5 percent (in the case of a dependent area) of the total number of
such visas made available under such subsections in that fiscal
year.''.
SEC. 503. ALLOCATION OF IMMIGRANT VISAS.
(a) Preference Allocation for Family-Sponsored Immigrants.--Section
203(a) (8 U.S.C. 1153(a)) is amended to read as follows:
``(a) Preference Allocations for Family-Sponsored Immigrants.--
Aliens subject to the worldwide level set forth in section 201(c) for
family-sponsored immigrants shall be allocated visas as follows:
``(1) Unmarried sons and daughters of citizens.--Qualified
immigrants who are the unmarried sons or daughters of citizens
of the United States shall be allocated visas in a quantity not
to exceed the sum of--
``(A) 10 percent of such worldwide level; and
``(B) any visas not required for the class
specified in paragraph (4).
``(2) Spouses and unmarried sons and daughters of permanent
resident aliens.--
``(A) In general.--Visas in a quantity not to
exceed 50 percent of such worldwide level plus any
visas not required for the class specified in paragraph
(1) shall be allocated to qualified immigrants who
are--
``(i) the spouses or children of an alien
lawfully admitted for permanent residence; or
``(ii) the unmarried sons or daughters of
an alien lawfully admitted for permanent
residence.
``(B) Minimum percentage.--Visas allocated to
individuals described in subparagraph (A)(i) shall
constitute not less than 77 percent of the visas
allocated under this paragraph.
``(3) Married sons and daughters of citizens.--Qualified
immigrants who are the married sons and daughters of citizens
of the United States shall be allocated visas in a quantity not
to exceed the sum of--
``(A) 10 percent of such worldwide level; and
``(B) any visas not required for the classes
specified in paragraphs (1) and (2).
``(4) Brothers and sisters of citizens.--Qualified
immigrants who are the brothers or sisters of a citizen of the
United States who is at least 21 years of age shall be
allocated visas in a quantity not to exceed 30 percent of the
worldwide level.''.
(b) Preference Allocation for Employment-Based Immigrants.--Section
203(b) (8 U.S.C. 1153(b)) is amended--
(1) in paragraph (1), by striking ``28.6 percent'' and
inserting ``15 percent'';
(2) in paragraph (2)(A), by striking ``28.6 percent'' and
inserting ``15 percent'';
(3) in paragraph (3)(A)--
(A) by striking ``28.6 percent'' and inserting ``35
percent''; and
(B) by striking clause (iii);
(4) by striking paragraph (4);
(5) by redesignating paragraph (5) as paragraph (4);
(6) in paragraph (4)(A), as redesignated, by striking ``7.1
percent'' and inserting ``5 percent'';
(7) by inserting after paragraph (4), as redesignated, the
following:
``(5) Other workers.--
``(A) In general.--Visas shall be made available,
in a number not to exceed 30 percent of such worldwide
level, plus any visa numbers not required for the
classes specified in paragraphs (1) through (4), to
qualified immigrants who are capable, at the time of
petitioning for classification under this paragraph, of
performing unskilled labor that is not of a temporary
or seasonal nature, for which qualified workers are
determined to be unavailable in the United States.
``(B) Priority in allocating visas.--In allocating
visas under subparagraph (A) for each of the fiscal
years 2007 through 2017, the Secretary shall reserve 30
percent of such visas for qualified immigrants who were
physically present in the United States before January
7, 2004.''; and
(8) by striking paragraph (6).
(c) Special Immigrants Not Subject to Numerical Limitations.--
Section 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A)) is amended by striking
``subparagraph (A) or (B) of''.
(d) Temporary Increase in Number of Iraqi and Afghan Translators
Who May Be Provided Status as Special Immigrants.--Section 1059(c)(1)
of the National Defense Authorization Act for Fiscal Year 2006 (8
U.S.C. 1101 note) is amended by striking ``during any fiscal year shall
not exceed 50.'' and inserting the following: ``may not exceed--
``(A) 300 during each of the fiscal years 2007,
2008, and 2009; and
``(B) 50 during any subsequent fiscal year.''.
(e) Conforming Amendments.--
(1) Definition of special immigrant.--Section 101(a)(27)(M)
(8 U.S.C. 1101(a)(27)(M)) is amended by striking ``subject to
the numerical limitations of section 203(b)(4),''.
(2) Repeal of temporary reduction in workers' visas.--
Section 203(e) of the Nicaraguan Adjustment and Central
American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) is
repealed.
SEC. 504. NURSING SHORTAGE.
(a) Exception to Direct Numerical Limitations.--Section 201(b)(1)
(8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
``(F)(i) During the period beginning on the date of the
enactment the STRIVE Act and ending on September 30, 2017, an
alien--
``(I) who is otherwise described in section 203(b);
and
``(II) who is seeking admission to the United
States to perform labor in shortage occupations
designated by the Secretary of Labor for blanket
certification under section 212(a)(5)(A) due to the
lack of sufficient United States workers able, willing,
qualified, and available for such occupations and for
which the employment of aliens will not adversely
affect the terms and conditions of similarly employed
United States workers.
``(ii) During the period described in clause (i), the
spouse or dependents of an alien described in clause (i), if
accompanying or following to join such alien.''.
(b) Exception to Nondiscrimination Requirements.--Section
202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by striking
``201(b)(2)(A)(i)'' and inserting ``201(b)''.
(c) Exception to Per Country Levels for Family-Sponsored and
Employment-Based Immigrants.--Section 202(a)(2) (8 U.S.C. 1152(a)(2)),
as amended by section 502, is further amended by inserting ``, except
for aliens described in section 201(b),'' after ``any fiscal year''.
(d) Increasing the Domestic Supply of Nurses and Physical
Therapists.--Not later than January 1, 2007, the Secretary of Health
and Human Services shall--
(1) submit to Congress a report on the source of newly
licensed nurses and physical therapists in each State, which
report shall--
(A) include the past 3 years for which data are
available;
(B) provide separate data for each occupation and
for each State;
(C) separately identify those receiving their
initial license and those licensed by endorsement from
another State;
(D) within those receiving their initial license in
each year, identify the number who received their
professional education in the United States and those
who received such education outside the United States;
and
(E) to the extent possible, identify, by State of
residence and country of education, the number of
nurses and physical therapists who were educated in any
of the 5 countries (other than the United States) from
which the most nurses and physical therapists arrived;
(F) identify the barriers to increasing the supply
of nursing faculty, domestically trained nurses, and
domestically trained physical therapists;
(G) recommend strategies to be followed by Federal
and State governments that would be effective in
removing such barriers, including strategies that
address barriers to advancement to become registered
nurses for other health care workers, such as home
health aides and nurses assistants;
(H) recommend amendments to Federal legislation
that would increase the supply of nursing faculty,
domestically trained nurses, and domestically trained
physical therapists;
(I) recommend Federal grants, loans, and other
incentives that would provide increases in nurse
educators, nurse training facilities, and other steps
to increase the domestic education of new nurses and
physical therapists;
(J) identify the effects of nurse emigration on the
health care systems in their countries of origin; and
(K) recommend amendments to Federal law that would
minimize the effects of health care shortages in the
countries of origin from which immigrant nurses
arrived;
(2) enter into a contract with the National Academy of
Sciences Institute of Medicine to determine the level of
Federal investment under titles VII and VIII of the Public
Health Service Act necessary to eliminate the domestic nursing
and physical therapist shortage not later than 7 years from the
date on which the report is published; and
(3) collaborate with other agencies, as appropriate, in
working with ministers of health or other appropriate officials
of the 5 countries from which the most nurses and physical
therapists arrived, to--
(A) address health worker shortages caused by
emigration;
(B) ensure that there is sufficient human resource
planning or other technical assistance needed to reduce
further health worker shortages in such countries.
(e) Authority of Consular Officer To Grant Preference Status.--
Section 204(b) of the Immigration and Nationality Act (8 U.S.C.
1154(b)) is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) Notwithstanding paragraph (1), for individual
beneficiaries outside of the United States seeking
classification under section 203(b) who will perform labor in
shortage occupations designated by the Secretary of Labor for
blanket certification under section 212(a)(5)(A) as lacking
sufficient United States workers able, willing, qualified, and
available for such occupations and for which the employment of
aliens will not adversely affect the terms and conditions of
similarly employed United States workers, a consular officer,
upon petition of the importing employer, shall have authority
to determine eligibility if the officer determines that the
facts stated in the petition are true and the alien is eligible
for the preference. The consular officer shall also have
authority to grant the preference status.''.
SEC. 505. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS OF
EXTRAORDINARY ARTISTIC ABILITY.
Section 214(c) (8 U.S.C. 1184(c)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (6)(D)--
(A) by striking ``Any person'' and inserting ``(i)
Except as provided in clause (ii), any person''; and
(B) adding at the end the following:
``(ii) The Secretary of Homeland Security shall adjudicate
each petition for an alien with extraordinary ability in the
arts (as described in section 101(a)(15)(O)(i)), an alien
accompanying such an alien (as described in clauses (ii) and
(iii) of section 101(a)(15)(O)), or an alien described in
section 101(a)(15)(P) not later than 30 days after--
``(I) the date on which the petitioner submits the
petition with a written advisory opinion, letter of no
objection, or request for a waiver; or
``(II) the date on which the 15-day period
described in clause (i) has expired, if the petitioner
has had an opportunity, as appropriate, to supply
rebuttal evidence.
``(iii) If a petition described in clause (ii) is not
adjudicated before the end of the 30-day period described in
clause (ii) and the petitioner is a qualified nonprofit
organization or an individual or entity petitioning primarily
on behalf of a qualified nonprofit organization, the Secretary
of Homeland Security shall provide the petitioner with the
premium-processing services referred to in section 286(u),
without a fee.''.
SEC. 506. POWERLINE WORKERS AND BOILERMAKERS.
Section 214(e) (8 U.S.C. 1184(e)) is amended by adding at the end
the following:
``(7) A citizen of Canada shall be admitted in the same manner and
under the same authority as a citizen of Canada described in paragraph
(2) if the citizen--
``(A) is a powerline worker or boilermaker;
``(B) has received significant training; and
``(C) seeks admission to the United States to perform
powerline repair and maintenance services or boilermaker repair
or maintenance services.''.
SEC. 507. H-1B VISAS.
(a) In General.--Section 214(g)(5) (8 U.S.C. 1184(g)(5)) is
amended--
(1) in subparagraph (B)--
(A) by striking ``nonprofit research'' and
inserting ``nonprofit'';
(B) by inserting ``Federal, State, or local''
before ``governmental''; and
(C) by striking ``or'' at the end;
(2) in subparagraph (C)--
(A) by striking ``until the number of aliens who
are exempted from such numerical limitation during such
fiscal year exceeds 20,000.'' and inserting ``or has
been awarded a medical specialty certification based on
post-doctoral training and experience in the United
States.''; and
(B) by striking the period at the end and inserting
``; or''; and
(3) by adding at the end the following:
``(D) has earned a master's or higher degree in science,
technology, engineering, or mathematics from an institution of
higher education outside of the United States.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply to any petition or visa application pending on the date of
enactment of this Act and any petition or visa application filed on or
after such date.
(c) Market-Based Visa Limits.--Section 214(g) (8 U.S.C. 1184(g)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``(beginning with fiscal year 1992)''; and
(B) by amending subparagraph (A) to read as
follows:
``(A) under section 101(a)(15)(H)(i)(b), may not
exceed--
``(i) 115,000 in fiscal year 2007; and
``(ii) the sum of 115,000 and the number
calculated under paragraph (9) in fiscal year
2008 and each subsequent fiscal year;''.
(2) in paragraph (8)--
(A) in subparagraph (B), by striking clause (iv);
and
(B) by striking subparagraph (D);
(3) by redesignating paragraphs (9), (10), and (11) as
paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
``(9) If the numerical limitation in paragraph (1)(A)--
``(A) is reached during a given fiscal year, the
numerical limitation under paragraph (1)(A) for the
subsequent fiscal year shall be equal to 120 percent of
the numerical limitation of the given fiscal year, not
to exceed 180,000; or
``(B) is not reached during a given fiscal year,
the numerical limitation under paragraph (1)(A) for the
subsequent fiscal year shall be equal to the numerical
limitation of the given fiscal year.''.
SEC. 508. UNITED STATES EDUCATED IMMIGRANTS.
(a) Exemption From Numerical Limitations.--
(1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)),
as amended by section 504(a), is further amended by adding at
the end the following:
``(G) Aliens who have earned a master's or higher degree
from an accredited university in the United States.
``(H) Aliens who have been awarded medical specialty
certification based on post-doctoral training and experience in
the United States preceding their application for an immigrant
visa under section 203(b).
``(I) Aliens who will perform labor in shortage occupations
designated by the Secretary of Labor for blanket certification
under section 212(a)(5)(A) as lacking sufficient United States
workers able, willing, qualified, and available for such
occupations and for which the employment of aliens will not
adversely affect the terms and conditions of similarly employed
United States workers.
``(J) Aliens who have earned a master's degree or higher in
science, technology, engineering, or math and have been working
in a related field in the United States in a nonimmigrant
status during the 3-year period preceding their application for
an immigrant visa under section 203(b).
``(K) Aliens described in subparagraph (A) or (B) of
section 203(b)(1) or who have received a national interest
waiver under section 203(b)(2)(B).
``(L) The spouse and minor children of an alien described
in subparagraph (G), (H), (I), (J), or (K).''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any visa application--
(A) pending on the date of the enactment of this
Act; or
(B) filed on or after such date of enactment.
(b) Labor Certifications.--Section 212(a)(5)(A)(ii) (8 U.S.C.
1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking ``, or'' and inserting a
semicolon;
(2) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(III) is a member of the
professions and has a master's degree
or higher from an accredited university
in the United States or has been
awarded medical specialty certification
based on post-doctoral training and
experience in the United States.''.
(c) Attestation by Healthcare Workers.--
(1) Requirement for attestation.--Section 212(a)(5) (8
U.S.C. 1182(a)(5)) is amended by adding at the end the
following:
``(E) Healthcare workers with other obligations.--
``(i) In general.--An alien who seeks to
enter the United States for the purpose of
performing labor as a physician or other
healthcare worker is inadmissible unless the
alien submits to the Secretary of Homeland
Security or the Secretary of State, as
appropriate, an attestation that the alien is
not seeking to enter the United States for such
purpose during any period in which the alien
has an outstanding obligation to the government
of the alien's country of origin or the alien's
country of residence.
``(ii) Obligation defined.--In this
subparagraph, the term `obligation' means an
obligation incurred as part of a valid,
voluntary individual agreement in which the
alien received financial assistance to defray
the costs of education or training to qualify
as a physician or other healthcare worker in
consideration for a commitment to work as a
physician or other healthcare worker in the
alien's country of origin or the alien's
country of residence.
``(iii) Waiver.--The Secretary of Homeland
Security may waive a finding of inadmissibility
under clause (i) if the Secretary determines
that--
``(I) the obligation was incurred
by coercion or other improper means;
``(II) the alien and the government
of the country to which the alien has
an outstanding obligation have reached
a valid, voluntary agreement, pursuant
to which the alien's obligation has
been deemed satisfied, or the alien has
shown to the satisfaction of the
Secretary that the alien has been
unable to reach such an agreement
because of coercion or other improper
means; or
``(III) the obligation should not
be enforced due to other extraordinary
circumstances, including undue hardship
that would be suffered by the alien in
the absence of a waiver.''.
(2) Effective date and application.--
(A) Effective date.--The amendment made by
paragraph (1) shall become effective 180 days after the
date of the enactment of this Act.
(B) Application by the secretary.--The Secretary
shall begin to carry out section 212(a)(5)(E) of the
Immigration and Nationality Act, as added by paragraph
(1), not later than the effective date described in
subparagraph (A), including the requirement for the
attestation and the granting of a waiver described in
such section, regardless of whether regulations to
implement such section have been promulgated.
SEC. 509. STUDENT VISA REFORM.
(a) In General.--
(1) Nonimmigrant classification.--Section 101(a)(15)(F) (8
U.S.C. 1101(a)(15)(F)) is amended to read as follows:
``(F) an alien--
``(i) who--
``(I) is a bona fide student qualified to
pursue a full course of study in mathematics,
engineering, technology, or the sciences
leading to a bachelors or graduate degree and
who seeks to enter the United States for the
purpose of pursuing such a course of study
consistent with section 214(m) at an
institution of higher education (as defined by
section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a))) in the United States,
particularly designated by the alien and
approved by the Secretary of Homeland Security,
after consultation with the Secretary of
Education, which institution or place of study
shall have agreed to report to the Secretary
the termination of attendance of each
nonimmigrant student, and if any such
institution of learning or place of study fails
to make reports promptly the approval shall be
withdrawn; or
``(II) is engaged in temporary employment
for optional practical training related to such
alien's area of study following completion of
the course of study described in subclause (I)
for a period or periods of not more than 24
months;
``(ii) who--
``(I) has a residence in a foreign country
which the alien has no intention of abandoning,
who is a bona fide student qualified to pursue
a full course of study, and who seeks to enter
the United States temporarily and solely for
the purpose of pursuing such a course of study
consistent with section 214(m) at an
established college, university, seminary,
conservatory, academic high school, elementary
school, or other academic institution or in a
language training program in the United States,
particularly designated by the alien and
approved by the Secretary of Homeland Security,
after consultation with the Secretary of
Education, which institution or place of study
shall have agreed to report to the Secretary
the termination of attendance of each
nonimmigrant student, and if any such
institution of learning or place of study fails
to make reports promptly the approval shall be
withdrawn; or
``(II) is engaged in temporary employment
for optional practical training related to such
alien's area of study following completion of
the course of study described in subclause (I)
for a period or periods of not more than 24
months;
``(iii) who is the spouse or minor child of an
alien described in clause (i) or (ii) if accompanying
or following to join such an alien;
``(iv) who--
``(I) is a national of Canada or Mexico,
who maintains actual residence and place of
abode in the country of nationality, who is
described in clause (i) or (ii) except that the
alien's qualifications for and actual course of
study may be full or part-time, and who
commutes to the United States institution or
place of study from Canada or Mexico; or
``(II) is engaged in temporary employment
for optional practical training related to such
the student's area of study following
completion of the course of study described in
subclause (I) for a period or periods of not
more than 24 months; or
``(v) who--
``(I) maintains actual residence and place
of abode in the alien's country of nationality;
and
``(II) is described in clause (i), except
that the alien's actual course of study may
involve a distance learning program, for which
the alien is temporarily visiting the United
States for a period of up to 30 days.''.
(2) Admission.--Section 214(b) (8 U.S.C. 1184(b)) is
amended by inserting ``(F)(i),'' before ``(L) or (V)''.
(3) Conforming amendment.--Section 214(m)(1) (8 U.S.C.
1184(m)(1)) is amended, in the matter preceding subparagraph
(A), by striking ``(i) or (iii)'' and inserting ``(i), (ii),
(iv), or (v)''.
(b) Off-Campus Work Authorization for Foreign Students.--
(1) In general.--Aliens admitted as nonimmigrant students
described in section 101(a)(15)(F), as amended by subsection
(a), (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus
position unrelated to the alien's field of study if--
(A) the alien has enrolled full-time at the
educational institution and is maintaining good
academic standing;
(B) the employer provides the educational
institution and the Secretary of Labor with an
attestation that the employer--
(i) has spent at least 21 days recruiting
United States citizens to fill the position;
and
(ii) will pay the alien and other similarly
situated workers at a rate equal to not less
than the greater of--
(I) the actual wage level for the
occupation at the place of employment;
or
(II) the prevailing wage level for
the occupation in the area of
employment; and
(C) the alien will not be employed more than--
(i) 20 hours per week during the academic
term; or
(ii) 40 hours per week during vacation
periods and between academic terms.
(2) Disqualification.--If the Secretary of Labor determines
that an employer has provided an attestation under paragraph
(1)(B) that is materially false or has failed to pay wages in
accordance with the attestation, the employer, after notice and
opportunity for a hearing, shall be disqualified from employing
an alien student under paragraph (1).
SEC. 510. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by adding at the
end the following:
``(G) The limitations contained in subparagraph (D) with respect to
the duration of authorized stay shall not apply to any nonimmigrant
alien previously issued a visa or otherwise provided nonimmigrant
status under section 101(a)(15)(L) on whose behalf a petition under
section 204(b) to accord the alien immigrant status under section
203(b), or an application for labor certification (if such
certification is required for the alien to obtain status under such
section 203(b)) has been filed, if 365 days or more have elapsed since
such filing. The Secretary of Homeland Security shall extend the stay
of an alien who qualifies for an exemption under this subparagraph
until such time as a final decision is made on the alien's lawful
permanent residence.''.
SEC. 511. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.
(a) Adjustment of Status.--
(1) In general.--Section 245 (8 U.S.C. 1255) is amended by
adding at the end the following:
``(n) Adjustment of Status for Employment-Based Immigrants.--
``(1) Eligibility.--The Secretary of Homeland Security
shall promulgate regulations to provide for the filing of an
application for adjustment of status by an alien (and any
eligible dependents of such alien), regardless of whether an
immigrant visa is immediately available at the time the
application is filed, if the alien--
``(A) has an approved petition under subparagraph
(E) or (F) of section 204(a)(1); or
``(B) at the discretion of the Secretary, has a
pending petition under subparagraph (E) or (F) of
section 204(a)(1).
``(2) Visa availability.--An application filed pursuant to
paragraph (1) may not be approved until an immigrant visa
becomes available.
``(3) Fees.--If an application is filed pursuant to
paragraph (1), the beneficiary of such application shall pay a
supplemental fee of $500. Such fee may not be charged to any
dependent accompanying or following to join such beneficiary.
``(4) Extension of employment authorization and advanced
parole document.--
``(A) In general.--The Secretary of Homeland
Security shall provide employment authorization and
advanced parole documents, in 3-year increments, to
beneficiaries of an application for adjustment of
status based on a petition that is filed or, at the
discretion of the Secretary, pending, under
subparagraph (E) or (F) of section 204(a)(1).
``(B) Fee adjustments.--Application fees under this
subsection may be adjusted in accordance with the 3-
year period of validity assigned to the employment
authorization or advanced parole documents under
subparagraph (A).''.
(b) Use of Fees.--Section 286 (8 U.S.C. 1356) is amended--
(1) in subsection (m)--
(A) by striking ``Notwithstanding any other
provisions of law,'' and inserting the following:
``(c) Immigration Examinations Fee Account.--
``(1) In general.--Notwithstanding any other provision of
law, all fees collected under section 245(n)(3) and'';
(B) by striking ``: Provided, however, That all''
and inserting the following:
``(2) Virgin islands; guam.--All''; and
(C) by striking ``: Provided further, That fees''
and inserting the following:
``(3) Cost recovery.--Fees''.
(2) in subsection (n)--
(A) by striking ``(n) All deposits'' and inserting
the following:
``(4) Use of funds.--
``(A) In general.--Except as provided under
subparagraph (B), all deposits''; and
(B) adding at the end the following:
``(C) Supplemental fee for adjustment of status of
employment-based immigrants.--Any amounts deposited
into the Immigration Examinations Fee Account that were
collected under section 245(n)(3) shall remain
available until expended by the Secretary of Homeland
Security for backlog reduction and clearing security
background check delays.'';
(3) in subsection (o), by striking ``(o) The Attorney
General'' and inserting the following:
``(5) Annual financial report to congress.--The Attorney
General''; and
(4) in subsection (p), by striking ``(p) The provisions set
forth in subsections (m), (n), and (o) of this section'' and
inserting the following:
``(6) Applicability.--The provisions set forth in this
subsection shall''.
SEC. 512. STREAMLINING THE ADJUDICATION PROCESS FOR ESTABLISHED
EMPLOYERS.
Section 214(c) (8. U.S.C. 1184) is amended by adding at the end the
following:
``(15) Not later than 180 days after the date of the enactment of
the STRIVE Act, the Secretary of Homeland Security shall establish a
pre-certification procedure for employers who file multiple petitions
described in this subsection or section 203(b). Such precertification
procedure shall enable an employer to avoid repeatedly submitting
documentation that is common to multiple petitions and establish
through a single filing criteria relating to the employer and the
offered employment opportunity.''.
SEC. 513. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA
PETITIONS.
(a) In General.--Pursuant to section 286(u) of the Immigration and
Nationality Act (8 U.S.C. 1356(u)), the Secretary of Homeland Security
shall establish and collect a fee for premium processing of employment-
based immigrant petitions.
(b) Appeals.--Pursuant to such section 286(u), the Secretary of
Homeland Security shall establish and collect a fee for premium
processing of an administrative appeal of any decision on a permanent
employment-based immigrant petition.
SEC. 514. ELIMINATING PROCEDURAL DELAYS IN LABOR CERTIFICATION PROCESS.
(a) Prevailing Wage Rate.--
(1) Requirement to provide.--The Secretary of Labor shall
provide prevailing wage determinations to employers seeking a
labor certification for aliens pursuant to part 656 of title
20, Code of Federal Regulations (or any successor regulation).
The Secretary of Labor may not delegate this function to any
agency of a State.
(2) Schedule for determination.--Except as provided in
paragraph (3), the Secretary of Labor shall provide a response
to an employer's request for a prevailing wage determination
not later than 20 calendar days after the date the Secretary of
Labor receives such a request. If the Secretary of Labor fails
to reply during such 20-day period, the wage proposed by the
employer shall be the valid prevailing wage rate.
(3) Use of surveys.--The Secretary of Labor shall accept an
alternative wage survey provided by the employer unless the
Secretary of Labor determines that the wage component of the
Occupational Employment Statistics Survey is more accurate for
the occupation in the labor market area.
(b) Placement of Job Order.--The Secretary of Labor shall maintain
a website with links to the official website of each workforce agency
of a State, and such official website shall contain instructions on the
filing of a job order in order to satisfy the job order requirements of
section 656.17(e)(1) of title 20, Code of Federal Regulations (or any
successor regulation).
(c) Technical Corrections.--The Secretary of Labor shall establish
a process by which employers seeking certification under section
212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)),
as amended by section 508(b), may make technical corrections to
applications in order to avoid requiring employers to conduct
additional recruitment to correct an initial technical error. A
technical error shall include any error that would not have a material
effect on the validity of the employer's recruitment of able, willing,
and qualified United States workers.
(d) Administrative Appeals.--Motions to reconsider, and
administrative appeals of, a denial of a permanent labor certification
application, shall be decided by the Secretary of Labor not later than
60 days after the date of the filing of such motion or such appeal.
(e) Applications Under Previous System.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Labor
shall process and issue decisions on all applications for permanent
alien labor certification that were filed before March 28, 2005.
(f) Effective Date.--This section shall take effect 90 days after
the date of the enactment of this Act, whether or not the Secretary of
Labor has amended the regulations under part 656 of title 20, Code of
Federal Regulations, to implement such changes.
SEC. 515. VISA REVALIDATION.
(a) In General.--Section 222 (8 U.S.C. 1202) is amended by adding
at the end the following:
``(i) The Secretary of State shall permit an alien granted a
nonimmigrant visa under subparagraph (E), (H), (I), (L), (O), or (P) of
section 101(a)(15) to apply for a renewal of such visa within the
United States if--
``(1) such visa is valid or did not expire more than 12
months before the date of such application;
``(2) the alien is seeking a nonimmigrant visa under the
same subparagraph under which the alien had previously received
a visa; and
``(3) the alien has complied with the immigration laws and
regulations of the United States.''.
(b) Conforming Amendment.--Section 222(h) of such Act is amended,
in the matter preceding subparagraph (1), by inserting ``and except as
provided under subsection (i),'' after ``Act''.
SEC. 516. RELIEF FOR MINOR CHILDREN AND WIDOWS.
(a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended
to read as follows:
``(2)(A)(i) Aliens admitted under section 211(a) on the
basis of a prior issuance of a visa under section 203(a) to
their accompanying parent who is an immediate relative.
``(ii) In this subparagraph, the term `immediate relative'
means a child, spouse, or parent of a citizen of the United
States (and each child of such child, spouse, or parent who is
accompanying or following to join the child, spouse, or
parent), except that, in the case of parents, such citizens
shall be at least 21 years of age.
``(iii) An alien who was the spouse of a citizen of the
United States for not less than 2 years at the time of the
citizen's death or, if married for less than 2 years at the
time of the citizen's death, proves by a preponderance of the
evidence that the marriage was entered into in good faith and
not solely for the purpose of obtaining an immigration benefit
and was not legally separated from the citizen at the time of
the citizen's death, and each child of such alien, shall be
considered, for purposes of this subsection, to remain an
immediate relative after the date of the citizen's death if the
spouse files a petition under section 204(a)(1)(A)(ii) before
the earlier of--
``(I) 2 years after such date; or
``(II) the date on which the spouse remarries.
``(iv) In this clause, an alien who has filed a petition
under clause (iii) or (iv) of section 204(a)(1)(A) remains an
immediate relative if the United States citizen spouse or
parent loses United States citizenship on account of the abuse.
``(B) Aliens born to an alien lawfully admitted for
permanent residence during a temporary visit abroad.''.
(b) Petition.--Section 204(a)(1)(A)(ii) (8 U.S.C.
1154(a)(1)(A)(ii)) is amended by striking ``in the second sentence of
section 201(b)(2)(A)(i) also'' and inserting ``in section
201(b)(2)(A)(iii) or an alien child or alien parent described in the
201(b)(2)(A)(iv)''.
(c) Retention of Immediate Relative Status.--
(1) In general.--In applying clause (iii) of section
201(b)(2)(A) of the Immigration and Nationality Act, as added
by subsection (a), to an alien whose citizen relative died
before the date of the enactment of this Act, the alien
relative, notwithstanding the deadlines specified in such
clause, may file the classification petition under section
204(a)(1)(A)(ii) of such Act not later than 2 years after the
date of the enactment of this Act.
(2) Eligibility for parole.--If an alien was excluded,
deported, removed or departed voluntarily before the date of
the enactment of this Act based solely upon the alien's lack of
classification as an immediate relative (as defined by
201(b)(2)(A)(ii) of the Immigration and Nationality Act) due to
the citizen's death--
(A) such alien shall be eligible for parole into
the United States pursuant to the Attorney General's
discretionary authority under section 212(d)(5) of such
Act; and
(B) such alien's application for adjustment of
status shall be considered notwithstanding section
212(a)(9) of such Act.
(d) Adjustment of Status.--
(1) In general.--Section 245 (8 U.S.C. 1255), as amended by
sections 407 and 511, is further amended by adding at the end
the following:
``(o) Application for Adjustment of Status by Surviving Spouses,
Parents, and Children.--
``(1) In general.--Any alien described in paragraph (2) who
applies for adjustment of status before the death of the
qualifying relative, may have such application adjudicated as
if such death had not occurred.
``(2) Alien described.--An alien described in this
paragraph is an alien who--
``(A) is an immediate relative (as described in
section 201(b)(2)(A));
``(B) is a family-sponsored immigrant (as described
in subsection (a) or (d) of section 203);
``(C) is a derivative beneficiary of an employment-
based immigrant under section 203(b) (as described in
section 203(d)); or
``(D) is a derivative beneficiary of a diversity
immigrant (as described in section 203(c)).''.
(2) Transition period.--
(A) In general.--Notwithstanding a denial of an
application for adjustment of status for an alien whose
qualifying relative died before the date of the
enactment of this Act, such application may be renewed
by the alien through a motion to reopen, without fee,
if such motion is filed not later than 2 years after
such date of enactment.
(B) Eligibility for parole.--If an alien was
excluded, deported, removed or departed voluntarily
before the date of the enactment of this Act--
(i) such alien shall be eligible for parole
into the United States pursuant to the Attorney
General's discretionary authority under section
212(d)(5) of the Immigration and Nationality
Act; and
(ii) such alien's application for
adjustment of status shall be considered
notwithstanding section 212(a)(9) of such Act.
(e) Processing of Immigrant Visas.--
(1) In general.--Section 204(b) (8 U.S.C. 1154), as amended
by section 204(b) of this Act, is further amended--
(A) by striking ``After an investigation'' and
inserting the following:
``(1) In general.--After an investigation''; and
(B) by adding at the end the following:
``(2) Death of qualifying relative.--
``(A) In general.--Any alien described in paragraph
(2) whose qualifying relative died before the
completion of immigrant visa processing may have an
immigrant visa application adjudicated as if such death
had not occurred. An immigrant visa issued before the
death of the qualifying relative shall remain valid
after such death.
``(B) Alien described.--An alien described in this
paragraph is an alien who--
``(i) is an immediate relative (as
described in section 201(b)(2)(A));
``(ii) is a family-sponsored immigrant (as
described in subsection (a) or (d) of section
203);
``(iii) is a derivative beneficiary of an
employment-based immigrant under section 203(b)
(as described in section 203(d)); or
``(iv) is a derivative beneficiary of a
diversity immigrant (as described in section
203(c)).''.
(2) Transition period.--
(A) In general.--Notwithstanding a denial or
revocation of an application for an immigrant visa for
an alien whose qualifying relative died before the date
of the enactment of this Act, such application may be
renewed by the alien through a motion to reopen,
without fee, if such motion is filed not later than 2
years after such date of enactment.
(B) Inapplicability of bars.--Notwithstanding
section 212(a)(9) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(9)), the Secretary shall consider
the application for an immigrant visa submitted by an
alien who was excluded, deported, removed, or departed
voluntarily before the date of the enactment of this
Act.
(f) Naturalization.--Section 319(a) (8 U.S.C. 1429(a)) is amended
by inserting ``(or, if the spouse is deceased, the spouse was a citizen
of the United States)'' after ``citizen of the United States''.
SEC. 517. RELIEF FOR WIDOWS AND ORPHANS.
(a) New Special Immigrant Category.--
(1) Certain children and women at risk of harm.--Section
101(a)(27) (8 U.S.C. 1101(a)(27)) is amended--
(A) in subparagraph (L), by adding a semicolon at
the end;
(B) in subparagraph (M), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(N) subject to subsection (j), an immigrant who
is not present in the United States--
``(i) who is--
``(I) referred to a consular,
immigration, or other designated
official by a United States Government
agency, an international organization,
or recognized nongovernmental entity
designated by the Secretary of State
for purposes of such referrals; and
``(II) determined by such official
to be a minor under 18 years of age (as
determined under subsection (j)(5))--
``(aa) for whom no parent or legal guardian is able to provide
adequate care;
``(bb) who faces a credible fear of harm related to his or her age;
``(cc) who lacks adequate protection from such harm; and
``(dd) for whom it has been determined to be in his or her best
interests to be admitted to the United States; or
``(ii) who is--
``(I) referred to a consular or
immigration official by a United States
Government agency, an international
organization or recognized
nongovernmental entity designated by
the Secretary of State for purposes of
such referrals; and
``(II) determined by such official
to be a female who has--
``(aa) a credible fear of harm related to her sex; and
``(bb) a lack of adequate protection from such harm.''.
(2) Statutory construction.--Section 101 (8 U.S.C. 1101) is
amended by adding at the end the following:
``(j)(1) No natural parent or prior adoptive parent of any alien
provided special immigrant status under subsection (a)(27)(N)(i) shall
thereafter, by virtue of such parentage, be accorded any right,
privilege, or status under this Act.
``(2)(A) No alien who qualifies for a special immigrant visa under
subsection (a)(27)(N)(ii) may apply for derivative status or petition
for any spouse who is represented by the alien as missing, deceased, or
the source of harm at the time of the alien's application and
admission. The Secretary of Homeland Security may waive this
requirement for an alien who demonstrates that the alien's
representations regarding the spouse were bona fide.
``(B) An alien who qualifies for a special immigrant visa under
subsection (a)(27)(N) may apply for derivative status or petition for
any sibling under the age of 18 years or children under the age of 18
years of any such alien, if accompanying or following to join the
alien. For purposes of this subparagraph, a determination of age shall
be made using the age of the alien on the date the petition is filed
with the Department of Homeland Security.
``(3) An alien who qualifies for a special immigrant visa under
subsection (a)(27)(N) shall be treated in the same manner as a refugee
solely for purposes of section 412.
``(4) The provisions of paragraphs (4), (5), and (7)(A) of section
212(a) shall not be applicable to any alien seeking admission to the
United States under subsection (a)(27)(N), and the Secretary of
Homeland Security may waive any other provision of such section (other
than paragraph 2(C) or subparagraph (A), (B), (C), or (E) of paragraph
(3)) with respect to such an alien for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest. Any such
waiver by the Secretary shall be in writing and shall be granted only
on an individual basis following an investigation. The Secretary shall
submit an annual report to Congress on the number of waivers granted
under this paragraph during the previous fiscal year and a summary of
the reasons for granting such waivers.
``(5) For purposes of subsection (a)(27)(N)(i)(II), a determination
of age shall be made using the age of the alien on the date on which
the alien was referred to the consular, immigration, or other
designated official.
``(6) The Secretary of Homeland Security shall waive any
application fee for a special immigrant visa for an alien described in
section 101(a)(27)(N).''.
(3) Expedited process.--Not later than 45 days after the
date of referral to a consular, immigration, or other
designated official (as described in section 101(a)(27)(N) of
the Immigration and Nationality Act, as added by paragraph
(1))--
(A) special immigrant status shall be adjudicated;
and
(B) if special immigrant status is granted, the
alien shall be paroled into the United States pursuant
to section 212(d)(5) of that Act (8 U.S.C. 1182(d)(5))
and allowed to apply for adjustment of status to
permanent residence under section 245 of that Act (8
U.S.C. 1255) not later than 1 year after the alien's
arrival in the United States.
(4) Report to congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall submit a
report to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives that
includes--
(A) data related to the implementation of this
section and the amendments made by this section;
(B) data regarding the number of placements of
females and children who faces a credible fear of harm
as referred to in section 101(a)(27)(N) of the
Immigration and Nationality Act, as added by paragraph
(1); and
(C) any other information that the Secretary
considers appropriate.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection and the amendments made by this subsection.
(b) Requirements for Aliens.--
(1) Requirement before entry into the united states.--
(A) Database search.--An alien may not be admitted
to the United States unless the Secretary has ensured
that a search of each database maintained by an agency
or department of the United States has been conducted
to determine whether such alien is ineligible to be
admitted to the United States on criminal, security, or
related grounds.
(B) Cooperation and schedule.--The Secretary and
the head of each appropriate agency or department of
the United States shall cooperate to ensure that each
database search required under subparagraph (A) is
completed not later than 45 days after the date on
which an alien files a petition seeking a special
immigration visa under section 101(a)(27)(N) of the
Immigration and Nationality Act, as added by subsection
(a)(1).
(2) Requirement after entry into the united states.--
(A) Requirement to submit fingerprints.--
(i) In general.--Not later than 30 days
after the date that an alien enters the United
States, the alien shall be fingerprinted and
submit to the Secretary such fingerprints and
any other personal biometric data required by
the Secretary.
(ii) Other requirements.--The Secretary may
prescribe regulations that permit fingerprints
submitted by an alien under section 262 of the
Immigration and Nationality Act (8 U.S.C. 1302)
or any other provision of law to satisfy the
requirement to submit fingerprints of clause
(i).
(B) Database search.--The Secretary shall ensure
that a search of each database that contains
fingerprints that is maintained by an agency or
department of the United States be conducted to
determine whether such alien is ineligible for an
adjustment of status under any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
on criminal, security, or related grounds.
(C) Cooperation and schedule.--The Secretary and
the head of each appropriate agency or department of
the United States shall work cooperatively to ensure
that each database search required by subparagraph (B)
is completed not later than 180 days after the date on
which the alien enters the United States.
(D) Administrative and judicial review.--
(i) In general.--There may be no review of
a determination by the Secretary, after a
search required by subparagraph (B), that an
alien is ineligible for an adjustment of
status, under any provision of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) on
criminal, security, or related grounds except
as provided in this subparagraph.
(ii) Administrative review.--An alien may
appeal a determination described in clause (i)
through the Administrative Appeals Office of
the Bureau of Citizenship and Immigration
Services. The Secretary shall ensure that a
determination on such appeal is made not later
than 60 days after the date that the appeal is
filed.
(iii) Judicial review.--There may be no
judicial review of a determination described in
clause (i).
SEC. 518. SONS AND DAUGHTERS OF FILIPINO WORLD WAR II VETERANS.
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections 504
and 508, is further amended by adding at the end the following:
``(M) Aliens who are eligible for a visa under paragraph
(1) or (3) of section 203(a) and are the son or daughter of a
citizen of the United States who was naturalized pursuant to
section 405 of the Immigration Act of 1990 (8 U.S.C. 1440
note).''.
SEC. 519. DETERMINATIONS UNDER THE HAITIAN REFUGEE IMMIGRATION FAIRNESS
ACT OF 1998.
(a) In General.--Section 902(d) of the Haitian Refugee Immigration
Fairness Act of 1998 (8 U.S.C. 1255 note) is amended by adding at the
end the following:
``(3) Determinations with respect to children.--
``(A) Use of application filing date.--
Determinations made under this subsection as to whether
an individual is a child of a parent shall be made
using the age and status of the individual on October
21, 1998.
``(B) Application submission by parent.--
Notwithstanding paragraph (1)(C), an application under
this subsection filed based on status as a child may be
filed for the benefit of such child by a parent or
guardian of the child, if the child is physically
present in the United States on such filing date.''.
(b) New Applications and Motions To Reopen.--
(1) New applications.--Notwithstanding section 902(a)(1)(A)
of the Haitian Refugee Immigration Fairness Act of 1998, an
alien who is eligible for adjustment of status under such Act
may submit an application for adjustment of status under such
Act not later than the later of--
(A) 2 years after the date of the enactment of this
Act; or
(B) 1 year after the date on which final
regulations are promulgated to implement this section
and the amendment made by subsection (a).
(2) Motions to reopen.--The Secretary shall establish
procedures for the reopening and reconsideration of
applications for adjustment of status under the Haitian Refugee
Immigration Fairness Act of 1998 that are affected by the
amendment made by subsection (a).
(3) Relationship of application to certain orders.--Section
902(a)(3) of the Haitian Refugee Immigration Fairness Act of
1998 shall apply to an alien present in the United States who
has been ordered excluded, deported, removed, or ordered to
depart voluntarily, and who files an application under
paragraph (1) or a motion under paragraph (2), in the same
manner as such section 902(a)(3) applied to aliens filing
applications for adjustment of status under such Act prior to
April 1, 2000.
(c) Inadmissibility Determination.--Section 902 of the Haitian
Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is
amended in subsections (a)(1)(B) and (d)(1)(D) by inserting
``(6)(C)(i),'' after ``(6)(A),''.
SEC. 520. S VISAS.
(a) Expansion of S Visa Classification.--Section 101(a)(15)(S) (8
U.S.C. 1101(a)(15)(S)) is amended--
(1) in clause (i)--
(A) by striking ``Attorney General'' each place it
appears and inserting ``Secretary of Homeland
Security'';
(B) in subclause (I), by inserting before the
semicolon, ``, including a criminal enterprise
undertaken by a foreign government, its agents,
representatives, or officials'';
(C) in subclause (III), by inserting ``if the
information concerns a criminal enterprise undertaken
by an individual or organization that is not a foreign
government, its agents, representatives, or
officials,'' before ``whose''; and
(D) by striking ``or'' at the end; and
(2) in clause (ii)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by striking ``1956,'' and all that follows
through ``the alien;'' and inserting the following:
``1956; or
``(iii) the Secretary of Homeland Security and the
Secretary of State, in consultation with the Director
of Central Intelligence, jointly determine--
``(I) is in possession of critical reliable
information concerning the activities of
governments or organizations, or their agents,
representatives, or officials, with respect to
weapons of mass destruction and related
delivery systems, if such governments or
organizations are at risk of developing,
selling, or transferring such weapons or
related delivery systems; and
``(II) is willing to supply or has
supplied, fully and in good faith, information
described in subclause (I) to appropriate
persons within the United States Government;
and
if the Secretary of Homeland Security (or with respect
to clause (ii), the Secretary of State and the
Secretary of Homeland Security jointly) considers it to
be appropriate, the spouse, children, married and
unmarried sons and daughters, and parents of an alien
described in clause (i), (ii), or (iii) if
accompanying, or following to join, the alien;''.
(b) Numerical Limitation.--Section 214(k)(1) (8 U.S.C. 1184(k)(1))
is amended to read as follows:
``(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S) in any fiscal year may not
exceed 1,000.''.
(c) Reports.--
(1) Content.--Section 214(k)(4) (8 U.S.C. 1184(k)(4)) is
amended--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
and
(ii) by striking ``concerning'' and
inserting ``that includes'';
(B) in subparagraph (D), by striking ``and'' at the
end;
(C) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(F) if the total number of such nonimmigrants admitted is
fewer than 25 percent of the total number provided for under
paragraph (1)--
``(i) the reasons for the reduced number of such
nonimmigrants;
``(ii) the efforts made by the Secretary of
Homeland Security to admit such nonimmigrants; and
``(iii) any extenuating circumstances that
contributed to the reduced number of such
nonimmigrants.''.
(2) Form of report.--Section 214(k) (8 U.S.C. 1184(k)) is
amended by adding at the end the following:
``(5) To the extent required by law and if it is in the
interests of national security or the security of such
nonimmigrants that are admitted, as determined by the Secretary
of Homeland Security--
``(A) the information contained in a report
described in paragraph (4) may be classified; and
``(B) the Secretary of Homeland Security shall, to
the extent feasible, submit a non-classified version of
the report to the Committee on the Judiciary of the
House of Representatives and the Committee on the
Judiciary of the Senate.''.
SEC. 521. L VISA LIMITATIONS.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (E), by striking ``In the case of an
alien spouse admitted under section 101(a)(15)(L), who'' and
inserting ``Except as provided in subparagraph (H), if an alien
spouse admitted under section 101(a)(15)(L)''; and
(3) by adding at the end the following:
``(G)(i) If the beneficiary of a petition under this
subsection is coming to the United States to open, or be
employed in, a new facility, the petition may be approved for a
period not to exceed 12 months only if the employer operating
the new facility has--
``(I) a business plan;
``(II) sufficient physical premises to carry out
the proposed business activities; and
``(III) the financial ability to commence doing
business immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits to the
Secretary of Homeland Security--
``(I) evidence that the importing employer meets
the requirements of this subsection;
``(II) evidence that the beneficiary meets the
requirements of section 101(a)(15)(L);
``(III) a statement summarizing the original
petition;
``(IV) evidence that the importing employer has
fully complied with the business plan submitted under
clause (i);
``(V) evidence of the truthfulness of any
representations made in connection with the filing of
the original petition;
``(VI) evidence that the importing employer, during
the previous 12 months, has been doing business at the
new facility through regular, systematic, and
continuous provision of goods or services, or has
otherwise been taking commercially reasonable steps to
establish the new facility as a commercial enterprise;
``(VII) a statement of the duties the beneficiary
has performed at the new facility during the preceding
12-month period and the duties the beneficiary will
perform at the new facility during the extension period
approved under this clause;
``(VIII) a statement describing the staffing at the
new facility, including the number of employees and the
types of positions held by such employees;
``(IX) evidence of wages paid to employees if the
beneficiary will be employed in a managerial or
executive capacity;
``(X) evidence of the financial status of the new
facility; and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) Notwithstanding subclauses (I) through (VI) of
clause (ii) and subject to the maximum period of authorized
admission set forth in subparagraph (D), the Secretary of
Homeland Security may approve a subsequently filed petition on
behalf of the beneficiary to continue employment at the
facility described in this subsection for a period beyond the
initially granted 12-month period if the importing employer
demonstrates that the failure to satisfy any of the
requirements described in those subclauses was directly caused
by extraordinary circumstances beyond the control of the
importing employer.
``(H)(i) The Secretary of Homeland Security may not
authorize the spouse of an alien described under section
101(a)(15)(L), who is a dependent of a beneficiary under
subparagraph (G), to engage in employment in the United States
during the initial 12-month period described in subparagraph
(G)(i).
``(ii) A spouse described in clause (i) may be provided
employment authorization upon the approval of an extension
under subparagraph (G)(ii).
``(I) For purposes of determining the eligibility of an
alien for classification under section 101(a)(15)(L), the
Secretary of Homeland Security shall establish a program to
work cooperatively with the Secretary of State to verify a
company or facility's existence in the United States and
abroad.''.
SEC. 522. ESTABLISHMENT OF NEW FASHION MODEL NONIMMIGRANT
CLASSIFICATION.
(a) In General.--
(1) New classification.--Section 101(a)(15)(O) (8 U.S.C.
1101(a)(15)(O)) is amended--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking ``or'' at the end;
(C) by redesignating clause (iii) as clause (iv);
(D) in clause (iv), as redesignated, by striking
``clause (i) or (ii)'' and inserting ``clause (i),
(ii), or (iii)''; and
(E) by inserting after clause (ii) the following:
``(iii) is a fashion model who is of
distinguished merit and ability and who is
seeking to enter the United States temporarily
to perform fashion modeling services that
involve events or productions which have a
distinguished reputation or that are performed
for an organization or establishment that has a
distinguished reputation for, or a record of,
utilizing prominent modeling talent; or''.
(2) Numerical limitation.--Section 214(a)(2)(A) (8 U.S.C.
1184(a)(2)(A)) is amended by adding at the end the following:
``The number of aliens who may be issued visas or otherwise
provided nonimmigrant status under section 101(a)(15)(O)(iii)
in any fiscal year may not exceed 1,000.''.
(b) Elimination of H-1B Classification for Fashion Models.--Section
101(a)(15)(H)(i)(b) (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended--
(1) in item (aa), by striking ``or as a fashion model'';
and
(2) in item (bb), by striking ``or, in the case of a
fashion model, is of distinguished merit and ability''.
(c) Effective Dates.--
(1) Implementation of new fashion model nonimmigrant
classification.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall promulgate
regulations to carry out the amendments made by subsection (a).
Nothing in this section shall be construed as preventing an
alien who is a fashion model from obtaining nonimmigrant status
under section 101(a)(15)(O)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(O)(i)) if such alien is
otherwise qualified for such status.
(2) Elimination of h-1b classification for fashion
models.--The amendments made by subsection (b)--
(A) shall apply on the effective date of the
regulations promulgated under paragraph (1); and
(B) shall not apply to the classification of an
alien under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)) as a fashion model pursuant to a
petition for such classification that was filed before
such effective date.
SEC. 523. EB-5 REGIONAL CENTER PROGRAM.
(a) Concurrent Processing for Employement Creation Immigrants.--
Section 245 (8 U.S.C. 1255), as amended by section 511, is further
amended by adding at the end the following:
``(o) Concurrent Processing for Employement Creation Immigrants.--
If, at the time an alien fils a petition for classification under
section 203(b)(5), approval of the petition would make a visa
immediately available to the alien beneficiary, the alien beneficiary's
application for adjustment of status under this section shall be
considered properly filed whether submitted concurrently with, or
subsequent to, such petition.''.
(b) Regional Center Designation Fees.--Section 610 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended--
(1) in subsection (b), by striking ``for 15 years''; and
(2) by adding at the end the following:
``(e) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a $2,500 fee to apply for
designation as a regional center under this section. Fees collected
under this subsection shall be deposited in the Treasury in accordance
with section 286(w) of the Immigration and Nationality Act (8 U.S.C.
1356(w)).''.
(c) Immigrant Entrepreneur Regional Center Account.--
(1) Establishment.--Section 286 (8 U.S.C. 1356) is amended
by adding at the end the following:
``(y) Immigrant Entrepreneur Regional Center Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`Immigrant Entrepreneur Regional Center Account'.
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees
collected under section 610(e) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153 note).
``(2) Use of fees.--Fees deposited in the account
established under paragraph (1) may only be used to carry out
the EB-5 immigrant investor program.''.
(2) Effective date.--The amendment made by paragraph (1)--
(A) shall take effect on the date on which
regulations are published to carry out this section and
the amendments made by this section; and
(B) shall apply to regional center applications
filed on or after such date.
SEC. 524. RETURN OF TALENT PROGRAM.
(a) Short Title.--This section may be cited as the ``Return of
Talent Act''.
(b) Establishment.--
(1) In general.--Title III (8 U.S.C. 1401 et seq.) is
amended by inserting after section 317 the following:
``SEC. 317A. TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN THE RETURN
OF TALENT PROGRAM.
``(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall establish the Return of
Talent Program to permit eligible aliens to temporarily return to the
alien's country of citizenship in order to make a material contribution
to that country if the country is engaged in post-conflict or natural
disaster reconstruction activities, for a period not longer than 2
years, unless an exception is granted under subsection (d).
``(b) Eligible Alien.--An alien is eligible to participate in the
Return of Talent Program established under subsection (a) if the alien
meets the special immigrant description under section 101(a)(27)(N).
``(c) Family Members.--The spouse, parents, siblings, and any minor
children of an alien who participates in the Return of Talent Program
established under subsection (a) may return to such alien's country of
citizenship with the alien and reenter the United States with the
alien.
``(d) Extension of Time.--The Secretary of Homeland Security may
extend the 2-year period referred to in subsection (a) upon a showing
that circumstances warrant that an extension is necessary for post-
conflict or natural disaster reconstruction efforts.
``(e) Residency Requirements.--An immigrant described in section
101(a)(27)(N) who participates in the Return of Talent Program
established under subsection (a), and the spouse, parents, siblings,
and any minor children who accompany such immigrant to that immigrant's
country of citizenship, shall be considered, during such period of
participation in the program--
``(1) for purposes of section 316(a), physically present
and residing in the United States for purposes of
naturalization within the meaning of that section; and
``(2) for purposes of section 316(b), to meet the
continuous residency requirements in that section.
``(f) Oversight and Enforcement.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall oversee
and enforce the requirements of this section.''.
(2) Table of contents.--The table of contents (8 U.S.C.
1101 et seq.) is amended by inserting after the item relating
to section 317 the following:
``317A. Temporary absence of persons participating in the Return of
Talent Program.''.
(c) Eligible Immigrants.--Section 101(a)(27) (8 U.S.C. 1101(a)(27))
is amended--
(1) in subparagraph (L), by inserting a semicolon after
``Improvement Act of 1998'';
(2) in subparagraph (M), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(N) an immigrant who--
``(i) has been lawfully admitted to the United
States for permanent residence;
``(ii) demonstrates an ability and willingness to
make a material contribution to the post-conflict or
natural disaster reconstruction in the alien's country
of citizenship; and
``(iii) as determined by the Secretary of State in
consultation with the Secretary of Homeland Security--
``(I) is a citizen of a country in which
Armed Forces of the United States are engaged,
or have engaged in the 10 years preceding such
determination, in combat or peacekeeping
operations;
``(II) is a citizen of a country where
authorization for United Nations peacekeeping
operations was initiated by the United Nations
Security Council during the 10 years preceding
such determination; or
``(III) is a citizen of a country which
received, during the preceding 2 years, funding
from the Office of Foreign Disaster Assistance
of the United States Agency for International
Development in response to a declared disaster
in such country by the United States
Ambassador, the Chief of the U.S. Mission, or
the appropriate Assistant Secretary of State,
that is beyond the ability of such country's
response capacity and warrants a response by
the United States Government.''.
(d) Report to Congress.--Not later than 2 years after the date of
the enactment of this Act, the Secretary, in consultation with the
Secretary of State, shall submit a report to Congress that describes--
(1) the countries of citizenship of the participants in the
Return of Talent Program established under section 317A of the
Immigration and Nationality Act, as added by subsection (b);
(2) the post-conflict or natural disaster reconstruction
efforts that benefitted, or were made possible, through
participation in the program; and
(3) any other information that the Secretary determines to
be appropriate.
(e) Regulations.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
carry out this section and the amendments made by this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to United States Citizenship and Immigration Services,
such sums as may be necessary to carry out this section and the
amendments made by this section.
Subtitle B--Preservation of Immigration Benefits for Victims of a Major
Disaster or Emergency
SEC. 531. SHORT TITLE.
This subtitle may be cited as the ``Major Disaster and Emergency
Victims Immigration Benefits Preservation Act''.
SEC. 532. DEFINITIONS.
In this subtitle:
(1) Application of definitions from the immigration and
nationality act.--Except as otherwise specifically provided in
this subtitle, the definitions in the Immigration and
Nationality Act shall apply in the administration of this
subtitle.
(2) Direct result of a major disaster or emergency.--The
term ``direct result of a major disaster or emergency''--
(A) means physical damage, disruption of
communications or transportation, forced or voluntary
evacuation, business closures, or other circumstances
directly caused by a major disaster or emergency; and
(B) does not include collateral or consequential
economic effects in or on the United States or global
economies.
(3) Emergency.--The term ``emergency'' has the meaning
given the term in section 102(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(1)).
(4) Last business day.--The term ``last business day''
means the last business day preceding a major disaster or
emergency. For purposes of Hurricane Katrina and Hurricane
Rita, the last business day is August 26, 2005.
(5) Major disaster.--The term ``major disaster'' has the
meaning given the term in section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)) and includes Hurricane Katrina and Hurricane
Rita.
SEC. 533. SPECIAL IMMIGRANT STATUS.
(a) Provision of Status.--
(1) In general.--For purposes of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may
provide an alien described in subsection (b) with the status of
a special immigrant under section 101(a)(27) of such Act (8
U.S.C. 1101(a)(27)) if the alien--
(A) files a petition with the Secretary under
section 204 of such Act (8 U.S.C. 1154) for
classification under section 203(b)(4) of such Act (8
U.S.C. 1153(b)(4));
(B) is otherwise eligible to receive an immigrant
visa; and
(C) is otherwise admissible to the United States
for permanent residence.
(2) Inapplicable provision.--In determining admissibility
under paragraph (1)(C), the grounds for inadmissibility
specified in section 212(a)(4) of such Act (8 U.S.C.
1182(a)(4)) shall not apply.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if--
(A) the alien was the beneficiary of--
(i) a petition that was filed with the
Secretary on or before the last business day--
(I) under section 204 of the
Immigration and Nationality Act (8
U.S.C. 1154) to classify the alien as a
family-sponsored immigrant under
section 203(a) of such Act (8 U.S.C.
1153(a)) or as an employment-based
immigrant under section 203(b) of such
Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) of such
Act (8 U.S.C. 1184(d)) to authorize the
issuance of a nonimmigrant visa to the
alien under section 101(a)(15)(K) of
such Act (8 U.S.C. 1101(a)(15)(K)); or
(ii) an application for labor certification
under section 212(a)(5)(A) of such Act (8
U.S.C. 1182(a)(5)(A)) that was filed under
regulations of the Secretary of Labor on or
before the last business day; and
(B) such petition or application was revoked or
terminated before or after its approval, solely due
to--
(i) the death or disability of the
petitioner, applicant, or alien beneficiary as
a direct result of a major disaster or
emergency; or
(ii) loss of employment as a direct result
of a major disaster or emergency.
(2) Spouses and children.--
(A) In general.--An alien is described in this
subsection if--
(i) the alien, as of the last business day,
was the spouse or child of a principal alien
described in paragraph (1); and
(ii) the alien--
(I) is accompanying such principal
alien; or
(II) is following to join such
principal alien within a reasonable
period after a major disaster or
emergency, as determined by the
Attorney General.
(B) Construction.--
(i) Death disregarded.--In construing the
terms ``accompanying'' and ``following to
join'' in subparagraph (A)(ii), the death of a
principal alien described in paragraph
(1)(B)(i) shall be disregarded.
(ii) Reasonable period.--The reasonable
period described in subparagraph (A)(ii)(II),
as applied to Hurricane Katrina and Hurricane
Rita, shall end 90 days after the date of the
enactment of this Act.
(3) Grandparents or legal guardians of orphans.--An alien
is described in this subsection if the alien is a grandparent
or legal guardian of a child whose parents died as a direct
result of a major disaster or emergency, if either of the
deceased parents was, as of the last business day, a citizen or
national of the United States or an alien lawfully admitted for
permanent residence in the United States.
(c) Priority Date.--Immigrant visas made available under this
section shall be issued to aliens in the order in which a petition on
behalf of each such alien is filed with the Secretary under subsection
(a)(1), except that if an alien was assigned a priority date with
respect to a petition described in subsection (b)(1)(A)(i), the alien
may maintain that priority date.
(d) Numerical Limitations.--In applying sections 201 through 203 of
the Immigration and Nationality Act (8 U.S.C. 1151-1153) in any fiscal
year, aliens eligible to be provided status under this section shall be
treated as special immigrants who are not described in subparagraph
(A), (B), (C), or (K) of section 101(a)(27) of such Act (8 U.S.C.
1101(a)(27)).
SEC. 534. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) Automatic Extension of Nonimmigrant Status.--
(1) In general.--Notwithstanding section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184), an alien
described in paragraph (2) who was lawfully present in the
United States as a nonimmigrant on the last business day, may,
unless otherwise determined by the Secretary in the Secretary's
discretion, lawfully remain in the United States in the same
nonimmigrant status until the latest of--
(A) the date on which such lawful nonimmigrant
status would have otherwise terminated absent the
enactment of this subsection;
(B) 1 year after the death or onset of disability
described in paragraph (2); or
(C) 3 months after the date of the enactment of
this Act, for victims of Hurricane Katrina or Hurricane
Rita.
(2) Aliens described.--
(A) Principal aliens.--An alien is described in
this paragraph if the alien was disabled as a direct
result of a major disaster or emergency.
(B) Spouses and children.--An alien is described in
this paragraph if the alien, as of the last business
day, was the spouse or child of--
(i) a principal alien described in
subparagraph (A); or
(ii) an alien who died as a direct result
of a major disaster or emergency.
(3) Authorized employment.--During the period in which a
principal alien or alien spouse is in lawful nonimmigrant
status under paragraph (1), the alien may be provided an
``employment authorized'' endorsement or other appropriate
document signifying authorization of employment.
(b) New Deadlines for Extension or Change of Nonimmigrant Status.--
(1) Filing delays.--
(A) In general.--If an alien, who was lawfully
present in the United States as a nonimmigrant on the
last business day, was prevented from filing a timely
application for an extension or change of nonimmigrant
status as a direct result of a major disaster or
emergency, the alien's application may be considered
timely filed if it is filed within a reasonable period,
as determined by the Secretary, after the application
would have otherwise been due. For victims of Hurricane
Katrina or Hurricane Rita, this period shall end 3
months after the date of the enactment of this Act.
(B) Circumstances preventing timely action.--For
purposes of subparagraph (A), circumstances preventing
an alien from timely acting are--
(i) office closures;
(ii) mail or courier service cessations or
delays;
(iii) other closures, cessations, or delays
affecting case processing or travel necessary
to satisfy legal requirements;
(iv) mandatory evacuation and relocation;
or
(v) other circumstances, including medical
problems or financial hardship.
(2) Departure delays.--
(A) In general.--If an alien, who was lawfully
present in the United States as a nonimmigrant on the
last business day, is unable to timely depart the
United States as a direct result of a major disaster or
emergency, the alien shall not be considered to have
been unlawfully present in the United States during the
period beginning on the last business day, and ending
on the date of the alien's departure, if such departure
occurred within a reasonable period, as determined by
the Secretary. If a victim of Hurricane Katrina or
Hurricane Rita departs the United States not later than
3 months after the date of the enactment of this Act,
such departure shall be considered to have been within
a reasonable period under this subparagraph.
(B) Circumstances preventing timely action.--For
purposes of subparagraph (A), circumstances preventing
an alien from timely acting are--
(i) office closures;
(ii) transportation cessations or delays;
(iii) other closures, cessations, or delays
affecting case processing or travel necessary
to satisfy legal requirements;
(iv) mandatory evacuation and relocation;
or
(v) other circumstances, including medical
problems or financial hardship.
(c) Diversity Immigrants.--Section 204(a)(1)(I)(ii)(II) (8 U.S.C.
1154(a)(1)(I)(ii)(II)), is amended to read as follows:
``(II) An immigrant visa made available under subsection 203(c) for
fiscal year 1998, or for a subsequent fiscal year, may be issued, or
adjustment of status under section 245(a) based upon the availability
of such visa may be granted, to an eligible qualified alien who has
properly applied for such visa or adjustment in the fiscal year for
which the alien was selected notwithstanding the end of such fiscal
year. Such visa or adjustment of status shall be counted against the
worldwide level set forth in subsection 201(e) for the fiscal year for
which the alien was selected.''.
(d) Extension of Filing Period.--If an alien is unable to timely
file an application to register or reregister for temporary protected
status under section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a) as a direct result of a major disaster or emergency, the
alien's application may be considered timely filed if it is filed not
later than 90 days after it otherwise would have been due.
(e) Voluntary Departure.--
(1) In general.--Notwithstanding section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c), if a period
for voluntary departure under such section expired during the
period beginning on the last business day and ending within a
reasonable period, as determined by the Attorney General, and
the alien was unable to voluntarily depart before the
expiration date as a direct result of a major disaster or
emergency, such voluntary departure period is deemed to have
been extended for an additional 60 days. For purposes of
Hurricane Katrina and Hurricane Rita, the reasonable period
shall be deemed to have ended on December 31, 2005.
(2) Circumstances preventing departure.--For purposes of
this subsection, circumstances preventing an alien from
voluntarily departing the United States are--
(A) office closures;
(B) transportation cessations or delays;
(C) other closures, cessations, or delays affecting
case processing or travel necessary to satisfy legal
requirements;
(D) mandatory evacuation and removal; and
(E) other circumstances, including medical problems
or financial hardship.
(f) Current Nonimmigrant Visa Holders.--
(1) In general.--An alien, who was lawfully present in the
United States on the last business day, as a nonimmigrant under
section 101(a)(15)(H) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)) and lost employment as a direct result
of a major disaster or emergency may accept new employment upon
the filing by a prospective employer of a new petition on
behalf of such nonimmigrant not later than 1 year after such
major disaster or emergency. For victims of Hurricane Katrina
or Hurricane Rita, this period shall be extended until August
29, 2007.
(2) Continuation of employment authorization.--Employment
authorization shall continue for such alien until the new
petition is adjudicated. If the new petition is denied, such
employment shall cease.
(3) Savings provision.--Nothing in this subsection shall be
construed to limit eligibility for portability under section
214(n) of the Immigration and Nationality Act (8 U.S.C.
1184(n)).
SEC. 535. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND
CHILDREN.
(a) Treatment as Immediate Relatives.--
(1) Spouses.--Notwithstanding the second sentence of
section 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), if an alien was the spouse of a
citizen of the United States at the time of the citizen's death
and was not legally separated from the citizen at the time of
the citizen's death, and the citizen died as a direct result of
a major disaster or emergency, the alien (and each child of the
alien) may be considered, for purposes of section 201(b) of
such Act, to remain an immediate relative after the date of the
citizen's death if the alien files a petition under section
204(a)(1)(A)(ii) of such Act not later than 2 years after such
date and only until the date on which the alien remarries. For
purposes of such section 204(a)(1)(A)(ii), an alien granted
relief under this paragraph shall be considered an alien spouse
described in the second sentence of section 201(b)(2)(A)(i) of
such Act.
(2) Children.--
(A) In general.--In the case of an alien who was
the child of a citizen of the United States at the time
of the citizen's death, if the citizen died as a direct
result of a major disaster or emergency, the alien may
be considered, for purposes of section 201(b) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)), to
remain an immediate relative after the date of the
citizen's death (regardless of subsequent changes in
age or marital status), but only if the alien files a
petition under subparagraph (B) not later than 2 years
after such date.
(B) Petitions.--An alien described in subparagraph
(A) may file a petition with the Secretary for
classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), which shall be considered
a petition filed under section 204(a)(1)(A) of such Act
(8 U.S.C. 1154(a)(1)(A)).
(b) Spouses, Children, Unmarried Sons and Daughters of Lawful
Permanent Resident Aliens.--
(1) In general.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is included
in a petition for classification as a family-sponsored
immigrant under section 203(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)(2)), which was filed by such
alien before the last business day, may be considered (if the
spouse, child, son, or daughter has not been admitted or
approved for lawful permanent residence by such date) a valid
petitioner for preference status under such section with the
same priority date as that assigned before the death described
in paragraph (3)(A). No new petition shall be required to be
filed. Such spouse, child, son, or daughter may be eligible for
deferred action and work authorization.
(2) Self-petitions.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is not a
beneficiary of a petition for classification as a family-
sponsored immigrant under section 203(a)(2) of the Immigration
and Nationality Act may file a petition for such classification
with the Secretary, if the spouse, child, son, or daughter was
present in the United States on the last business day. Such
spouse, child, son, or daughter may be eligible for deferred
action and work authorization.
(3) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a major disaster or
emergency; and
(B) on the day of such death, was lawfully admitted
for permanent residence in the United States.
(c) Applications for Adjustment of Status by Surviving Spouses and
Children of Employment-Based Immigrants.--
(1) In general.--Any alien who was, on the last business
day, the spouse or child of an alien described in paragraph
(2), and who applied for adjustment of status before the death
described in paragraph (2)(A), may have such application
adjudicated as if such death had not occurred.
(2) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a major disaster or
emergency; and
(B) on the day before such death, was--
(i) an alien lawfully admitted for
permanent residence in the United States by
reason of having been allotted a visa under
section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of status
to that of an alien described in clause (i),
and admissible to the United States for
permanent residence.
(d) Applications by Surviving Spouses and Children of Refugees and
Asylees.--
(1) In general.--Any alien who, on the last business day,
was the spouse or child of an alien described in paragraph (2),
may have his or her eligibility to be admitted under section
207(c)(2)(A) or 208(b)(3)(A) of the Immigration and Nationality
Act (8 U.S.C. 1157(c)(2)(A), 1158(b)(3)(A)) considered as if
the alien's death had not occurred.
(2) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a major disaster or
emergency; and
(B) on the day before such death, was--
(i) an alien admitted as a refugee under
section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157); or
(ii) granted asylum under section 208 of
such Act (8 U.S.C. 1158).
(e) Waiver of Public Charge Grounds.--In determining the
admissibility of any alien accorded an immigration benefit under this
section, the grounds for inadmissibility specified in section 212(a)(4)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not
apply.
SEC. 536. RECIPIENT OF PUBLIC BENEFITS.
An alien shall not be inadmissible under section 212(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) or deportable
under section 237(a)(5) of such Act (8 U.S.C. 1227(a)(5)) on the basis
that the alien received any public benefit as a direct result of a
major disaster or emergency.
SEC. 537. AGE-OUT PROTECTION.
In administering the immigration laws, the Secretary and the
Attorney General may grant any application or benefit notwithstanding
the applicant or beneficiary (including a derivative beneficiary of the
applicant or beneficiary) reaching an age that would render the alien
ineligible for the benefit sought, if the alien's failure to meet the
age requirement occurred as a direct result of a major disaster or
emergency.
SEC. 538. EMPLOYMENT ELIGIBILITY VERIFICATION.
(a) In General.--The Secretary may suspend or modify any
requirement under section 274A(b) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b)) or subtitle A of title IV of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note), either generally or with respect to particular persons,
class of persons, geographic areas, or economic sectors, to the extent
to which the Secretary determines necessary or appropriate to respond
to major disasters or emergencies.
(b) Notification.--If the Secretary suspends or modifies any
requirement under section 274A(b) of the Immigration and Nationality
Act pursuant to subsection (a), the Secretary shall send notice of such
decision, including the reasons for the suspension or modification,
to--
(1) the Committee on the Judiciary of the Senate; and
(2) the Committee on the Judiciary of the House of
Representatives.
(c) Sunset Date.--The authority under subsection (a) shall expire
on August 26, 2008.
SEC. 539. NATURALIZATION.
The Secretary may, with respect to applicants for naturalization in
any district of the United States Citizenship and Immigration Services
affected by a major disaster or emergency, administer the provisions of
Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et
seq.) notwithstanding any provision of such title relating to the
jurisdiction of an eligible court to administer the oath of allegiance,
or requiring residence to be maintained or any action to be taken in
any specific district or State within the United States.
SEC. 540. DISCRETIONARY AUTHORITY.
The Secretary or the Attorney General may waive violations of the
immigration laws committed by an alien--
(1) who was in lawful status on the last business day; and
(2) whose failure to comply with the immigration laws--
(A) was a direct result of a major disaster or
emergency;
(B) occurred within a period to be determined by
the Attorney General; and
(C) for the victims of Hurricane Katrina or
Hurricane Rita, occurred on or before March 1, 2006.
SEC. 541. EVIDENTIARY STANDARDS AND REGULATIONS.
The Secretary shall establish appropriate evidentiary standards for
demonstrating, for purposes of this subtitle, that a major disaster or
emergency directly resulted in--
(1) death;
(2) disability; or
(3) loss of employment due to physical damage to, or
destruction of, a business.
SEC. 542. IDENTIFICATION DOCUMENTS.
(a) Temporary Identification.--The Secretary shall have the
authority to instruct any Federal agency to issue temporary
identification documents to individuals affected by a major disaster or
emergency. Such documents shall be acceptable for identification
purposes under any Federal law until 1 year after the relevant major
disaster or emergency. For victims of Hurricane Katrina or Hurricane
Rita, such documents shall be valid until August 29, 2007.
(b) Issuance.--An agency may not issue identity documents under
this section after January 1, 2006.
(c) No Compulsion To Accept or Carry Identification Documents.--
Nationals of the United States shall not be compelled to accept or
carry documents issued under this section.
(d) No Proof of Citizenship.--Identity documents issued under this
section shall not constitute proof of citizenship or immigration
status.
SEC. 543. WAIVER OF REGULATIONS.
The Secretary shall carry out the provisions of this subtitle as
expeditiously as possible. The Secretary is not required to promulgate
regulations before implementing this subtitle. The requirements of
chapter 5 of title 5, United States Code (commonly referred to as the
``Administrative Procedure Act'') or any other law relating to rule
making, information collection, or publication in the Federal Register,
shall not apply to any action to implement this subtitle to the extent
the Secretary, the Secretary of Labor, or the Secretary of State
determine that compliance with such requirement would impede the
expeditious implementation of such Act.
SEC. 544. NOTICES OF CHANGE OF ADDRESS.
(a) In General.--If a notice of change of address otherwise
required to be submitted to the Secretary by an alien described in
subsection (b) relates to a change of address occurring during the
period beginning on the last business day, and ending on a date to be
determined by the Secretary, the alien may submit such notice. For
victims of Hurricane Katrina or Hurricane Rita, such period shall end
on the date of the enactment of this Act.
(b) Aliens Described.--An alien is described in this subsection if
the alien--
(1) resided, on the last business day, within a district of
the United States that was declared by the President to be
affected by a major disaster or emergency; and
(2) is required, under section 265 of the Immigration and
Nationality Act (8 U.S.C. 1305) or any other provision of law,
to notify the Secretary in writing of a change of address.
SEC. 545. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.
(a) In General.--The nonimmigrant status of an alien described in
subsection (b) shall be deemed to have been maintained during the
period beginning on the last business day, and ending on a date to be
determined by the Attorney General, if on such later date, the alien is
enrolled in a course of study, or participating in a designated
exchange visitor program, sufficient to satisfy the terms and
conditions of the alien's nonimmigrant status on the last business day.
For victims of Hurricane Katrina or Hurricane Rita, the relevant period
shall be deemed to have ended on September 15, 2006.
(b) Aliens Described.--An alien is described in this subsection if
the alien--
(1) was, on the last business day, lawfully present in the
United States in the status of a nonimmigrant described in
subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and
(2) fails to satisfy a term or condition of such status as
a direct result of a major disaster or emergency.
TITLE VI--LEGALIZATION OF UNDOCUMENTED INDIVIDUALS
Subtitle A--Conditional Nonimmigrants
SEC. 601. CONDITIONAL NONIMMIGRANTS.
(a) In General.--Notwithstanding any other provision of law,
including section 244(h) of the Immigration and Nationality Act (8
U.S.C. 1254a(h)), the Secretary may classify an alien as a conditional
nonimmigrant or conditional nonimmigrant dependent if the alien--
(1) submits an application for such classification; and
(2) meets the requirements of this section.
(b) Presence in the United States.--
(1) In general.--The alien shall establish that the alien--
(A) was present in the United States before June 1,
2006;
(B) has been continuously present in the United
States since the date described in subparagraph (A);
and
(C) was not legally present in the United States on
that date under any classification described in section
101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) or any other nonimmigrant status
made available under a treaty or other multinational
agreement that has been ratified by the Senate.
(2) Continuous presence.--For purposes of this subsection,
an absence from the United States without authorization for a
continuous period of more than 180 days between June 1, 2006,
and the beginning of the application period for classification
as a conditional nonimmigrant shall constitute a break in
continuous physical presence.
(c) Conditional Nonimmigrant Dependents.--Notwithstanding any other
provision of law, the Secretary shall classify the spouse or child of a
conditional nonimmigrant as a conditional nonimmigrant dependent, or
provide the spouse or child with a conditional nonimmigrant dependent
visa if--
(1) the spouse or child meets the applicable eligibility
requirements under this section; or
(2) the alien was, before the date on which this Act was
introduced in Congress, the spouse or child of an alien who was
subsequently classified as a conditional nonimmigrant under
this section, or is eligible for such classification, if--
(A) the termination of the relationship with such
spouse or parent was connected to domestic violence;
and
(B) the spouse or child has been battered or
subjected to extreme cruelty by the spouse or parent
who is a conditional nonimmigrant.
(d) Other Criteria.--
(1) In general.--An alien may be classified as a
conditional nonimmigrant or conditional nonimmigrant dependent
if the Secretary determines that the alien--
(A) is not inadmissible to the United States under
section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)), except as provided in paragraph
(2);
(B) has not ordered, incited, assisted, or
otherwise participated in the persecution of any person
on account of race, religion, nationality, membership
in a particular social group, or political opinion; and
(C) is not an alien--
(i) who has been convicted by final
judgment of a particularly serious crime and
constitutes a danger to the community of the
United States;
(ii) for whom there are reasonable grounds
for believing that the alien has committed a
particularly serious crime outside the United
States before arriving in the United States; or
(iii) for whom there are reasonable grounds
for regarding the alien as a danger to the
security of the United States; and
(D) has been convicted of a felony or 3 or more
misdemeanors under Federal or State law.
(2) Grounds of inadmissibility.--In determining an alien's
admissibility under paragraph (1)(A)--
(A) paragraphs (5), (6) (excluding subparagraph
(E)), (7), (9), and (10)(B) of section 212(a) of such
Act shall not apply;
(B) the Secretary may not waive--
(i) subparagraph (A), (B), (C), (D)(ii),
(E), (G), (H), or (I) of section 212(a)(2) of
such Act (relating to criminals);
(ii) section 212(a)(3) of such Act
(relating to security and related grounds); or
(iii) subparagraph (A), (C), or (D) of
section 212(a)(10) of such Act (relating to
polygamists and child abductors);
(C) the Secretary may waive the application of any
provision of section 212(a) of such Act not listed in
subparagraph (B) on behalf of an individual alien for
humanitarian purposes, to ensure family unity, or if
such waiver is otherwise in the public interest; and
(D) nothing in this paragraph shall be construed as
affecting the authority of the Secretary other than
under this paragraph to waive the provisions of section
212(a) of such Act.
(3) Applicability of other provisions.--Sections 240B(d)
and 241(a)(5) of the Immigration and Nationality Act (8 U.S.C.
1229c(d) and 1231(a)(5)) shall not apply to an alien who is
applying for classification under this section for conduct that
occurred before the date on which this Act was introduced in
Congress.
(e) Attestation of Employment.--The Secretary may not classify an
alien as a conditional nonimmigrant unless the alien--
(1) attests, under penalty of perjury, that the alien--
(A) was employed full time, part time, or
seasonally in the United States or was self-employed
before June 1, 2006, and has been employed in the
United States since that date; or
(B) was otherwise physically present before June 1,
2006, under the limitations described in subsections
(b) and (c) of section 602; and
(2) submits evidence that the Secretary determines to be
necessary to establish prima facie evidence of employment or
physical presence in the United States.
(f) Security and Law Enforcement Background Checks.--
(1) Submission of fingerprints.--The Secretary may not
classify an alien as a conditional nonimmigrant or a
conditional nonimmigrant dependent unless the alien submits
fingerprints in accordance with procedures established by the
Secretary.
(2) Background checks.--The Secretary shall utilize
fingerprints and other biometric data provided by the alien to
conduct a background check of such alien to search for
criminal, national security, or other law enforcement actions
that would render the alien ineligible for classification under
this section.
(3) Expeditious processing.--The background checks required
under paragraph (2) shall be conducted as expeditiously as
possible.
(g) Period of Authorized Stay; Application Fee and Fine.--
(1) Period of authorized stay.--
(A) In general.--Except as provided under
subparagraph (C), the period of authorized stay for a
conditional nonimmigrant or a conditional nonimmigrant
dependent shall be 6 years from the date on which such
status is conferred.
(B) Limitation.--The Secretary may not adjust or
change the status of a conditional nonimmigrant or a
conditional nonimmigrant dependent to any other
immigrant or nonimmigrant classification until the
termination of the 6-year period described in
subparagraph (A).
(C) Extension.--The Secretary may only extend the
period described in subparagraph (A) to accommodate the
processing of an application for adjustment of status
under section 602.
(2) Application fee and fines.--
(A) Application fee.--The Secretary shall impose a
fee for filing an application under this section. Such
fee shall be sufficient to cover the administrative and
other expenses incurred in connection with the review
of such applications.
(B) Fines.--
(i) In general.--Except as provided under
clause (ii), an alien filing an application
under this section shall submit to the
Secretary, in addition to the fee required
under subparagraph (A), a fine of $500.
(ii) Exception.--An alien who is younger
than 21 years of age shall not be required to
pay a fine under this paragraph.
(C) Disposition of fees and fines.--
(i) Fees.--Fees collected under this
paragraph shall be deposited into the
Immigration Examination Fee Account and remain
available as provided under subsections (m) and
(n) of section 286.
(ii) Fines.--Fines collected under this
paragraph shall be deposited into the New
Worker Program and Conditional Nonimmigrant Fee
Account established under section 286(w).
(h) Treatment of Applicants.--
(1) In general.--An alien who files an application under
this section to become a conditional nonimmigrant or a
conditional nonimmigrant dependent--
(A) shall be granted employment authorization
pending final adjudication of the alien's application;
(B) shall be granted permission to travel abroad;
(C) may not be detained for immigration purposes,
determined inadmissible or deportable, or removed
pending final adjudication of the alien's application,
unless the alien, due to conduct or criminal
conviction, becomes ineligible for conditional
nonimmigrant classification; and
(D) may not be considered an unauthorized alien (as
defined in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3))) until
employment authorization under subparagraph (A) is
denied.
(2) Document of authorization.--The Secretary shall provide
each alien described in paragraph (1) with a counterfeit-
resistant document of authorization that--
(A) meets all current requirements established by
the Secretary for travel documents, including the
requirements under section 403 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note); and
(B) reflects the benefits and status set forth in
paragraph (1).
(3) Before application period.--If an alien is apprehended
between the date of the enactment of this Act and the date on
which regulations are promulgated to implement this section,
and the alien can establish prima facie eligibility as a
conditional nonimmigrant or a conditional nonimmigrant
dependent, the Secretary shall provide the alien with a
reasonable opportunity to file an application under this
section after such regulations are promulgated.
(4) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, if an
immigration judge determines that an alien who is in removal
proceedings has made a prima facie case of eligibility for
classification as a conditional nonimmigrant or a conditional
nonimmigrant dependent, the judge shall administratively close
such proceedings and permit the alien a reasonable opportunity
to apply for such classification.
(5) Relationships of application to certain orders.--
(A) In general.--An alien who is present in the
United States and has been ordered excluded, deported,
removed, or ordered to depart voluntarily from the
United States under any provision of the Immigration
and Nationality Act--
(i) notwithstanding such order, may apply
for classification as a conditional
nonimmigrant or conditional nonimmigrant
dependent under this subtitle; and
(ii) shall not be required to file a
separate motion to reopen, reconsider, or
vacate the exclusion, deportation, removal, or
voluntary departure order.
(B) Application granted.--If the Secretary grants
the application described in subparagraph (A)(i), the
Secretary shall cancel the order described in
subparagraph (A).
(C) Application denied.--If the Secretary renders a
final administrative decision to deny the application
described in subparagraph (A)(i), the order described
in subparagraph (A) shall be effective and enforceable
to the same extent as if the application had not been
made.
(i) Classification.--If the Secretary determines that an alien is
eligible for classification as a conditional nonimmigrant or
conditional nonimmigrant dependent, the alien shall be entitled to all
benefits described in subsection (h)(1). The Secretary may authorize
the use of a document described in subsection (h)(2) as evidence of
such classification or may issue additional documentation as evidence
of classification as a conditional nonimmigrant or conditional
nonimmigrant dependent.
(j) Termination of Benefits.--
(1) In general.--Any benefit provided to an alien seeking
classification as a conditional nonimmigrant or conditional
nonimmigrant dependent, or who is classified as such, under
this section shall terminate if--
(A) the Secretary determines that the alien is
ineligible for such classification and all review
procedures under section 603 have been exhausted or
waived by the alien;
(B) the alien is found removable from the United
States under section 237 of the Immigration and
Nationality Act (8 U.S.C. 1227);
(C) the alien has used documentation issued under
this section for unlawful or fraudulent purposes; or
(D) in the case of the spouse or child of an alien
applying for classification as a conditional
nonimmigrant or classified as a conditional
nonimmigrant under this section, the benefits for the
principal alien are terminated.
(k) Dissemination of Information on Conditional Nonimmigrant
Program.--During the 12-month period immediately after the issuance of
regulations implementing this section, the Secretary, in cooperation
with entities approved by the Secretary, shall broadly disseminate
information respecting conditional nonimmigrant or conditional
nonimmigrant dependent classification under this section and the
requirements to be satisfied to obtain such classification. The
Secretary shall disseminate information to employers and labor unions
to advise them of the rights and protections available to them and to
workers who file applications under this section. Such information
shall be broadly disseminated, in the principal languages, as
determined by the Secretary, spoken by aliens who would qualify for
classification under this section, including to television, radio, and
print media to which such aliens would have access.
SEC. 602. ADJUSTMENT OF STATUS FOR CONDITIONAL NONIMMIGRANTS.
(a) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, including section 244(h) of the Immigration and
Nationality Act (8 U.S.C. 1254a(h)), the Secretary may adjust
the status of a conditional nonimmigrant or a conditional
nonimmigrant dependent to that of an alien lawfully admitted
for permanent residence if the conditional nonimmigrant or
conditional nonimmigrant dependent satisfies the applicable
requirements under this subsection.
(2) Completion of employment or education requirement.--A
conditional nonimmigrant applying for adjustment of status
under this section shall establish that during the 6-year
period immediately preceding the application for adjustment of
status, he or she--
(A) has been employed full-time, part-time, or
seasonally in the United States;
(B) has been self-employed in the United States; or
(C) has met the education requirements under
subsection (c).
(3) Evidence of employment.--
(A) Conclusive documents.--An alien may
conclusively establish employment status in compliance
with paragraph (2) by submitting records to the
Secretary that demonstrate such employment, and have
been maintained by the Social Security Administration,
the Internal Revenue Service, or any other Federal,
State, or local government agency.
(B) Other documents.--An alien who is unable to
submit a document described in subparagraph (A) may
satisfy the requirement under paragraph (1) by
submitting to the Secretary at least 2 other types of
reliable documents that provide evidence of employment,
including--
(i) bank records;
(ii) business records;
(iii) employer records;
(iv) records of a labor union, day labor
center, or organization that assists workers in
employment;
(v) sworn affidavits from nonrelatives who
have direct knowledge of the alien's work, that
contain--
(I) the name, address, and
telephone number of the affiant;
(II) the nature and duration of the
relationship between the affiant and
the alien; and
(III) other verification or
information; and
(vi) remittance records.
(C) Additional documents and restrictions.--The
Secretary may--
(i) designate additional documents to
evidence employment in the United States; and
(ii) set such terms and conditions on the
use of affidavits as is necessary to verify and
confirm the identity of any affiant or
otherwise prevent fraudulent submissions.
(4) Sense of congress.--It is the sense of the Congress
that the requirement under this subsection should be
interpreted and implemented in a manner that recognizes and
takes into account the difficulties encountered by aliens in
obtaining evidence of employment due to the undocumented status
of the alien.
(5) Burden of proof.--An alien described in paragraph (1)
who is applying for adjustment of status under this section
shall prove, by a preponderance of the evidence, that the alien
has satisfied the requirements of this subsection. An alien may
meet such burden of proof by producing sufficient evidence to
demonstrate such employment as a matter of reasonable
inference.
(6) Portability.--An alien shall not be required to
complete the employment requirements under this section with a
single employer.
(b) Exceptions and Special Rules.--
(1) Exceptions based on age.--The employment requirements
under this section shall not apply--
(A) to any alien who is classified as a conditional
nonimmigrant dependent who was younger than 21 years of
age on the date of the enactment of this Act; or
(B) to any alien who is 65 years of age or older on
the date of the enactment of this Act.
(2) Disabilities; pregnancy.--The employment requirements
under this section shall be reduced for an alien who cannot
demonstrate employment based on a physical or mental disability
(as defined under section 3(2) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(2)) or as a result of
pregnancy if such condition is evidenced by the submission of
documentation prescribed by the Secretary.
(c) Application Procedure and Fee.--
(1) In general.--The Secretary shall promulgate regulations
establishing procedures for submitting an application for
adjustment of status under this section. The Secretary shall
impose a fee for filing an application for adjustment of status
under this section which shall be sufficient to cover the
administrative and other expenses incurred in connection with
the review of such applications.
(2) Fines.--
(A) In general.--Except as provided under
subparagraph (B), an alien filing an application for
adjustment of status under this section shall pay a
$1500 fine to the Secretary, in addition to the fee
required under paragraph (1).
(B) Exception.--An alien who is classified as a
conditional nonimmigrant dependent who was under 21
years of age on the date of enactment of this Act shall
not be required to pay a fine under this paragraph.
(3) State impact assistance fee.--
(A) In general.--In addition to any other amounts
required to be paid under this subsection, a
conditional nonimmigrant shall submit a State impact
assistance fee equal to $500 with the application for
adjustment filed under this section.
(B) Use of fee.--Fees collected under subparagraph
(A) shall be deposited in the State Impact Assistance
Account and shall remain available under 286(x) of the
Immigration and Nationality Act.
(4) Deposit of fees.--Fees collected under this paragraph
shall be deposited into the Immigration Examination Fee Account
and shall remain available as provided under subsections (m)
and (n) of section 286 of the Immigration and Nationality Act
(8 U.S.C. 1356).
(5) Deposit of fines.--Fines collected under this paragraph
shall be deposited into the New Worker Program and Conditional
Nonimmigrant Fee Account and shall remain available as provided
under section 286(w) of the Immigration and Nationality Act.
(d) Admissible Under Immigration Laws.--A conditional nonimmigrant
or conditional nonimmigrant dependent applying for adjustment of status
under this section shall establish that he or she is not inadmissible
under section 212(a), except for any provision under that section that
is not applicable or waived under paragraph (2) or (3) of section
601(d). For purposes of an application filed under this section, any
prior waiver of inadmissibility granted to an alien under section
601(d)(2(C) shall remain in effect with respect to the specific conduct
considered by the Secretary at the time of classification under section
601.
(e) Legal Reentry.--
(1) In general.--A conditional nonimmigrant applying for
adjustment of status under this section shall physically depart
the United States and after such departure, be admitted to the
United States as a conditional nonimmigrant or applicant for
conditional nonimmigrant status, as evidenced by documentation
issued by the Secretary. A record of such admission shall be
created by the Secretary through the US-VISIT exit and entry
system, or any other system maintained by the Secretary to
create a record of a lawful entry.
(2) Departure and reentry.--A conditional nonimmigrant
seeking to establish lawful admission under paragraph (1)(B)
may seek admission to the United States at any port of entry at
which the US-VISIT exit and entry system, or any other system
maintained by the Secretary to record lawful admission, is in
operation. Departure and subsequent lawful admission to the
United States shall occur not later than 90 days before the
conditional nonimmigrant files an application for adjustment to
lawful permanent resident status under this section.
(3) Exemptions.--Paragraph (2) shall not apply to an alien
who, on the date on which the application for adjustment of
status is filed under this section--
(A) has served in the Armed Forces of the United
States;
(B) has a son or daughter who has served or is
serving in the Armed Forces of the United States;
(C) has a pending or approved application under
section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a), the Nicaraguan Adjustment and Central
American Relief Act (Public Law 105-100), or the
Haitian Refugee Immigration Fairness Act of 1998
(Public Law 105-277);
(D) is at least 65 years of age;
(E) is younger than 21 years of age;
(F) suffers from an ongoing physical or mental
disability (as defined in section 3(2) of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102));
(G) is a single parent head of household; or
(H) cannot comply with such paragraph due to
extreme hardship to the alien or an immediate family
member, as determined by the Secretary.
(4) Failure to establish lawful admission to the united
states.--Unless exempted under paragraph (3), a conditional
nonimmigrant who fails to depart and reenter the United States
in accordance with paragraph (1) may not become a lawful
permanent resident under this section.
(f) Medical Examination.--A conditional nonimmigrant or a
conditional nonimmigrant dependent shall undergo an appropriate medical
examination (including a determination of immunization status) that
conforms to generally accepted professional standards of medical
practice.
(g) Payment of Income Taxes.--
(1) In general.--Not later than the date on which status is
adjusted under this section, a conditional nonimmigrant or
conditional nonimmigrant dependent shall satisfy any applicable
Federal tax liability by establishing that--
(A) no such tax liability exists;
(B) all outstanding liabilities have been paid; or
(C) the conditional nonimmigrant has entered into,
and is in compliance with, an agreement for payment of
all outstanding liabilities with the Internal Revenue
Service.
(2) Applicable federal tax liability.--For purposes of
paragraph (1), the term ``applicable Federal tax liability''
means liability for Federal taxes, including penalties and
interest, owed for any year during the period of employment
required under subsection (a)(2) for which the statutory period
for assessment of any deficiency for such taxes has not
expired.
(3) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner of
Internal Revenue shall provide documentation to--
(A) a conditional nonimmigrant or conditional
nonimmigrant dependent, upon request, to establish the
payment of all taxes required under this subsection; or
(B) the Secretary, upon request, regarding the
payment of Federal taxes by an alien applying for a
benefit under this section.
(4) Compliance.--The alien may satisfy proof of compliance
with this subsection by submitting documentation that
establishes that--
(A) no such tax liability exists;
(B) all outstanding liabilities have been met; or
(C) the alien has entered into, and is in
compliance with, an agreement for payment of all
outstanding liabilities with the Internal Revenue
Service.
(h) Basic Citizenship Skills.--
(1) In general.--Except as provided under paragraph (2), a
conditional nonimmigrant or conditional nonimmigrant dependent
shall establish that he or she--
(A) meets the requirements under section 312 of the
Immigration and Nationality Act (8 U.S.C. 1423); or
(B) is satisfactorily pursuing a course of study to
achieve such an understanding of English and knowledge
and understanding of the history and Government of the
United States.
(2) Relation to naturalization examination.--A conditional
nonimmigrant or conditional nonimmigrant dependent who
demonstrates that he or she meets the requirements under such
section 312 may be considered to have satisfied the
requirements of that section for purposes of becoming
naturalized as a citizen of the United States under title III
of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.).
(3) Exceptions.--
(A) Mandatory.--Paragraph (1) shall not apply to
any person who is unable to comply with those
requirements because of a physical or developmental
disability or mental impairment as described in section
312(b)(1) of the Immigration and Nationality Act.
(B) Discretionary.--The Secretary may waive all or
part of paragraph (1) for a conditional nonimmigrant
who is at least 65 years of age on the date on which an
application is filed for adjustment of status under
this section.
(i) Security and Law Enforcement Background Checks.--The Secretary
shall conduct a security and law enforcement background check in
accordance with procedures described in section 601(f).
(j) Military Selective Service.--If a conditional nonimmigrant or
conditional nonimmigrant dependent is within the age period required
under the Military Selective Service Act (50 U.S.C. App. 451 et seq.),
the conditional nonimmigrant shall establish proof of registration
under that Act.
(k) Treatment of Conditional Nonimmigrant Dependents.--
(1) Adjustment of status.--Notwithstanding any other
provision of law, the Secretary may--
(A) adjust the status of a conditional nonimmigrant
dependent to that of a person admitted for lawful
permanent residence if the principal conditional
nonimmigrant spouse or parent has been found eligible
for adjustment of status under this section;
(B) adjust the status of a conditional nonimmigrant
dependent who was the spouse or child of an alien who
was classified as a conditional nonimmigrant or was
eligible for such classification under section 601, to
that of a person admitted for permanent residence if--
(i) the termination of the relationship
with such spouse or parent was connected to
domestic violence; and
(ii) the spouse or child has been battered
or subjected to extreme cruelty by the spouse
or parent.
(2) Application of other law.--In processing applications
under this subsection on behalf of aliens who have been
battered or subjected to extreme cruelty, the Secretary shall
apply--
(A) the provisions under section 204(a)(1)(J) of
the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(J)); and
(B) the protections, prohibitions, and penalties
under section 384 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
(l) Back of the Line.--An alien may not adjust status to that of a
lawful permanent resident status under the Development, Relief, and
Education for Alien Minors Act of 2007 until that earlier of--
(1) 30 days after an immigrant visa becomes available for
petitions filed under sections 201, 202, and 203 that were
filed before the date of enactment of the STRIVE Act of 2007;
or
(2) 8 years after the enactment of the Development, Relief,
and Education for Alien Minors Act of 2007.
(m) Ineligibility for Public Benefits.--For purposes of section 403
of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613), an alien whose status has been adjusted under
this section shall not be eligible for any Federal means-tested public
benefit unless the alien meets the alien eligibility criteria for such
benefit under title IV of such Act (8 U.S.C. 1601 et seq.).
SEC. 603. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--
(1) Single level of administrative appellate review.--The
Secretary shall establish an appellate review process within
United States Citizenship and Immigration Services to provide
for a single level of administrative appellate review of a
final determination respecting an application for
classification or adjustment of status under this subtitle.
(2) Standard for review.--Administrative appellate review
under paragraph (1) shall be based solely upon the
administrative record established at the time of the
determination on the application and upon the presentation of
additional or newly discovered evidence during the time of the
pending appeal.
(b) Judicial Review.--
(1) In general.--The circuit courts of appeal of the United
States shall have jurisdiction to review the denial of an
application for classification or adjustment of status under
this subtitle. Notwithstanding any other provision of law, the
standard for review of such a denial shall be governed by
paragraph (2).
(2) Standard for judicial review.--Judicial review of a
denial of an application under this subtitle shall be based
solely upon the administrative record established at the time
of the review. The findings of fact and other determinations
contained in the record shall be conclusive unless the
applicant can establish abuse of discretion or findings that
are directly contrary to clear and convincing facts contained
in the record, considered as a whole.
(3) Jurisdiction of courts.--
(A) In general.--Notwithstanding any other
provision of law, the district courts of the United
States shall have jurisdiction over any cause or claim
arising from a pattern or practice of the Secretary in
the operation or implementation of this subtitle that
is arbitrary, capricious, or otherwise contrary to law,
and may order any appropriate relief.
(B) Remedies.--A district court may order any
appropriate relief under subparagraph (A) if the court
determines that--
(i) resolution of such cause or claim will
serve judicial and administrative efficiency;
or
(ii) a remedy would otherwise not be
reasonably available or practicable.
(c) Stay of Removal.--An alien seeking administrative or judicial
review under this section may not be removed from the United States
until a final decision is rendered establishing that the alien is
ineligible for classification or adjustment of status under this
subtitle unless such removal is based on criminal or national security
grounds.
SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.
(a) Mandatory Disclosure.--The Secretary and the Secretary of State
shall provide a duly recognized law enforcement entity that submits a
written request with the information furnished pursuant to an
application filed under this subtitle, and any other information
derived from such furnished information, in connection with a criminal
investigation or prosecution or a national security investigation or
prosecution, of an individual suspect or group of suspects.
(b) Limitations.--Except as otherwise provided under this section,
no Federal agency, or any officer, employee, or agent of such agency,
may--
(1) use the information furnished by the applicant pursuant
to an application for benefits under this subtitle for any
purpose other than to make a determination on the application;
(2) make any publication through which the information
furnished by any particular applicant can be identified; or
(3) permit anyone other than the sworn officers and
employees of such agency to examine individual applications.
(c) Criminal Penalty.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this section shall
be fined not more than $10,000.
SEC. 605. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.
(a) Criminal Penalty.--
(1) Violation.--It shall be unlawful for any person--
(A) to file, or assist in filing, an application
for benefits under this subtitle; and
(i) to knowingly and willfully falsify,
misrepresent, conceal, or cover up a material
fact;
(ii) to make any false, fictitious, or
fraudulent statements or representations; or
(iii) to make or use any false writing or
document knowing the same to contain any false,
fictitious, or fraudulent statement or entry;
or
(B) to create or supply a false writing or document
for use in making such an application.
(2) Penalty.--Any person who violates paragraph (1) shall
be fined in accordance with title 18, United States Code,
imprisoned not more than 5 years, or both.
(b) Inadmissibility.--An alien who is convicted of violating
subsection (a) shall be considered to be inadmissible to the United
States on the ground described in section 212(a)(6)(C)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).
(c) Exception.--Notwithstanding subsections (a) and (b), any alien
or other entity (including an employer or union) that submits an
employment record that contains incorrect data used by the alien to
obtain such employment, shall not, on that ground, be determined to
have violated this section.
SEC. 606. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by title V, is
further amended--
(1) in subparagraph (A), by striking ``subparagraph (A) or
(B) of''; and
(2) by adding at the end the following:
``(N) Aliens whose status is adjusted from that of a
conditional nonimmigrant or conditional nonimmigrant
dependent.''.
SEC. 607. EMPLOYER PROTECTIONS.
(a) Immigration Status of Alien.--Employers of aliens applying for
conditional nonimmigrant or conditional nonimmigrant dependent
classification or adjustment of status under section 601 or 602 shall
not be subject to civil and criminal tax liability relating directly to
the employment of such alien before receiving employment authorization
under this subtitle.
(b) Provision of Employment Records.--Employers that provide
unauthorized aliens with copies of employment records or other evidence
of employment pursuant to an application for conditional nonimmigrant
or conditional nonimmigrant dependent classification or adjustment of
status under section 601 or 602 or any other application or petition
pursuant to any other immigration law, shall not be subject to civil
and criminal liability under section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) for employing such unauthorized
aliens.
(c) Applicability of Other Law.--Nothing in this section may be
used to shield an employer from liability under section 274B of the
Immigration and Nationality Act (8 U.S.C. 1324b) or any other labor or
employment law.
SEC. 608. LIMITATIONS ON ELIGIBILITY.
(a) In General.--An alien is not ineligible for any immigration
benefit under any provision of this title, or any amendment made by
this title, solely on the basis that the alien violated section 1543,
1544, or 1546 of title 18, United States Code, or any amendments made
by this Act, during the period beginning on the date of the enactment
of this Act and ending on the date on which the alien applies for any
benefits under this title.
(b) Prosecution.--An alien who commits a violation of section 1543,
1544, or 1546 of such title or any amendments made by this Act, during
the period beginning on the date of the enactment of this Act and
ending on the date that the alien applies for eligibility for such
benefit may be prosecuted for the violation if the alien's application
for such benefit is denied.
SEC. 609. RULEMAKING.
The Secretary shall promulgate regulations regarding the timely
filing and processing of applications for benefits under this subtitle.
SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out this subtitle and
the amendments made by this subtitle.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) shall remain available until expended.
(c) Sense of Congress.--It is the sense of the Congress that funds
authorized to be appropriated under subsection (a) should be directly
appropriated so as to facilitate the orderly and timely commencement of
the processing of applications filed under sections 601 and 602.
Subtitle B--DREAM Act of 2007
SEC. 621. SHORT TITLE.
This subtitle may be cited as the ``Development, Relief, and
Education for Alien Minors Act of 2007'' or the ``DREAM Act of 2007''.
SEC. 622. DEFINITIONS.
In this subtitle:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Uniformed services.--The term ``uniformed services''
has the meaning given that term in section 101(a) of title 10,
United States Code.
SEC. 623. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR
PURPOSES OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 110 Stat. 3009-546).
SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN
LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES
AS CHILDREN.
(a) Special Rule for Certain Long-Term Residents Who Entered the
United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this subtitle, the
Secretary may cancel removal of, and adjust to the status of an
alien lawfully admitted for permanent residence, subject to the
conditional basis described in section 625, an alien who is
inadmissible or deportable from the United States, if the alien
demonstrates that--
(A) the alien has been physically present in the
United States for a continuous period of not less than
5 years immediately preceding the date of enactment of
this Act, and had not yet reached the age of 16 years
at the time of initial entry;
(B) the alien has been a person of good moral
character since the time of application;
(C) the alien--
(i) is not inadmissible under paragraph
(2), (3), (6)(E), or (10)(C) of section 212(a)
of the Immigration and Nationality Act (8
U.S.C. 1182(a)); and
(ii) is not deportable under paragraph
(1)(E), (2), or (4) of section 237(a) of the
Immigration and Nationality Act (8 U.S.C.
1227(a));
(D) the alien, at the time of application, has been
admitted to an institution of higher education in the
United States, or has earned a high school diploma or
obtained a general education development certificate in
the United States; and
(E) the alien has never been under a final
administrative or judicial order of exclusion,
deportation, or removal, unless the alien--
(i) has remained in the United States under
color of law after such order was issued; or
(ii) received the order before attaining
the age of 16 years.
(2) Waiver.--Notwithstanding paragraph (1), the Secretary
may waive the ground of ineligibility under section
212(a)(6)(E) of the Immigration and Nationality Act and the
ground of deportability under paragraph (1)(E) of section
237(a) of that Act for humanitarian purposes or family unity or
when it is otherwise in the public interest.
(3) Procedures.--The Secretary shall provide a procedure by
regulation allowing eligible individuals to apply affirmatively
for the relief available under this subsection without being
placed in removal proceedings.
(b) Termination of Continuous Period.--For purposes of this
section, any period of continuous residence or continuous physical
presence in the United States of an alien who applies for cancellation
of removal under this section shall not terminate when the alien is
served a notice to appear under section 239(a) of the Immigration and
Nationality Act (8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall be considered to have
failed to maintain continuous physical presence in the United
States under subsection (a) 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.
(2) Extensions for exceptional circumstances.--The
Secretary 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. The
exceptional circumstances determined sufficient to justify an
extension should be no less compelling than serious illness of
the alien, or death or serious illness of a parent,
grandparent, sibling, or child.
(d) Exemption From Numerical Limitations.--Nothing in this section
may be construed to apply a numerical limitation on the number of
aliens who may be eligible for cancellation of removal or adjustment of
status under this section.
(e) Rulemaking.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall publish
regulations implementing this section. Such regulations shall
be effective immediately on an interim basis, but are subject
to change and revision after public notice and opportunity for
a period for public comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance with
paragraph (1), the Secretary shall publish final regulations
implementing this section.
(f) Removal of Alien.--The Secretary may not remove any alien who
has a pending application for conditional status under this subtitle.
SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.
(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of law, and except as provided in section 626,
an alien whose status has been adjusted under section 624 to
that of an alien lawfully admitted for permanent residence
shall be considered to have obtained such status on a
conditional basis subject to the provisions of this section.
Such conditional permanent resident status shall be valid for a
period of 6 years, subject to termination under subsection (b).
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At
the time an alien obtains permanent resident status on
a conditional basis under paragraph (1), the Secretary
shall provide for notice to the alien regarding the
provisions of this section and the requirements of
subsection (c) to have the conditional basis of such
status removed.
(B) Effect of failure to provide notice.--The
failure of the Secretary to provide a notice under this
paragraph--
(i) shall not affect the enforcement of the
provisions of this Act with respect to the
alien; and
(ii) shall not give rise to any private
right of action by the alien.
(b) Termination of Status.--
(1) In general.--The Secretary shall terminate the
conditional permanent resident status of any alien who obtained
such status under this subtitle, if the Secretary determines
that the alien--
(A) ceases to meet the requirements of subparagraph
(B) or (C) of section 624(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other than
honorable discharge from the uniformed services.
(2) Return to previous immigration status.--Any alien whose
conditional permanent resident status is terminated under
paragraph (1) shall return to the immigration status the alien
had immediately prior to receiving conditional permanent
resident status under this subtitle.
(c) Requirements of Timely Petition for Removal of Condition.--
(1) In general.--In order for the conditional basis of
permanent resident status obtained by an alien under subsection
(a) to be removed, the alien shall file with the Secretary, in
accordance with paragraph (3), a petition which--
(A) requests the removal of such conditional basis;
and
(B) provides, under penalty of perjury, the facts
and information needed by the Secretary to make the
determination described in paragraph (2)(A).
(2) Adjudication of petition to remove condition.--
(A) In general.--If a petition is filed in
accordance with paragraph (1) for an alien, the
Secretary shall make a determination as to whether the
alien meets the requirements set forth in subparagraphs
(A) through (E) of subsection (d)(1).
(B) Removal of conditional basis if favorable
determination.--If the Secretary determines that the
alien meets such requirements, the Secretary shall
notify the alien of such determination and immediately
remove the conditional basis of the status of the
alien.
(C) Termination if adverse determination.--If the
Secretary determines that the alien does not meet such
requirements, the Secretary shall notify the alien of
such determination and terminate the conditional
permanent resident status of the alien as of the date
of the determination.
(3) Time to file petition.--
(A) In general.--An alien may petition to remove
the conditional basis to lawful resident status during
the period beginning 180 days before and ending 2 years
after the date that is 6 years after--
(i) the date of the granting of conditional
permanent resident status; or
(ii) any other expiration date of the
conditional permanent resident status as
extended by the Secretary in accordance with
this subtitle.
(B) Status.--The alien shall be deemed in
conditional permanent resident status in the United
States during the period in which a petition under
subparagraph (A) is pending.
(d) Details of Petition.--
(1) Contents of petition.--Each petition for an alien under
subsection (c)(1) shall contain information to permit the
Secretary to determine whether each of the following
requirements is met:
(A) The alien has demonstrated good moral character
during the entire period the alien has been a
conditional permanent resident.
(B) The alien is in compliance with section
624(a)(1)(C).
(C) The alien has not abandoned the alien's
residence in the United States. The Secretary shall
presume that the alien has abandoned such residence if
the alien is absent from the United States for more
than 365 days, in the aggregate, during the period of
conditional residence, unless the alien demonstrates
that the alien has not abandoned the alien's residence.
An alien who is absent from the United States due to
active service in the uniformed services has not
abandoned the alien's residence in the United States
during the period of such service.
(D) The alien has completed at least 1 of the
following:
(i) The alien has acquired a degree from an
institution of higher education in the United
States or has completed at least 2 years, in
good standing, in a program for a bachelor's
degree or higher degree in the United States.
(ii) The alien has served in the uniformed
services for at least 2 years and, if
discharged, has received an honorable
discharge.
(E) The alien has provided a list of each secondary
school (as that term is defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) that the alien attended in the United
States.
(2) Hardship exception.--
(A) In general.--The Secretary may remove the
conditional status of an alien if the alien--
(i) satisfies the requirements of
subparagraphs (A), (B), and (C) of paragraph
(1);
(ii) demonstrates compelling circumstances
for the inability to complete the requirements
described in paragraph (1)(D); and
(iii) demonstrates that the alien's removal
from the United States would result in
exceptional and extremely unusual hardship to
the alien or the alien's spouse, parent, or
child who is a citizen or a lawful permanent
resident of the United States.
(B) Extension.--Upon a showing of good cause, the
Secretary may extend the period of conditional resident
status for the purpose of completing the requirements
described in paragraph (1)(D).
(e) Treatment of Period for Purposes of Naturalization.--For
purposes of title III of the Immigration and Nationality Act (8 U.S.C.
1401 et seq.), an alien who is in the United States as a lawful
permanent resident on a conditional basis under this section shall be
considered to have been admitted as an alien lawfully admitted for
permanent residence and to be in the United States as an alien lawfully
admitted to the United States for permanent residence. The alien may
not apply for naturalization until the conditional basis is removed.
SEC. 626. RETROACTIVE BENEFITS UNDER THIS ACT.
If, on the date of the enactment of this Act, an alien has
satisfied all the requirements of subparagraphs (A) through (E) of
section 624(a)(1) and section 625(d)(1)(D), the Secretary may adjust
the status of the alien to that of a conditional resident in accordance
with section 624. The alien may petition for removal of such condition
at the end of the conditional residence period in accordance with
section 625(c) if the alien has met the requirements of subparagraphs
(A), (B), and (C) of section 625(d)(1) during the entire period of
conditional residence.
SEC. 627. EXCLUSIVE JURISDICTION.
(a) In General.--The Secretary shall have exclusive jurisdiction to
determine eligibility for relief under this subtitle, except if the
alien has been placed into deportation, exclusion, or removal
proceedings either prior to or after filing an application for relief
under this Act, in which case the Attorney General shall have exclusive
jurisdiction and shall assume all the powers and duties of the
Secretary until proceedings are terminated, or if a final order of
deportation, exclusion, or removal is entered the Secretary shall
resume all powers and duties delegated to the Secretary under this
subtitle.
(b) Stay of Removal of Certain Aliens Enrolled in Primary or
Secondary School.--The Attorney General shall stay the removal
proceedings of any alien who--
(1) meets all the requirements of subparagraphs (A), (B),
(C), and (E) of section 624(a)(1);
(2) is at least 12 years of age; and
(3) is enrolled full time in a primary or secondary school.
(c) Employment.--An alien whose removal is stayed pursuant to
subsection (b) may be engaged in employment in the United States
consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.)
and State and local laws governing minimum age for employment.
(d) Lift of Stay.--The Attorney General shall lift the stay granted
pursuant to subsection (b) if the alien--
(1) is no longer enrolled in a primary or secondary school;
or
(2) ceases to meet the requirements of subsection (b)(1).
SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.
Any person who files an application for relief under this subtitle
and willfully and knowingly falsifies, misrepresents, or conceals a
material fact or makes any false or fraudulent statement or
representation, or makes or uses any false writing or document knowing
the same to contain any false or fraudulent statement or entry, shall
be fined in accordance with title 18, United States Code, imprisoned
not more than 5 years, or both.
SEC. 629. CONFIDENTIALITY OF INFORMATION.
(a) Prohibition.--Except as provided in subsection (b), no officer
or employee of the United States may--
(1) use the information furnished by the applicant pursuant
to an application filed under this Act to initiate removal
proceedings against any persons identified in the application;
(2) make any publication whereby the information furnished
by any particular individual pursuant to an application under
this Act can be identified; or
(3) permit anyone other than an officer or employee of the
United States Government or, in the case of applications filed
under this Act with a designated entity, that designated
entity, to examine applications filed under this Act.
(b) Required Disclosure.--The Secretary or the Attorney General
shall provide the information furnished under this section, and any
other information derived from such furnished information, to--
(1) a duly recognized law enforcement entity in connection
with an investigation or prosecution of an offense described in
paragraph (2) or (3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), when such information is
requested in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(c) Penalty.--Any person who knowingly uses, publishes, or permits
information to be examined in violation of this section shall be fined
not more than $10,000.
SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
Regulations promulgated under this subtitle shall provide that
applications under this subtitle will be considered on an expedited
basis and without a requirement for the payment by the applicant of any
additional fee for such expedited processing.
SEC. 631. HIGHER EDUCATION ASSISTANCE.
Notwithstanding any provision of the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), with respect to assistance provided under
title IV of such Act (20 U.S.C. 1070 et seq.), an alien who adjusts
status to that of a lawful permanent resident under this subtitle shall
only be eligible for the following assistance under such title:
(1) Student loans under parts B, D, and E of such title IV
(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
subject to the requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.
SEC. 632. GAO REPORT.
Not later than 7 years after the date of the enactment of this Act,
the Comptroller General of the United States shall submit a report to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that sets forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status under section 624(a);
(2) the number of aliens who applied for adjustment of
status under section 624(a);
(3) the number of aliens who were granted adjustment of
status under section 624(a); and
(4) the number of aliens whose conditional permanent
resident status was removed under section 625.
Subtitle C--AgJOBS Act of 2007
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ``Agricultural Job Opportunities,
Benefits, and Security Act of 2007'' or the ``AgJOBS Act of 2007''.
SEC. 642. DEFINITIONS.
In this subtitle:
(1) Agricultural employment.--The term ``agricultural
employment'' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural labor
under section 3121(g) of the Internal Revenue Code of 1986 or
the performance of agricultural labor or services described in
section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(2) Blue card status.--The term ``blue card status'' means
the status of an alien who has been lawfully admitted into the
United States for temporary residence under section 101(a).
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in agricultural
employment.
(5) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
(6) Temporary.--A worker is employed on a ``temporary''
basis when the employment is intended not to exceed 10 months.
(7) Work day.--The term ``work day'' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.
CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL
WORKERS
Subchapter A--Blue Card Status
SEC. 643. REQUIREMENTS FOR BLUE CARD STATUS.
(a) Requirement To Grant Blue Card Status.--Notwithstanding any
other provision of law, the Secretary shall, pursuant to the
requirements of this section, grant blue card status to an alien who
qualifies under this section if the Secretary determines that the
alien--
(1) has performed agricultural employment in the United
States for at least 863 hours or 150 work days during the 24-
month period ending on December 31, 2006;
(2) applied for such status during the 18-month application
period beginning on the first day of the seventh month that
begins after the date of enactment of this Act;
(3) is otherwise admissible to the United States under
section 212 of the Immigration and Nationality Act (8 U.S.C.
1182), except as otherwise provided under section 647(b); and
(4) has not been convicted of any felony or a misdemeanor,
an element of which involves bodily injury, threat of serious
bodily injury, or harm to property in excess of $500.
(b) Authorized Travel.--An alien who is granted blue card status is
authorized to travel outside the United States (including commuting to
the United States from a residence in a foreign country) in the same
manner as an alien lawfully admitted for permanent residence.
(c) Authorized Employment.--The Secretary shall provide an alien
who is granted blue card status an employment authorized endorsement or
other appropriate work permit, in the same manner as an alien lawfully
admitted for permanent residence.
(d) Termination of Blue Card Status.--
(1) In general.--The Secretary may terminate blue card
status granted to an alien under this section only if the
Secretary determines that the alien is deportable.
(2) Grounds for termination of blue card status.--Before
any alien becomes eligible for adjustment of status under
section 645, the Secretary may deny adjustment to permanent
resident status and provide for termination of the blue card
status granted such alien under paragraph (1) if--
(A) the Secretary finds, by a preponderance of the
evidence, that the adjustment to blue card status was
the result of fraud or willful misrepresentation (as
described in section 212(a)(6)(C)(i) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
(B) the alien--
(i) commits an act that makes the alien
inadmissible to the United States as an
immigrant, except as provided under section
647(b);
(ii) is convicted of a felony or 3 or more
misdemeanors committed in the United States;
(iii) is convicted of an offense, an
element of which involves bodily injury, threat
of serious bodily injury, or harm to property
in excess of $500; or
(iv) fails to perform the agricultural
employment required under section 645(a)(1)(A)
unless the alien was unable to work in
agricultural employment due to the
extraordinary circumstances described in
section 645(a)(3).
(e) Record of Employment.--
(1) In general.--Each employer of an alien granted blue
card status under this section shall annually--
(A) provide a written record of employment to the
alien; and
(B) provide a copy of such record to the Secretary.
(2) Sunset.--The obligation under paragraph (1) shall
terminate on the date that is 6 years after the date of the
enactment of this Act.
(f) Required Features of Identity Card.--The Secretary shall
provide each alien granted blue card status, and the spouse and any
child of each such alien residing in the United States, with a card
that contains--
(1) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to whom the
card is issued;
(2) biometric identifiers, including fingerprints and a
digital photograph; and
(3) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes.
(g) Fine.--An alien granted blue card status shall pay a fine of
$100 to the Secretary.
(h) Maximum Number.--The Secretary may not issue more than
1,500,000 blue cards during the 5-year period beginning on the date of
the enactment of this Act.
SEC. 644. TREATMENT OF ALIENS GRANTED BLUE CARD STATUS.
(a) In General.--Except as otherwise provided under this section,
an alien granted blue card status shall be considered to be an alien
lawfully admitted for permanent residence for purposes of any law other
than any provision of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(b) Delayed Eligibility for Certain Federal Public Benefits.--An
alien granted blue card status shall not be eligible, by reason of such
status, for any form of assistance or benefit described in section
403(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the
date on which the alien is granted an adjustment of status under
section 645.
(c) Terms of Employment.--
(1) Prohibition.--No alien granted blue card status may be
terminated from employment by any employer during the period of
blue card status except for just cause.
(2) Treatment of complaints.--
(A) Establishment of process.--The Secretary shall
establish a process for the receipt, initial review,
and disposition of complaints by aliens granted blue
card status who allege that they have been terminated
without just cause. No proceeding shall be conducted
under this paragraph with respect to a termination
unless the Secretary determines that the complaint was
filed not later than 6 months after the date of the
termination.
(B) Initiation of arbitration.--If the Secretary
finds that an alien has filed a complaint in accordance
with subparagraph (A) and there is reasonable cause to
believe that the alien was terminated from employment
without just cause, the Secretary shall initiate
binding arbitration proceedings by requesting the
Federal Mediation and Conciliation Service to appoint a
mutually agreeable arbitrator from the roster of
arbitrators maintained by such Service for the
geographical area in which the employer is located. The
procedures and rules of such Service shall be
applicable to the selection of such arbitrator and to
such arbitration proceedings. The Secretary shall pay
the fee and expenses of the arbitrator, subject to the
availability of appropriations for such purpose.
(C) Arbitration proceedings.--The arbitrator shall
conduct the proceeding under this paragraph in
accordance with the policies and procedures promulgated
by the American Arbitration Association applicable to
private arbitration of employment disputes. The
arbitrator shall make findings respecting whether the
termination was for just cause. The arbitrator may not
find that the termination was for just cause unless the
employer so demonstrates by a preponderance of the
evidence. If the arbitrator finds that the termination
was not for just cause, the arbitrator shall make a
specific finding of the number of days or hours of work
lost by the employee as a result of the termination.
The arbitrator shall have no authority to order any
other remedy, including reinstatement, back pay, or
front pay to the affected employee. Not later than 30
days after the date of the conclusion of the
arbitration proceeding, the arbitrator shall transmit
the findings in the form of a written opinion to the
parties to the arbitration and the Secretary. Such
findings shall be final and conclusive, and no official
or court of the United States shall have the power or
jurisdiction to review any such findings.
(D) Effect of arbitration findings.--If the
Secretary receives a finding of an arbitrator that an
employer has terminated the employment of an alien who
is granted blue card status without just cause, the
Secretary shall credit the alien for the number of days
or hours of work not performed during such period of
termination for the purpose of determining if the alien
meets the qualifying employment requirement of section
645(a).
(E) Treatment of attorney's fees.--Each party to an
arbitration under this paragraph shall bear the cost of
their own attorney's fees for the arbitration.
(F) Nonexclusive remedy.--The complaint process
provided for in this paragraph is in addition to any
other rights an employee may have in accordance with
applicable law.
(G) Effect on other actions or proceedings.--Any
finding of fact or law, judgment, conclusion, or final
order made by an arbitrator in the proceeding before
the Secretary shall not be conclusive or binding in any
separate or subsequent action or proceeding between the
employee and the employee's current or prior employer
brought before an arbitrator, administrative agency,
court, or judge of any State or the United States,
regardless of whether the prior action was between the
same or related parties or involved the same facts,
except that the arbitrator's specific finding of the
number of days or hours of work lost by the employee as
a result of the employment termination may be referred
to the Secretary pursuant to subparagraph (D).
(3) Civil penalties.--
(A) In general.--If the Secretary finds, after
notice and opportunity for a hearing, that an employer
of an alien granted blue card status has failed to
provide the record of employment required under section
643(e) or has provided a false statement of material
fact in such a record, the employer shall be subject to
a civil money penalty in an amount not to exceed $1,000
per violation.
(B) Limitation.--The penalty applicable under
subparagraph (A) for failure to provide records shall
not apply unless the alien has provided the employer
with evidence of employment authorization granted under
this section.
SEC. 645. ADJUSTMENT TO PERMANENT RESIDENCE.
(a) In General.--Except as provided in subsection (b), the
Secretary shall adjust the status of an alien granted blue card status
to that of an alien lawfully admitted for permanent residence if the
Secretary determines that the following requirements are satisfied:
(1) Qualifying employment.--
(A) In general.--Subject to subparagraph (B), the
alien has performed at least--
(i) 5 years of agricultural employment in
the United States for at least 100 work days
per year, during the 5-year period beginning on
the date of the enactment of this Act; or
(ii) 3 years of agricultural employment in
the United States for at least 150 work days
per year, during the 3-year period beginning on
the date of the enactment of this Act.
(B) 4-year period of employment.--An alien shall be
considered to meet the requirements of subparagraph (A)
if the alien has performed 4 years of agricultural
employment in the United States for at least 150 work
days during 3 years of those 4 years and at least 100
work days during the remaining year, during the 4-year
period beginning on the date of the enactment of this
Act.
(2) Proof.--An alien may demonstrate compliance with the
requirement under paragraph (1) by submitting--
(A) the record of employment described in section
643(e); or
(B) such documentation as may be submitted under
section 646(c).
(3) Extraordinary circumstances.--In determining whether an
alien has met the requirement of paragraph (1)(A), the
Secretary may credit the alien with not more than 12 additional
months to meet the requirement of that subparagraph if the
alien was unable to work in agricultural employment due to--
(A) pregnancy, injury, or disease, if the alien can
establish such pregnancy, disabling injury, or disease
through medical records;
(B) illness, disease, or other special needs of a
minor child, if the alien can establish such illness,
disease, or special needs through medical records; or
(C) severe weather conditions that prevented the
alien from engaging in agricultural employment for a
significant period of time.
(4) Application period.--The alien applies for adjustment
of status not later than 7 years after the date of the
enactment of this Act.
(5) Fine.--The alien pays a fine of $400 to the Secretary.
(b) Grounds for Denial of Adjustment of Status.--The Secretary may
deny an alien granted blue card status an adjustment of status under
this section and provide for termination of such blue card status if--
(1) the Secretary finds by a preponderance of the evidence
that the adjustment to blue card status was the result of fraud
or willful misrepresentation, as described in section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)); or
(2) the alien--
(A) commits an act that makes the alien
inadmissible to the United States under section 212 of
the Immigration and Nationality Act (8 U.S.C. 1182),
except as provided under section 647(b);
(B) is convicted of a felony or 3 or more
misdemeanors committed in the United States; or
(C) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily
injury, or harm to property in excess of $500.
(c) Grounds for Removal.--Any alien granted blue card status who
does not apply for adjustment of status under this section before the
expiration of the application period described in subsection (a)(4) or
who fails to meet the other requirements of subsection (a) by the end
of the application period, is deportable and may be removed under
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
(d) Payment of Taxes.--
(1) In general.--Not later than the date on which an
alien's status is adjusted under this section, the alien shall
establish that the alien does not owe any applicable Federal
tax liability by establishing that--
(A) no such tax liability exists;
(B) all such outstanding tax liabilities have been
paid; or
(C) the alien has entered into an agreement for
payment of all outstanding liabilities with the
Internal Revenue Service.
(2) Applicable federal tax liability.--In paragraph (1) the
term ``applicable Federal tax liability'' means liability for
Federal taxes, including penalties and interest, owed for any
year during the period of employment required under subsection
(a)(1) for which the statutory period for assessment of any
deficiency for such taxes has not expired.
(3) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner of
Internal Revenue shall provide documentation to an alien upon
request to establish the payment of all taxes required by this
subsection.
(e) Spouses and Minor Children.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall confer the status of lawful permanent
resident on the spouse and minor child of an alien granted any
adjustment of status under subsection (a), including any
individual who was a minor child on the date such alien was
granted blue card status, if the spouse or minor child applies
for such status, or if the principal alien includes the spouse
or minor child in an application for adjustment of status to
that of a lawful permanent resident.
(2) Treatment of spouses and minor children.--
(A) Granting of status and removal.--The Secretary
may grant derivative status to the alien spouse and any
minor child residing in the United States of an alien
granted blue card status and shall not remove such
derivative spouse or child during the period that the
alien granted blue card status maintains such status,
except as provided in paragraph (3). A grant of
derivative status to such a spouse or child under this
subparagraph shall not decrease the number of aliens
who may receive blue card status under subsection (h)
of section 643.
(B) Travel.--The derivative spouse and any minor
child of an alien granted blue card status may travel
outside the United States in the same manner as an
alien lawfully admitted for permanent residence.
(C) Employment.--The derivative spouse of an alien
granted blue card status may apply to the Secretary for
a work permit to authorize such spouse to engage in any
lawful employment in the United States while such alien
maintains blue card status.
(3) Grounds for denial of adjustment of status and
removal.--The Secretary may deny an alien spouse or child
adjustment of status under paragraph (1) and may remove such
spouse or child under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) if the spouse or child--
(A) commits an act that makes the alien spouse or
child inadmissible to the United States under section
212 of such Act (8 U.S.C. 1182), except as provided
under section 647(b);
(B) is convicted of a felony or 3 or more
misdemeanors committed in the United States; or
(C) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily
injury, or harm to property in excess of $500.
SEC. 646. APPLICATIONS.
(a) Submission.--The Secretary shall provide that--
(1) applications for blue card status under section 643 may
be submitted--
(A) to the Secretary if the applicant is
represented by an attorney or a nonprofit religious,
charitable, social service, or similar organization
recognized by the Board of Immigration Appeals under
section 292.2 of title 8, Code of Federal Regulations;
or
(B) to a qualified designated entity if the
applicant consents to the forwarding of the application
to the Secretary; and
(2) applications for adjustment of status under section 645
shall be filed directly with the Secretary.
(b) Qualified Designated Entity Defined.--In this section, the term
``qualified designated entity'' means--
(1) a qualified farm labor organization or an association
of employers designated by the Secretary; or
(2) any such other person designated by the Secretary if
that Secretary determines such person is qualified and has
substantial experience, demonstrated competence, and has a
history of long-term involvement in the preparation and
submission of applications for adjustment of status under
section 209, 210, or 245 of the Immigration and Nationality Act
(8 U.S.C. 1159, 1160, and 1255), the Act entitled ``An Act to
adjust the status of Cuban refugees to that of lawful permanent
residents of the United States, and for other purposes'',
approved November 2, 1966 (Public Law 89-732; 8 U.S.C. 1255
note), Public Law 95-145 (8 U.S.C. 1255 note), or the
Immigration Reform and Control Act of 1986 (Public Law 99-603;
100 Stat. 3359) or any amendment made by that Act.
(c) Proof of Eligibility.--
(1) In general.--An alien may establish that the alien
meets the requirement of section 643(a)(1) or 645(a)(1) through
government employment records or records supplied by employers
or collective bargaining organizations, and other reliable
documentation as the alien may provide. The Secretary shall
establish special procedures to properly credit work in cases
in which an alien was employed under an assumed name.
(2) Documentation of work history.--
(A) Burden of proof.--An alien applying for status
under section 643(a) or 645(a) has the burden of
proving by a preponderance of the evidence that the
alien has worked the requisite number of hours or days
required under section 643(a)(1) or 645(a)(1), as
applicable.
(B) Timely production of records.--If an employer
or farm labor contractor employing such an alien has
kept proper and adequate records respecting such
employment, the alien's burden of proof under
subparagraph (A) may be met by securing timely
production of those records under regulations to be
promulgated by the Secretary.
(C) Sufficient evidence.--An alien may meet the
burden of proof under subparagraph (A) to establish
that the alien has performed the days or hours of work
required by section 643(a)(1) or 645(a)(1) by producing
sufficient evidence to show the extent of that
employment as a matter of just and reasonable
inference.
(d) Applications Submitted to Qualified Designated Entities.--
(1) Requirements.--Each qualified designated entity shall
agree--
(A) to forward to the Secretary an application
submitted to that entity pursuant to subsection
(a)(1)(B) if the applicant has consented to such
forwarding;
(B) not to forward to the Secretary any such
application if the applicant has not consented to such
forwarding; and
(C) to assist an alien in obtaining documentation
of the alien's work history, if the alien requests such
assistance.
(2) No authority to make determinations.--No qualified
designated entity may make a determination required by this
subtitle to be made by the Secretary.
(e) Limitation on Access to Information.--Files and records
collected or compiled by a qualified designated entity for the purposes
of this section are confidential and the Secretary shall not have
access to such a file or record relating to an alien without the
consent of the alien, except as allowed by a court order issued
pursuant to subsection (f).
(f) Confidentiality of Information.--
(1) In general.--Except as otherwise provided in this
section, the Secretary or any other official or employee of the
Department or a bureau or agency of the Department is
prohibited from--
(A) using information furnished by the applicant
pursuant to an application filed under this subtitle,
the information provided by an applicant to a qualified
designated entity, or any information provided by an
employer or former employer for any purpose other than
to make a determination on the application or for
imposing the penalties described in subsection (g);
(B) making any publication in which the information
furnished by any particular individual can be
identified; or
(C) permitting a person other than a sworn officer
or employee of the Department or a bureau or agency of
the Department or, with respect to applications filed
with a qualified designated entity, that qualified
designated entity, to examine individual applications.
(2) Required disclosures.--The Secretary shall provide the
information furnished under this subtitle or any other
information derived from such furnished information to--
(A) a duly recognized law enforcement entity in
connection with a criminal investigation or
prosecution, if such information is requested in
writing by such entity; or
(B) an official coroner, for purposes of
affirmatively identifying a deceased individual,
whether or not the death of such individual resulted
from a crime.
(3) Construction.--
(A) In general.--Nothing in this subsection shall
be construed to limit the use, or release, for
immigration enforcement purposes or law enforcement
purposes, of information contained in files or records
of the Department pertaining to an application filed
under this section, other than information furnished by
an applicant pursuant to the application, or any other
information derived from the application, that is not
available from any other source.
(B) Criminal convictions.--Notwithstanding any
other provision of this subsection, information
concerning whether the alien applying for blue card
status under section 643 or an adjustment of status
under section 645 has been convicted of a crime at any
time may be used or released for immigration
enforcement or law enforcement purposes.
(4) Crime.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
subsection shall be subject to a fine in an amount not to
exceed $10,000.
(g) Penalties for False Statements in Applications.--
(1) Criminal penalty.--Any person who--
(A) files an application for blue card status under
section 643 or an adjustment of status under section
645 and knowingly and willfully falsifies, conceals, or
covers up a material fact or makes any false,
fictitious, or fraudulent statements or
representations, or makes or uses any false writing or
document knowing the same to contain any false,
fictitious, or fraudulent statement or entry; or
(B) creates or supplies a false writing or document
for use in making such an application,
shall be fined in accordance with title 18, United
States Code, imprisoned not more than 5 years, or both.
(2) Inadmissibility.--An alien who is convicted of a crime
under paragraph (1) shall be considered to be inadmissible to
the United States on the ground described in section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)).
(h) Eligibility for Legal Services.--Section 504(a)(11) of Public
Law 104-134 (110 Stat. 1321-53 et seq.) shall not be construed to
prevent a recipient of funds under the Legal Services Corporation Act
(42 U.S.C. 2996 et seq.) from providing legal assistance directly
related to an application for blue card status under section 643 or an
adjustment of status under section 645.
(i) Application Fees.--
(1) Fee schedule.--The Secretary shall provide for a
schedule of fees that--
(A) shall be charged for the filing of an
application for blue card status under section 643 or
for an adjustment of status under section 645; and
(B) may be charged by qualified designated entities
to help defray the costs of services provided to such
applicants.
(2) Prohibition on excess fees by qualified designated
entities.--A qualified designated entity may not charge any fee
in excess of, or in addition to, the fees authorized under
paragraph (1)(B) for services provided to applicants.
(3) Disposition of fees.--
(A) In general.--There is established in the
general fund of the Treasury a separate account, which
shall be known as the ``Agricultural Worker Immigration
Status Adjustment Account''. Notwithstanding any other
provision of law, there shall be deposited as
offsetting receipts into the account all fees collected
under paragraph (1)(A).
(B) Use of fees for application processing.--
Amounts deposited in the ``Agricultural Worker
Immigration Status Adjustment Account'' shall remain
available to the Secretary until expended for
processing applications for blue card status under
section 643 or an adjustment of status under section
645.
SEC. 647. WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR
INADMISSIBILITY.
(a) Numerical Limitations Do Not Apply.--The numerical limitations
of sections 201 and 202 of the Immigration and Nationality Act (8
U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to
lawful permanent resident status under section 645.
(b) Waiver of Certain Grounds of Inadmissibility.--In the
determination of an alien's eligibility for status under section 101(a)
or an alien's eligibility for adjustment of status under section
645(b)(2)(A) the following rules shall apply:
(1) Grounds of exclusion not applicable.--The provisions of
paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(2) Waiver of other grounds.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary may waive any other provision of
such section 212(a) in the case of individual aliens
for humanitarian purposes, to ensure family unity, or
if otherwise in the public interest.
(B) Grounds that may not be waived.--Paragraphs
(2)(A), (2)(B), (2)(C), (3), and (4) of such section
212(a) may not be waived by the Secretary under
subparagraph (A).
(C) Construction.--Nothing in this paragraph shall
be construed as affecting the authority of the
Secretary other than under this subparagraph to waive
provisions of such section 212(a).
(3) Special rule for determination of public charge.--An
alien is not ineligible for blue card status under section 643
or an adjustment of status under section 645 by reason of a
ground of inadmissibility under section 212(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) if the
alien demonstrates a history of employment in the United States
evidencing self-support without reliance on public cash
assistance.
(c) Temporary Stay of Removal and Work Authorization for Certain
Applicants.--
(1) Before application period.--Effective on the date of
enactment of this Act, the Secretary shall provide that, in the
case of an alien who is apprehended before the beginning of the
application period described in section 643(a)(2) and who can
establish a nonfrivolous case of eligibility for blue card
status (but for the fact that the alien may not apply for such
status until the beginning of such period), until the alien has
had the opportunity during the first 30 days of the application
period to complete the filing of an application for blue card
status, the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in
employment in the United States and be provided an
employment authorized endorsement or other appropriate
work permit for such purpose.
(2) During application period.--The Secretary shall provide
that, in the case of an alien who presents a nonfrivolous
application for blue card status during the application period
described in section 643(a)(2), including an alien who files
such an application within 30 days of the alien's apprehension,
and until a final determination on the application has been
made in accordance with this section, the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in
employment in the United States and be provided an
employment authorized endorsement or other appropriate
work permit for such purpose.
SEC. 648. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) In General.--There shall be no administrative or judicial
review of a determination respecting an application for blue card
status under section 643 or adjustment of status under section 645
except in accordance with this section.
(b) Administrative Review.--
(1) Single level of administrative appellate review.--The
Secretary shall establish an appellate authority to provide for
a single level of administrative appellate review of such a
determination.
(2) Standard for review.--Such administrative appellate
review shall be based solely upon the administrative record
established at the time of the determination on the application
and upon such additional or newly discovered evidence as may
not have been available at the time of the determination.
(c) Judicial Review.--
(1) Limitation to review of removal.--There shall be
judicial review of such a determination only in the judicial
review of an order of removal under section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
(2) Standard for judicial review.--Such judicial review
shall be based solely upon the administrative record
established at the time of the review by the appellate
authority and the findings of fact and determinations contained
in such record shall be conclusive unless the applicant can
establish abuse of discretion or that the findings are directly
contrary to clear and convincing facts contained in the record
considered as a whole.
SEC. 649. USE OF INFORMATION.
Beginning not later than the first day of the application period
described in section 643(a)(2), the Secretary, in cooperation with
qualified designated entities (as that term is defined in section
646(b)), shall broadly disseminate information respecting the benefits
that aliens may receive under this subtitle and the requirements that
an alien is required to meet to receive such benefits.
SEC. 650. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF APPROPRIATIONS.
(a) Regulations.--The Secretary shall issue regulations to
implement this subtitle not later than the first day of the seventh
month that begins after the date of enactment of this Act.
(b) Effective Date.--This subtitle shall take effect on the date
that regulations required by subsection (a) are issued, regardless of
whether such regulations are issued on an interim basis or on any other
basis.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to
implement this subtitle, including any sums needed for costs associated
with the initiation of such implementation, for fiscal years 2007 and
2008.
Subchapter B--Correction of Social Security Records
SEC. 651. CORRECTION OF SOCIAL SECURITY RECORDS.
(a) In General.--Section 208(e)(1) of the Social Security Act (42
U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted blue card status under the
Agricultural Job Opportunity, Benefits, and Security Act of
2007,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such conduct
is alleged to have occurred before the date on which the alien
was granted blue card status.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the seventh month that begins after the
date of the enactment of this Act.
CHAPTER 2--REFORM OF H-2A WORKER PROGRAM
SEC. 652. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by striking section 218 and inserting
the following:
``SEC. 218. H-2A EMPLOYER APPLICATIONS.
``(a) Applications to the Secretary of Labor.--
``(1) In general.--No alien may be admitted to the United
States as an H-2A worker, or otherwise provided status as an H-
2A worker, unless the employer has filed with the Secretary of
Labor an application containing--
``(A) the assurances described in subsection (b);
``(B) a description of the nature and location of
the work to be performed;
``(C) the anticipated period (expected beginning
and ending dates) for which the workers will be needed;
and
``(D) the number of job opportunities in which the
employer seeks to employ the workers.
``(2) Accompanied by job offer.--Each application filed
under paragraph (1) shall be accompanied by a copy of the job
offer describing the wages and other terms and conditions of
employment and the bona fide occupational qualifications that
shall be possessed by a worker to be employed in the job
opportunity in question.
``(b) Assurances for Inclusion in Applications.--The assurances
referred to in subsection (a)(1) are the following:
``(1) Job opportunities covered by collective bargaining
agreements.--With respect to a job opportunity that is covered
under a collective bargaining agreement:
``(A) Union contract described.--The job
opportunity is covered by a union contract which was
negotiated at arm's length between a bona fide union
and the employer.
``(B) Strike or lockout.--The specific job
opportunity for which the employer is requesting an H-
2A worker is not vacant because the former occupant is
on strike or being locked out in the course of a labor
dispute.
``(C) Notification of bargaining representatives.--
The employer, at the time of filing the application,
has provided notice of the filing under this paragraph
to the bargaining representative of the employer's
employees in the occupational classification at the
place or places of employment for which aliens are
sought.
``(D) Temporary or seasonal job opportunities.--The
job opportunity is temporary or seasonal.
``(E) Offers to united states workers.--The
employer has offered or will offer the job to any
eligible United States worker who applies and is
equally or better qualified for the job for which the
nonimmigrant is, or the nonimmigrants are, sought and
who will be available at the time and place of need.
``(F) Provision of insurance.--If the job
opportunity is not covered by the State workers'
compensation law, the employer will provide, at no cost
to the worker, insurance covering injury and disease
arising out of, and in the course of, the worker's
employment which will provide benefits at least equal
to those provided under the State's workers'
compensation law for comparable employment.
``(2) Job opportunities not covered by collective
bargaining agreements.--With respect to a job opportunity that
is not covered under a collective bargaining agreement:
``(A) Strike or lockout.--The specific job
opportunity for which the employer has applied for an
H-2A worker is not vacant because the former occupant
is on strike or being locked out in the course of a
labor dispute.
``(B) Temporary or seasonal job opportunities.--The
job opportunity is temporary or seasonal.
``(C) Benefit, wage, and working conditions.--The
employer will provide, at a minimum, the benefits,
wages, and working conditions required by section 218A
to all workers employed in the job opportunities for
which the employer has applied for an H-2A worker under
subsection (a) and to all other workers in the same
occupation at the place of employment.
``(D) Nondisplacement of united states workers.--
The employer did not displace and will not displace a
United States worker employed by the employer during
the period of employment and for a period of 30 days
preceding the period of employment in the occupation at
the place of employment for which the employer has
applied for an H-2A worker.
``(E) Requirements for placement of the
nonimmigrant with other employers.--The employer will
not place the nonimmigrant with another employer
unless--
``(i) the nonimmigrant performs duties in
whole or in part at 1 or more worksites owned,
operated, or controlled by such other employer;
``(ii) there are indicia of an employment
relationship between the nonimmigrant and such
other employer; and
``(iii) the employer has inquired of the
other employer as to whether, and has no actual
knowledge or notice that, during the period of
employment and for a period of 30 days
preceding the period of employment, the other
employer has displaced or intends to displace a
United States worker employed by the other
employer in the occupation at the place of
employment for which the employer seeks
approval to employ H-2A workers.
``(F) Statement of liability.--The application form
shall include a clear statement explaining the
liability under subparagraph (E) of an employer if the
other employer described in such subparagraph displaces
a United States worker as described in such
subparagraph.
``(G) Provision of insurance.--If the job
opportunity is not covered by the State workers'
compensation law, the employer will provide, at no cost
to the worker, insurance covering injury and disease
arising out of and in the course of the worker's
employment which will provide benefits at least equal
to those provided under the State's workers'
compensation law for comparable employment.
``(H) Employment of united states workers.--
``(i) Recruitment.--The employer has taken
or will take the following steps to recruit
United States workers for the job opportunities
for which the H-2A nonimmigrant is, or H-2A
nonimmigrants are, sought:
``(I) Contacting former workers.--
The employer shall make reasonable
efforts through the sending of a letter
by United States Postal Service mail,
or otherwise, to contact any United
States worker the employer employed
during the previous season in the
occupation at the place of intended
employment for which the employer is
applying for workers and has made the
availability of the employer's job
opportunities in the occupation at the
place of intended employment known to
such previous workers, unless the
worker was terminated from employment
by the employer for a lawful job-
related reason or abandoned the job
before the worker completed the period
of employment of the job opportunity
for which the worker was hired.
``(II) Filing a job offer with the
local office of the state employment
security agency.--Not later than 28
days before the date on which the
employer desires to employ an H-2A
worker in a temporary or seasonal
agricultural job opportunity, the
employer shall submit a copy of the job
offer described in subsection (a)(2) to
the local office of the State
employment security agency which serves
the area of intended employment and
authorize the posting of the job
opportunity on `America's Job Bank' or
other electronic job registry, except
that nothing in this subclause shall
require the employer to file an
interstate job order under section 653
of title 20, Code of Federal
Regulations.
``(III) Advertising of job
opportunities.--Not later than 14 days
before the date on which the employer
desires to employ an H-2A worker in a
temporary or seasonal agricultural job
opportunity, the employer shall
advertise the availability of the job
opportunities for which the employer is
seeking workers in a publication in the
local labor market that is likely to be
patronized by potential farm workers.
``(IV) Emergency procedures.--The
Secretary of Labor shall, by
regulation, provide a procedure for
acceptance and approval of applications
in which the employer has not complied
with the provisions of this
subparagraph because the employer's
need for H-2A workers could not
reasonably have been foreseen.
``(ii) Job offers.--The employer has
offered or will offer the job to any eligible
United States worker who applies and is equally
or better qualified for the job for which the
nonimmigrant is, or nonimmigrants are, sought
and who will be available at the time and place
of need.
``(iii) Period of employment.--The employer
will provide employment to any qualified United
States worker who applies to the employer
during the period beginning on the date on
which the H-2A worker departs for the
employer's place of employment and ending on
the date on which 50 percent of the period of
employment for which the H-2A worker who is in
the job was hired has elapsed, subject to the
following requirements:
``(I) Prohibition.--No person or
entity shall willfully and knowingly
withhold United States workers before
the arrival of H-2A workers in order to
force the hiring of United States
workers under this clause.
``(II) Complaints.--Upon receipt of
a complaint by an employer that a
violation of subclause (I) has
occurred, the Secretary of Labor shall
immediately investigate. The Secretary
of Labor shall, within 36 hours of the
receipt of the complaint, issue
findings concerning the alleged
violation. If the Secretary of Labor
finds that a violation has occurred,
the Secretary of Labor shall
immediately suspend the application of
this clause with respect to that
certification for that date of need.
``(III) Placement of united states
workers.--Before referring a United
States worker to an employer during the
period described in the matter
preceding subclause (I), the Secretary
of Labor shall make all reasonable
efforts to place the United States
worker in an open job acceptable to the
worker, if there are other job offers
pending with the job service that offer
similar job opportunities in the area
of intended employment.
``(iv) Statutory construction.--Nothing in
this subparagraph shall be construed to
prohibit an employer from using such legitimate
selection criteria relevant to the type of job
that are normal or customary to the type of job
involved so long as such criteria are not
applied in a discriminatory manner.
``(c) Applications by Associations on Behalf of Employer Members.--
``(1) In general.--An agricultural association may file an
application under subsection (a) on behalf of 1 or more of its
employer members that the association certifies in its
application has or have agreed in writing to comply with the
requirements of this section and sections 218A, 218B, and 218C.
``(2) Treatment of associations acting as employers.--If an
association filing an application under paragraph (1) is a
joint or sole employer of the temporary or seasonal
agricultural workers requested on the application, the
certifications granted under subsection (e)(2)(B) to the
association may be used for the certified job opportunities of
any of its producer members named on the application, and such
workers may be transferred among such producer members to
perform the agricultural services of a temporary or seasonal
nature for which the certifications were granted.
``(d) Withdrawal of Applications.--
``(1) In general.--An employer may withdraw an application
filed pursuant to subsection (a), except that if the employer
is an agricultural association, the association may withdraw an
application filed pursuant to subsection (a) with respect to 1
or more of its members. To withdraw an application, the
employer or association shall notify the Secretary of Labor in
writing, and the Secretary of Labor shall acknowledge in
writing the receipt of such withdrawal notice. An employer who
withdraws an application under subsection (a), or on whose
behalf an application is withdrawn, is relieved of the
obligations undertaken in the application.
``(2) Limitation.--An application may not be withdrawn
while any alien provided status under section
101(a)(15)(H)(ii)(a) pursuant to such application is employed
by the employer.
``(3) Obligations under other statutes.--Any obligation
incurred by an employer under any other law or regulation as a
result of the recruitment of United States workers or H-2A
workers under an offer of terms and conditions of employment
required as a result of making an application under subsection
(a) is unaffected by withdrawal of such application.
``(e) Review and Approval of Applications.--
``(1) Responsibility of employers.--The employer shall make
available for public examination, within 1 working day after
the date on which an application under subsection (a) is filed,
at the employer's principal place of business or worksite, a
copy of each such application (and such accompanying documents
as are necessary).
``(2) Responsibility of the secretary of labor.--
``(A) Compilation of list.--The Secretary of Labor
shall compile, on a current basis, a list (by employer
and by occupational classification) of the applications
filed under subsection (a). Such list shall include the
wage rate, number of workers sought, period of intended
employment, and date of need. The Secretary of Labor
shall make such list available for examination in the
District of Columbia.
``(B) Review of applications.--The Secretary of
Labor shall review such an application only for
completeness and obvious inaccuracies. Unless the
Secretary of Labor finds that the application is
incomplete or obviously inaccurate, the Secretary of
Labor shall certify that the intending employer has
filed with the Secretary of Labor an application as
described in subsection (a). Such certification shall
be provided within 7 days of the filing of the
application.''
``SEC. 218A. H-2A EMPLOYMENT REQUIREMENTS.
``(a) Preferential Treatment of Aliens Prohibited.--Employers
seeking to hire United States workers shall offer the United States
workers no less than the same benefits, wages, and working conditions
that the employer is offering, intends to offer, or will provide to H-
2A workers. Conversely, no job offer may impose on United States
workers any restrictions or obligations which will not be imposed on
the employer's H-2A workers.
``(b) Minimum Benefits, Wages, and Working Conditions.--Except in
cases where higher benefits, wages, or working conditions are required
by the provisions of subsection (a), in order to protect similarly
employed United States workers from adverse effects with respect to
benefits, wages, and working conditions, every job offer which shall
accompany an application under section 218(b)(2) shall include each of
the following benefit, wage, and working condition provisions:
``(1) Requirement to provide housing or a housing
allowance.--
``(A) In general.--An employer applying under
section 218(a) for H-2A workers shall offer to provide
housing at no cost to all workers in job opportunities
for which the employer has applied under that section
and to all other workers in the same occupation at the
place of employment, whose place of residence is beyond
normal commuting distance.
``(B) Type of housing.--In complying with
subparagraph (A), an employer may, at the employer's
election, provide housing that meets applicable Federal
standards for temporary labor camps or secure housing
that meets applicable local standards for rental or
public accommodation housing or other substantially
similar class of habitation, or in the absence of
applicable local standards, State standards for rental
or public accommodation housing or other substantially
similar class of habitation. In the absence of
applicable local or State standards, Federal temporary
labor camp standards shall apply.
``(C) Family housing.--If it is the prevailing
practice in the occupation and area of intended
employment to provide family housing, family housing
shall be provided to workers with families who request
it.
``(D) Workers engaged in the range production of
livestock.--The Secretary of Labor shall issue
regulations that address the specific requirements for
the provision of housing to workers engaged in the
range production of livestock.
``(E) Limitation.--Nothing in this paragraph shall
be construed to require an employer to provide or
secure housing for persons who were not entitled to
such housing under the temporary labor certification
regulations in effect on June 1, 1986.
``(F) Charges for housing.--
``(i) Charges for public housing.--If
public housing provided for migrant
agricultural workers under the auspices of a
local, county, or State government is secured
by an employer, and use of the public housing
unit normally requires charges from migrant
workers, such charges shall be paid by the
employer directly to the appropriate individual
or entity affiliated with the housing's
management.
``(ii) Deposit charges.--Charges in the
form of deposits for bedding or other similar
incidentals related to housing shall not be
levied upon workers by employers who provide
housing for their workers. An employer may
require a worker found to have been responsible
for damage to such housing which is not the
result of normal wear and tear related to
habitation to reimburse the employer for the
reasonable cost of repair of such damage.
``(G) Housing allowance as alternative.--
``(i) In general.--If the requirement set
out in clause (ii) is satisfied, the employer
may provide a reasonable housing allowance
instead of offering housing under subparagraph
(A). Upon the request of a worker seeking
assistance in locating housing, the employer
shall make a good faith effort to assist the
worker in identifying and locating housing in
the area of intended employment. An employer
who offers a housing allowance to a worker, or
assists a worker in locating housing which the
worker occupies, pursuant to this clause shall
not be deemed a housing provider under section
203 of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1823) solely
by virtue of providing such housing allowance.
No housing allowance may be used for housing
which is owned or controlled by the employer.
``(ii) Certification.--The requirement of
this clause is satisfied if the Governor of the
State certifies to the Secretary of Labor that
there is adequate housing available in the area
of intended employment for migrant farm workers
and H-2A workers who are seeking temporary
housing while employed in agricultural work.
Such certification shall expire after 3 years
unless renewed by the Governor of the State.
``(iii) Amount of allowance.--
``(I) Nonmetropolitan counties.--If
the place of employment of the workers
provided an allowance under this
subparagraph is a nonmetropolitan
county, the amount of the housing
allowance under this subparagraph shall
be equal to the statewide average fair
market rental for existing housing for
nonmetropolitan counties for the State,
as established by the Secretary of
Housing and Urban Development pursuant
to section 8(c) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(c)), based on a 2-bedroom
dwelling unit and an assumption of 2
persons per bedroom.
``(II) Metropolitan counties.--If
the place of employment of the workers
provided an allowance under this
paragraph is in a metropolitan county,
the amount of the housing allowance
under this subparagraph shall be equal
to the statewide average fair market
rental for existing housing for
metropolitan counties for the State, as
established by the Secretary of Housing
and Urban Development pursuant to
section 8(c) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(c)), based on a 2-bedroom
dwelling unit and an assumption of 2
persons per bedroom.
``(2) Reimbursement of transportation.--
``(A) To place of employment.--A worker who
completes 50 percent of the period of employment of the
job opportunity for which the worker was hired shall be
reimbursed by the employer for the cost of the worker's
transportation and subsistence from the place from
which the worker came to work for the employer (or
place of last employment, if the worker traveled from
such place) to the place of employment.
``(B) From place of employment.--A worker who
completes the period of employment for the job
opportunity involved shall be reimbursed by the
employer for the cost of the worker's transportation
and subsistence from the place of employment to the
place from which the worker, disregarding intervening
employment, came to work for the employer, or to the
place of next employment, if the worker has contracted
with a subsequent employer who has not agreed to
provide or pay for the worker's transportation and
subsistence to such subsequent employer's place of
employment.
``(C) Limitation.--
``(i) Amount of reimbursement.--Except as
provided in clause (ii), the amount of
reimbursement provided under subparagraph (A)
or (B) to a worker or alien shall not exceed
the lesser of--
``(I) the actual cost to the worker
or alien of the transportation and
subsistence involved; or
``(II) the most economical and
reasonable common carrier
transportation charges and subsistence
costs for the distance involved.
``(ii) Distance traveled.--No reimbursement
under subparagraph (A) or (B) shall be required
if the distance traveled is 100 miles or less,
or the worker is not residing in employer-
provided housing or housing secured through an
allowance as provided in paragraph (1)(G).
``(D) Early termination.--If the worker is laid off
or employment is terminated for contract impossibility
(as described in paragraph (4)(D)) before the
anticipated ending date of employment, the employer
shall provide the transportation and subsistence
required by subparagraph (B) and, notwithstanding
whether the worker has completed 50 percent of the
period of employment, shall provide the transportation
reimbursement required by subparagraph (A).
``(E) Transportation between living quarters and
worksite.--The employer shall provide transportation
between the worker's living quarters and the employer's
worksite without cost to the worker, and such
transportation will be in accordance with applicable
laws and regulations.
``(3) Required wages.--
``(A) In general.--An employer applying for workers
under section 218(a) shall offer to pay, and shall pay,
all workers in the occupation for which the employer
has applied for workers, not less (and is not required
to pay more) than the greater of the prevailing wage in
the occupation in the area of intended employment or
the adverse effect wage rate. No worker shall be paid
less than the greater of the hourly wage prescribed
under section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) or the applicable State
minimum wage.
``(B) Limitation.--Effective on the date of the
enactment of the Agricultural Job Opportunities,
Benefits, and Security Act of 2007 and continuing for 3
years thereafter, no adverse effect wage rate for a
State may be more than the adverse effect wage rate for
that State in effect on January 1, 2003, as established
by section 655.107 of title 20, Code of Federal
Regulations.
``(C) Required wages after 3-year freeze.--
``(i) First adjustment.--If Congress does
not set a new wage standard applicable to this
section before the first March 1 that is not
less than 3 years after the date of enactment
of this section, the adverse effect wage rate
for each State beginning on such March 1 shall
be the wage rate that would have resulted if
the adverse effect wage rate in effect on
January 1, 2003, had been annually adjusted,
beginning on March 1, 2006, by the lesser of--
``(I) the 12-month percentage
change in the Consumer Price Index for
All Urban Consumers between December of
the second preceding year and December
of the preceding year; and
``(II) 4 percent.
``(ii) Subsequent annual adjustments.--
Beginning on the first March 1 that is not less
than 4 years after the date of enactment of
this section, and each March 1 thereafter, the
adverse effect wage rate then in effect for
each State shall be adjusted by the lesser of--
``(I) the 12-month percentage
change in the Consumer Price Index for
All Urban Consumers between December of
the second preceding year and December
of the preceding year; and
``(II) 4 percent.
``(D) Deductions.--The employer shall make only
those deductions from the worker's wages that are
authorized by law or are reasonable and customary in
the occupation and area of employment. The job offer
shall specify all deductions not required by law which
the employer will make from the worker's wages.
``(E) Frequency of pay.--The employer shall pay the
worker not less frequently than twice monthly, or in
accordance with the prevailing practice in the area of
employment, whichever is more frequent.
``(F) Hours and earnings statements.--The employer
shall furnish to the worker, on or before each payday,
in 1 or more written statements--
``(i) the worker's total earnings for the
pay period;
``(ii) the worker's hourly rate of pay,
piece rate of pay, or both;
``(iii) the hours of employment which have
been offered to the worker (broken out by hours
offered in accordance with and over and above
the \3/4\ guarantee described in paragraph (4);
``(iv) the hours actually worked by the
worker;
``(v) an itemization of the deductions made
from the worker's wages; and
``(vi) if piece rates of pay are used, the
units produced daily.
``(G) Report on wage protections.--Not later than
December 31, 2009, the Comptroller General of the
United States shall prepare and transmit to the
Secretary of Labor, the Committee on the Judiciary of
the Senate, and Committee on the Judiciary of the House
of Representatives, a report that addresses--
``(i) whether the employment of H-2A or
unauthorized aliens in the United States
agricultural workforce has depressed United
States farm worker wages below the levels that
would otherwise have prevailed if alien farm
workers had not been employed in the United
States;
``(ii) whether an adverse effect wage rate
is necessary to prevent wages of United States
farm workers in occupations in which H-2A
workers are employed from falling below the
wage levels that would have prevailed in the
absence of the employment of H-2A workers in
those occupations;
``(iii) whether alternative wage standards,
such as a prevailing wage standard, would be
sufficient to prevent wages in occupations in
which H-2A workers are employed from falling
below the wage level that would have prevailed
in the absence of H-2A employment;
``(iv) whether any changes are warranted in
the current methodologies for calculating the
adverse effect wage rate and the prevailing
wage; and
``(v) recommendations for future wage
protection under this section.
``(H) Commission on wage standards.--
``(i) Establishment.--There is established
the Commission on Agricultural Wage Standards
under the H-2A program (in this subparagraph
referred to as the `Commission').
``(ii) Composition.--The Commission shall
consist of 10 members as follows:
``(I) Four representatives of
agricultural employers and 1
representative of the Department of
Agriculture, each appointed by the
Secretary of Agriculture.
``(II) Four representatives of
agricultural workers and 1
representative of the Department of
Labor, each appointed by the Secretary
of Labor.
``(iii) Functions.--The Commission shall
conduct a study that shall address--
``(I) whether the employment of H-
2A or unauthorized aliens in the United
States agricultural workforce has
depressed United States farm worker
wages below the levels that would
otherwise have prevailed if alien farm
workers had not been employed in the
United States;
``(II) whether an adverse effect
wage rate is necessary to prevent wages
of United States farm workers in
occupations in which H-2A workers are
employed from falling below the wage
levels that would have prevailed in the
absence of the employment of H-2A
workers in those occupations;
``(III) whether alternative wage
standards, such as a prevailing wage
standard, would be sufficient to
prevent wages in occupations in which
H-2A workers are employed from falling
below the wage level that would have
prevailed in the absence of H-2A
employment;
``(IV) whether any changes are
warranted in the current methodologies
for calculating the adverse effect wage
rate and the prevailing wage rate; and
``(V) recommendations for future
wage protection under this section.
``(iv) Final report.--Not later than
December 31, 2009, the Commission shall submit
a report to the Congress setting forth the
findings of the study conducted under clause
(iii).
``(v) Termination date.--The Commission
shall terminate upon submitting its final
report.
``(4) Guarantee of employment.--
``(A) Offer to worker.--The employer shall
guarantee to offer the worker employment for the hourly
equivalent of at least \3/4\ of the work days of the
total period of employment, beginning with the first
work day after the arrival of the worker at the place
of employment and ending on the expiration date
specified in the job offer. For purposes of this
subparagraph, the hourly equivalent means the number of
hours in the work days as stated in the job offer and
shall exclude the worker's Sabbath and Federal
holidays. If the employer affords the United States or
H-2A worker less employment than that required under
this paragraph, the employer shall pay such worker the
amount which the worker would have earned had the
worker, in fact, worked for the guaranteed number of
hours.
``(B) Failure to work.--Any hours which the worker
fails to work, up to a maximum of the number of hours
specified in the job offer for a work day, when the
worker has 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 job offer in a work day, on the
worker's Sabbath, or on Federal holidays) may be
counted by the employer in calculating whether the
period of guaranteed employment has been met.
``(C) Abandonment of employment, termination for
cause.--If the worker voluntarily abandons employment
before the end of the contract period, or is terminated
for cause, the worker is not entitled to the `\3/4\
guarantee' described in subparagraph (A).
``(D) Contract impossibility.--If, before the
expiration of the period of employment specified in the
job offer, the services of the worker are no longer
required for reasons beyond the control of the employer
due to any form of natural disaster, including a flood,
hurricane, freeze, earthquake, fire, drought, plant or
animal disease or pest infestation, or regulatory
drought, before the guarantee in subparagraph (A) is
fulfilled, the employer may terminate the worker's
employment. In the event of such termination, the
employer shall fulfill the employment guarantee in
subparagraph (A) for the work days that have elapsed
from the first work day after the arrival of the worker
to the termination of employment. In such cases, the
employer will make efforts to transfer the United
States worker to other comparable employment acceptable
to the worker. If such transfer is not effected, the
employer shall provide the return transportation
required in paragraph (2)(D).
``(5) Motor vehicle safety.--
``(A) Mode of transportation subject to coverage.--
``(i) In general.--Except as provided in
clauses (iii) and (iv), this subsection applies
to any H-2A employer that uses or causes to be
used any vehicle to transport an H-2A worker
within the United States.
``(ii) Defined term.--In this paragraph,
the term `uses or causes to be used'--
``(I) applies only to
transportation provided by an H-2A
employer to an H-2A worker, or by a
farm labor contractor to an H-2A worker
at the request or direction of an H-2A
employer; and
``(II) does not apply to--
``(aa) transportation provided, or transportation arrangements
made, by an H-2A worker, unless the employer specifically requested
or arranged such transportation; or
``(bb) car pooling arrangements made by H-2A workers themselves,
using 1 of the workers' own vehicles, unless specifically requested
by the employer directly or through a farm labor contractor.
``(iii) Clarification.--Providing a job
offer to an H-2A worker that causes the worker
to travel to or from the place of employment,
or the payment or reimbursement of the
transportation costs of an H-2A worker by an H-
2A employer, shall not constitute an
arrangement of, or participation in, such
transportation.
``(iv) Agricultural machinery and equipment
excluded.--This subsection does not apply to
the transportation of an H-2A worker on a
tractor, combine, harvester, picker, or other
similar machinery or equipment while such
worker is actually engaged in the planting,
cultivating, or harvesting of agricultural
commodities or the care of livestock or poultry
or engaged in transportation incidental
thereto.
``(v) Common carriers excluded.--This
subsection does not apply to common carrier
motor vehicle transportation in which the
provider holds itself out to the general public
as engaging in the transportation of passengers
for hire and holds a valid certification of
authorization for such purposes from an
appropriate Federal, State, or local agency.
``(B) Applicability of standards, licensing, and
insurance requirements.--
``(i) In general.--When using, or causing
to be used, any vehicle for the purpose of
providing transportation to which this
subparagraph applies, each employer shall--
``(I) ensure that each such vehicle
conforms to the standards prescribed by
the Secretary of Labor under section
401(b) of the Migrant and Seasonal
Agricultural Worker Protection Act (29
U.S.C. 1841(b)) and other applicable
Federal and State safety standards;
``(II) ensure that each driver has
a valid and appropriate license, as
provided by State law, to operate the
vehicle; and
``(III) have an insurance policy or
a liability bond that is in effect
which insures the employer against
liability for damage to persons or
property arising from the ownership,
operation, or causing to be operated,
of any vehicle used to transport any H-
2A worker.
``(ii) Amount of insurance required.--The
level of insurance required shall be determined
by the Secretary of Labor pursuant to
regulations to be issued under this subsection.
``(iii) Effect of workers' compensation
coverage.--If the employer of any H-2A worker
provides workers' compensation coverage for
such worker in the case of bodily injury or
death as provided by State law, the following
adjustments in the requirements of subparagraph
(B)(i)(III) relating to having an insurance
policy or liability bond apply:
``(I) No insurance policy or
liability bond shall be required of the
employer, if such workers are
transported only under circumstances
for which there is coverage under such
State law.
``(II) An insurance policy or
liability bond shall be required of the
employer for circumstances under which
coverage for the transportation of such
workers is not provided under such
State law.
``(c) Compliance With Labor Laws.--An employer shall assure that,
except as otherwise provided in this section, the employer will comply
with all applicable Federal, State, and local labor laws, including
laws affecting migrant and seasonal agricultural workers, with respect
to all United States workers and alien workers employed by the
employer, except that a violation of this assurance shall not
constitute a violation of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801 et seq.).
``(d) Copy of Job Offer.--The employer shall provide to the worker,
not later than the day the work commences, a copy of the employer's
application and job offer described in section 218(a), or, if the
employer will require the worker to enter into a separate employment
contract covering the employment in question, such separate employment
contract.
``(e) Range Production of Livestock.--Nothing in this section,
section 218, or section 218B shall preclude the Secretary of Labor and
the Secretary from continuing to apply special procedures and
requirements to the admission and employment of aliens in occupations
involving the range production of livestock.
``SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A
WORKERS.
``(a) Petitioning for Admission.--An employer, or an association
acting as an agent or joint employer for its members, that seeks the
admission into the United States of an H-2A worker may file a petition
with the Secretary. The petition shall be accompanied by an accepted
and currently valid certification provided by the Secretary of Labor
under section 218(e)(2)(B) covering the petitioner.
``(b) Expedited Adjudication by the Secretary.--The Secretary shall
establish a procedure for expedited adjudication of petitions filed
under subsection (a) and within 7 working days shall, by fax, cable, or
other means assuring expedited delivery, transmit a copy of notice of
action on the petition to the petitioner and, in the case of approved
petitions, to the appropriate immigration officer at the port of entry
or United States consulate (as the case may be) where the petitioner
has indicated that the alien beneficiary (or beneficiaries) will apply
for a visa or admission to the United States.
``(c) Criteria for Admissibility.--
``(1) In general.--An H-2A worker shall be considered
admissible to the United States if the alien is otherwise
admissible under this section, section 218, and section 218A,
and the alien is not ineligible under paragraph (2).
``(2) Disqualification.--An alien shall be considered
inadmissible to the United States and ineligible for
nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the
alien has, at any time during the past 5 years--
``(A) violated a material provision of this
section, including the requirement to promptly depart
the United States when the alien's authorized period of
admission under this section has expired; or
``(B) otherwise violated a term or condition of
admission into the United States as a nonimmigrant,
including overstaying the period of authorized
admission as such a nonimmigrant.
``(3) Waiver of ineligibility for unlawful presence.--
``(A) In general.--An alien who has not previously
been admitted into the United States pursuant to this
section, and who is otherwise eligible for admission in
accordance with paragraphs (1) and (2), shall not be
deemed inadmissible by virtue of section 212(a)(9)(B).
If an alien described in the preceding sentence is
present in the United States, the alien may apply from
abroad for H-2A status, but may not be granted that
status in the United States.
``(B) Maintenance of waiver.--An alien provided an
initial waiver of ineligibility pursuant to
subparagraph (A) shall remain eligible for such waiver
unless the alien violates the terms of this section or
again becomes ineligible under section 212(a)(9)(B) by
virtue of unlawful presence in the United States after
the date of the initial waiver of ineligibility
pursuant to subparagraph (A).
``(d) Period of Admission.--
``(1) In general.--The alien shall be admitted for the
period of employment in the application certified by the
Secretary of Labor pursuant to section 218(e)(2)(B), not to
exceed 10 months, supplemented by a period of not more than 1
week before the beginning of the period of employment for the
purpose of travel to the worksite and a period of 14 days
following the period of employment for the purpose of departure
or extension based on a subsequent offer of employment, except
that--
``(A) the alien is not authorized to be employed
during such 14-day period except in the employment for
which the alien was previously authorized; and
``(B) the total period of employment, including
such 14-day period, may not exceed 10 months.
``(2) Construction.--Nothing in this subsection shall limit
the authority of the Secretary to extend the stay of the alien
under any other provision of this Act.
``(e) Abandonment of Employment.--
``(1) In general.--An alien admitted or provided status
under section 101(a)(15)(H)(ii)(a) who abandons the employment
which was the basis for such admission or status shall be
considered to have failed to maintain nonimmigrant status as an
H-2A worker and shall depart the United States or be subject to
removal under section 237(a)(1)(C)(i).
``(2) Report by employer.--The employer, or association
acting as agent for the employer, shall notify the Secretary
not later than 7 days after an H-2A worker prematurely abandons
employment.
``(3) Removal by the secretary.--The Secretary shall
promptly remove from the United States any H-2A worker who
violates any term or condition of the worker's nonimmigrant
status.
``(4) Voluntary termination.--Notwithstanding paragraph
(1), an alien may voluntarily terminate his or her employment
if the alien promptly departs the United States upon
termination of such employment.
``(f) Replacement of Alien.--
``(1) In general.--Upon presentation of the notice to the
Secretary required by subsection (e)(2), the Secretary of State
shall promptly issue a visa to, and the Secretary shall admit
into the United States, an eligible alien designated by the
employer to replace an H-2A worker--
``(A) who abandons or prematurely terminates
employment; or
``(B) whose employment is terminated after a United
States worker is employed pursuant to section
218(b)(2)(H)(iii), if the United States worker
voluntarily departs before the end of the period of
intended employment or if the employment termination is
for a lawful job-related reason.
``(2) Construction.--Nothing in this subsection is intended
to limit any preference required to be accorded United States
workers under any other provision of this Act.
``(g) Identification Document.--
``(1) In general.--Each alien authorized to be admitted
under section 101(a)(15)(H)(ii)(a) shall be provided an
identification and employment eligibility document to verify
eligibility for employment in the United States and verify the
alien's identity.
``(2) Requirements.--No identification and employment
eligibility document may be issued which does not meet the
following requirements:
``(A) The document shall be capable of reliably
determining whether--
``(i) the individual with the
identification and employment eligibility
document whose eligibility is being verified is
in fact eligible for employment;
``(ii) the individual whose eligibility is
being verified is claiming the identity of
another person; and
``(iii) the individual whose eligibility is
being verified is authorized to be admitted
into, and employed in, the United States as an
H-2A worker.
``(B) The document shall be in a form that is
resistant to counterfeiting and to tampering.
``(C) The document shall--
``(i) be compatible with other databases of
the Secretary for the purpose of excluding
aliens from benefits for which they are not
eligible and determining whether the alien is
unlawfully present in the United States; and
``(ii) be compatible with law enforcement
databases to determine if the alien has been
convicted of criminal offenses.
``(h) Extension of Stay of H-2A Aliens in the United States.--
``(1) Extension of stay.--If an employer seeks approval to
employ an H-2A alien who is lawfully present in the United
States, the petition filed by the employer or an association
pursuant to subsection (a), shall request an extension of the
alien's stay and a change in the alien's employment.
``(2) Limitation on filing a petition for extension of
stay.--A petition may not be filed for an extension of an
alien's stay--
``(A) for a period of more than 10 months; or
``(B) to a date that is more than 3 years after the
date of the alien's last admission to the United States
under this section.
``(3) Work authorization upon filing a petition for
extension of stay.--
``(A) In general.--An alien who is lawfully present
in the United States may commence the employment
described in a petition under paragraph (1) on the date
on which the petition is filed.
``(B) Definition.--For purposes of subparagraph
(A), the term `file' means sending the petition by
certified mail via the United States Postal Service,
return receipt requested, or delivered by guaranteed
commercial delivery which will provide the employer
with a documented acknowledgment of the date of receipt
of the petition.
``(C) Handling of petition.--The employer shall
provide a copy of the employer's petition to the alien,
who shall keep the petition with the alien's
identification and employment eligibility document as
evidence that the petition has been filed and that the
alien is authorized to work in the United States.
``(D) Approval of petition.--Upon approval of a
petition for an extension of stay or change in the
alien's authorized employment, the Secretary shall
provide a new or updated employment eligibility
document to the alien indicating the new validity date,
after which the alien is not required to retain a copy
of the petition.
``(4) Limitation on employment authorization of aliens
without valid identification and employment eligibility
document.--An expired identification and employment eligibility
document, together with a copy of a petition for extension of
stay or change in the alien's authorized employment that
complies with the requirements of paragraph (1), shall
constitute a valid work authorization document for a period of
not more than 60 days beginning on the date on which such
petition is filed, after which time only a currently valid
identification and employment eligibility document shall be
acceptable.
``(5) Limitation on an individual's stay in status.--
``(A) Maximum period.--The maximum continuous
period of authorized status as an H-2A worker
(including any extensions) is 3 years.
``(B) Requirement to remain outside the united
states.--
``(i) In general.--Subject to clause (ii),
in the case of an alien outside the United
States whose period of authorized status as an
H-2A worker (including any extensions) has
expired, the alien may not again apply for
admission to the United States as an H-2A
worker unless the alien has remained outside
the United States for a continuous period equal
to at least \1/5\ the duration of the alien's
previous period of authorized status as an H-2A
worker (including any extensions).
``(ii) Exception.--Clause (i) shall not
apply in the case of an alien if the alien's
period of authorized status as an H-2A worker
(including any extensions) was for a period of
not more than 10 months and such alien has been
outside the United States for at least 2 months
during the 12 months preceding the date the
alien again is applying for admission to the
United States as an H-2A worker.
``(i) Special Rules for Aliens Employed as Sheepherders, Goat
Herders, or Dairy Workers.--Notwithstanding any provision of the
Agricultural Job Opportunities, Benefits, and Security Act of 2007, an
alien admitted under section 101(a)(15)(H)(ii)(a) for employment as a
sheepherder, goat herder, or dairy worker--
``(1) may be admitted for an initial period of 12 months;
``(2) subject to subsection (j)(5), may have such initial
period of admission extended for a period of up to 3 years; and
``(3) shall not be subject to the requirements of
subsection (h)(5) (relating to periods of absence from the
United States).
``(j) Adjustment to Lawful Permanent Resident Status for Aliens
Employed as Sheepherders, Goat Herders, or Dairy Workers.--
``(1) Eligible alien.--For purposes of this subsection, the
term `eligible alien' means an alien--
``(A) having nonimmigrant status under section
101(a)(15)(H)(ii)(a) based on employment as a
sheepherder, goat herder, or dairy worker;
``(B) who has maintained such nonimmigrant status
in the United States for a cumulative total of 36
months (excluding any period of absence from the United
States); and
``(C) who is seeking to receive an immigrant visa
under section 203(b)(3)(A)(iii).
``(2) Classification petition.--In the case of an eligible
alien, the petition under section 204 for classification under
section 203(b)(3)(A)(iii) may be filed by--
``(A) the alien's employer on behalf of the
eligible alien; or
``(B) the eligible alien.
``(3) No labor certification required.--Notwithstanding
section 203(b)(3)(C), no determination under section
212(a)(5)(A) is required with respect to an immigrant visa
described in paragraph (1)(C) for an eligible alien.
``(4) Effect of petition.--The filing of a petition
described in paragraph (2) or an application for adjustment of
status based on the approval of such a petition shall not
constitute evidence of an alien's ineligibility for
nonimmigrant status under section 101(a)(15)(H)(ii)(a).
``(5) Extension of stay.--The Secretary shall extend the
stay of an eligible alien having a pending or approved
classification petition described in paragraph (2) in 1-year
increments until a final determination is made on the alien's
eligibility for adjustment of status to that of an alien
lawfully admitted for permanent residence.
``(6) Construction.--Nothing in this subsection shall be
construed to prevent an eligible alien from seeking adjustment
of status in accordance with any other provision of law.
``SEC. 218C. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.
``(a) Enforcement Authority.--
``(1) Investigation of complaints.--
``(A) Aggrieved person or third-party complaints.--
The Secretary of Labor shall establish a process for
the receipt, investigation, and disposition of
complaints respecting a petitioner's failure to meet a
condition specified in section 218(b), or an employer's
misrepresentation of material facts in an application
under section 218(a). Complaints may be filed by any
aggrieved person or organization (including bargaining
representatives). No investigation or hearing shall be
conducted on a complaint concerning such a failure or
misrepresentation unless the complaint was filed not
later than 12 months after the date of the failure, or
misrepresentation, respectively. The Secretary of Labor
shall conduct an investigation under this subparagraph
if there is reasonable cause to believe that such a
failure or misrepresentation has occurred.
``(B) Determination on complaint.--Under such
process, the Secretary of Labor shall provide, within
30 days after the date such a complaint is filed, for a
determination as to whether or not a reasonable basis
exists to make a finding described in subparagraph (C),
(D), (E), or (G). If the Secretary of Labor determines
that such a reasonable basis exists, the Secretary of
Labor shall provide for notice of such determination to
the interested parties and an opportunity for a hearing
on the complaint, in accordance with section 556 of
title 5, United States Code, within 60 days after the
date of the determination. If such a hearing is
requested, the Secretary of Labor shall make a finding
concerning the matter not later than 60 days after the
date of the hearing. In the case of similar complaints
respecting the same applicant, the Secretary of Labor
may consolidate the hearings under this subparagraph on
such complaints.
``(C) Failures to meet conditions.--If the
Secretary of Labor finds, after notice and opportunity
for a hearing, a failure to meet a condition of
paragraph (1)(A), (1)(B), (1)(D), (1)(F), (2)(A),
(2)(B), or (2)(G) of section 218(b), a substantial
failure to meet a condition of paragraph (1)(C),
(1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section
218(b), or a material misrepresentation of fact in an
application under section 218(a)--
``(i) the Secretary of Labor shall notify
the Secretary of such finding and may, in
addition, impose such other administrative
remedies (including civil money penalties in an
amount not to exceed $1,000 per violation) as
the Secretary of Labor determines to be
appropriate; and
``(ii) the Secretary may disqualify the
employer from the employment of aliens
described in section 101(a)(15)(H)(ii)(a) for a
period of 1 year.
``(D) Willful failures and willful
misrepresentations.--If the Secretary of Labor finds,
after notice and opportunity for hearing, a willful
failure to meet a condition of section 218(b), a
willful misrepresentation of a material fact in an
application under section 218(a), or a violation of
subsection (d)(1)--
``(i) the Secretary of Labor shall notify
the Secretary of such finding and may, in
addition, impose such other administrative
remedies (including civil money penalties in an
amount not to exceed $5,000 per violation) as
the Secretary of Labor determines to be
appropriate;
``(ii) the Secretary of Labor may seek
appropriate legal or equitable relief to
effectuate the purposes of subsection (d)(1);
and
``(iii) the Secretary may disqualify the
employer from the employment of H-2A workers
for a period of 2 years.
``(E) Displacement of united states workers.--If
the Secretary of Labor finds, after notice and
opportunity for hearing, a willful failure to meet a
condition of section 218(b) or a willful
misrepresentation of a material fact in an application
under section 218(a), in the course of which failure or
misrepresentation the employer displaced a United
States worker employed by the employer during the
period of employment on the employer's application
under section 218(a) or during the period of 30 days
preceding such period of employment--
``(i) the Secretary of Labor shall notify
the Secretary of such finding and may, in
addition, impose such other administrative
remedies (including civil money penalties in an
amount not to exceed $15,000 per violation) as
the Secretary of Labor determines to be
appropriate; and
``(ii) the Secretary may disqualify the
employer from the employment of H-2A workers
for a period of 3 years.
``(F) Limitations on civil money penalties.--The
Secretary of Labor shall not impose total civil money
penalties with respect to an application under section
218(a) in excess of $90,000.
``(G) Failures to pay wages or required benefits.--
If the Secretary of Labor finds, after notice and
opportunity for a hearing, that the employer has failed
to pay the wages, or provide the housing allowance,
transportation, subsistence reimbursement, or guarantee
of employment, required under section 218A(b), the
Secretary of Labor shall assess payment of back wages,
or other required benefits, due any United States
worker or H-2A worker employed by the employer in the
specific employment in question. The back wages or
other required benefits under section 218A(b) shall be
equal to the difference between the amount that should
have been paid and the amount that actually was paid to
such worker.
``(2) Statutory construction.--Nothing in this section
shall be construed as limiting the authority of the Secretary
of Labor to conduct any compliance investigation under any
other labor law, including any law affecting migrant and
seasonal agricultural workers, or, in the absence of a
complaint under this section, under section 218 or 218A.
``(b) Rights Enforceable by Private Right of Action.--H-2A workers
may enforce the following rights through the private right of action
provided in subsection (c), and no other right of action shall exist
under Federal or State law to enforce such rights:
``(1) The providing of housing or a housing allowance as
required under section 218A(b)(1).
``(2) The reimbursement of transportation as required under
section 218A(b)(2).
``(3) The payment of wages required under section
218A(b)(3) when due.
``(4) The benefits and material terms and conditions of
employment expressly provided in the job offer described in
section 218(a)(2), not including the assurance to comply with
other Federal, State, and local labor laws described in section
218A(c), compliance with which shall be governed by the
provisions of such laws.
``(5) The guarantee of employment required under section
218A(b)(4).
``(6) The motor vehicle safety requirements under section
218A(b)(5).
``(7) The prohibition of discrimination under subsection
(d)(2).
``(c) Private Right of Action.--
``(1) Mediation.--Upon the filing of a complaint by an H-2A
worker aggrieved by a violation of rights enforceable under
subsection (b), and within 60 days of the filing of proof of
service of the complaint, a party to the action may file a
request with the Federal Mediation and Conciliation Service to
assist the parties in reaching a satisfactory resolution of all
issues involving all parties to the dispute. Upon a filing of
such request and giving of notice to the parties, the parties
shall attempt mediation within the period specified in
subparagraph (B).
``(A) Mediation services.--The Federal Mediation
and Conciliation Service shall be available to assist
in resolving disputes arising under subsection (b)
between H-2A workers and agricultural employers without
charge to the parties.
``(B) 90-day limit.--The Federal Mediation and
Conciliation Service may conduct mediation or other
nonbinding dispute resolution activities for a period
not to exceed 90 days beginning on the date on which
the Federal Mediation and Conciliation Service receives
the request for assistance unless the parties agree to
an extension of this period of time.
``(C) Authorization.--
``(i) In general.--Subject to clause (ii),
there are authorized to be appropriated to the
Federal Mediation and Conciliation Service
$500,000 for each fiscal year to carry out this
section.
``(ii) Mediation.--Notwithstanding any
other provision of law, the Director of the
Federal Mediation and Conciliation Service is
authorized to conduct the mediation or other
dispute resolution activities from any other
appropriated funds available to the Director
and to reimburse such appropriated funds when
the funds are appropriated pursuant to this
authorization, such reimbursement to be
credited to appropriations currently available
at the time of receipt.
``(2) Maintenance of civil action in district court by
aggrieved person.--An H-2A worker aggrieved by a violation of
rights enforceable under subsection (b) by an agricultural
employer or other person may file suit in any district court of
the United States having jurisdiction over the parties, without
regard to the amount in controversy, without regard to the
citizenship of the parties, and without regard to the
exhaustion of any alternative administrative remedies under
this Act, not later than 3 years after the date the violation
occurs.
``(3) Election.--An H-2A worker who has filed an
administrative complaint with the Secretary of Labor may not
maintain a civil action under paragraph (2) unless a complaint
based on the same violation filed with the Secretary of Labor
under subsection (a)(1) is withdrawn before the filing of such
action, in which case the rights and remedies available under
this subsection shall be exclusive.
``(4) Preemption of state contract rights.--Nothing in this
Act shall be construed to diminish the rights and remedies of
an H-2A worker under any other Federal or State law or
regulation or under any collective bargaining agreement, except
that no court or administrative action shall be available under
any State contract law to enforce the rights created by this
Act.
``(5) Waiver of rights prohibited.--Agreements by employees
purporting to waive or modify their rights under this Act shall
be void as contrary to public policy, except that a waiver or
modification of the rights or obligations in favor of the
Secretary of Labor shall be valid for purposes of the
enforcement of this Act. The preceding sentence may not be
construed to prohibit agreements to settle private disputes or
litigation.
``(6) Award of damages or other equitable relief.--
``(A) If the court finds that the respondent has
intentionally violated any of the rights enforceable
under subsection (b), it shall award actual damages, if
any, or equitable relief.
``(B) Any civil action brought under this section
shall be subject to appeal as provided in chapter 83 of
title 28, United States Code.
``(7) Workers' compensation benefits; exclusive remedy.--
``(A) Notwithstanding any other provision of this
section, where a State's workers' compensation law is
applicable and coverage is provided for an H-2A worker,
the workers' compensation benefits shall be the
exclusive remedy for the loss of such worker under this
section in the case of bodily injury or death in
accordance with such State's workers' compensation law.
``(B) The exclusive remedy prescribed in
subparagraph (A) precludes the recovery under paragraph
(6) of actual damages for loss from an injury or death
but does not preclude other equitable relief, except
that such relief shall not include back or front pay or
in any manner, directly or indirectly, expand or
otherwise alter or affect--
``(i) a recovery under a State workers'
compensation law; or
``(ii) rights conferred under a State
workers' compensation law.
``(8) Tolling of statute of limitations.--If it is
determined under a State workers' compensation law that the
workers' compensation law is not applicable to a claim for
bodily injury or death of an H-2A worker, the statute of
limitations for bringing an action for actual damages for such
injury or death under subsection (c) shall be tolled for the
period during which the claim for such injury or death under
such State workers' compensation law was pending. The statute
of limitations for an action for actual damages or other
equitable relief arising out of the same transaction or
occurrence as the injury or death of the H-2A worker shall be
tolled for the period during which the claim for such injury or
death was pending under the State workers' compensation law.
``(9) Preclusive effect.--Any settlement by an H-2A worker
and an H-2A employer or any person reached through the
mediation process required under subsection (c)(1) shall
preclude any right of action arising out of the same facts
between the parties in any Federal or State court or
administrative proceeding, unless specifically provided
otherwise in the settlement agreement.
``(10) Settlements.--Any settlement by the Secretary of
Labor with an H-2A employer on behalf of an H-2A worker of a
complaint filed with the Secretary of Labor under this section
or any finding by the Secretary of Labor under subsection
(a)(1)(B) shall preclude any right of action arising out of the
same facts between the parties under any Federal or State court
or administrative proceeding, unless specifically provided
otherwise in the settlement agreement.
``(d) Discrimination Prohibited.--
``(1) In general.--It is a violation of this subsection for
any person who has filed an application under section 218(a),
to intimidate, threaten, restrain, coerce, blacklist,
discharge, or in any other manner discriminate against an
employee (which term, for purposes of this subsection, includes
a former employee and an applicant for employment) because the
employee has disclosed information to the employer, or to any
other person, that the employee reasonably believes evidences a
violation of section 218 or 218A or any rule or regulation
pertaining to section 218 or 218A, or because the employee
cooperates or seeks to cooperate in an investigation or other
proceeding concerning the employer's compliance with the
requirements of section 218 or 218A or any rule or regulation
pertaining to either of such sections.
``(2) Discrimination against h-2a workers.--It is a
violation of this subsection for any person who has filed an
application under section 218(a), to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any manner
discriminate against an H-2A employee because such worker has,
with just cause, filed a complaint with the Secretary of Labor
regarding a denial of the rights enumerated and enforceable
under subsection (b) or instituted, or caused to be instituted,
a private right of action under subsection (c) regarding the
denial of the rights enumerated under subsection (b), or has
testified or is about to testify in any court proceeding
brought under subsection (c).
``(e) Authorization To Seek Other Appropriate Employment.--The
Secretary of Labor and the Secretary shall establish a process under
which an H-2A worker who files a complaint regarding a violation of
subsection (d) and is otherwise eligible to remain and work in the
United States may be allowed to seek other appropriate employment in
the United States for a period not to exceed the maximum period of stay
authorized for such nonimmigrant classification.
``(f) Role of Associations.--
``(1) Violation by a member of an association.--An employer
on whose behalf an application is filed by an association
acting as its agent is fully responsible for such application,
and for complying with the terms and conditions of sections 218
and 218A, as though the employer had filed the application
itself. If such an employer is determined, under this section,
to have committed a violation, the penalty for such violation
shall apply only to that member of the association unless the
Secretary of Labor determines that the association or other
member participated in, had knowledge, or reason to know, of
the violation, in which case the penalty shall be invoked
against the association or other association member as well.
``(2) Violations by an association acting as an employer.--
If an association filing an application as a sole or joint
employer is determined to have committed a violation under this
section, the penalty for such violation shall apply only to the
association unless the Secretary of Labor determines that an
association member or members participated in or had knowledge,
or reason to know of the violation, in which case the penalty
shall be invoked against the association member or members as
well.
``SEC. 218D. DEFINITIONS.
``For purposes of this section and section 218, 218A, 218B, and
218C:
``(1) Agricultural employment.--The term `agricultural
employment' means any service or activity that is considered to
be agricultural under section 3(f) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203(f)) or agricultural labor under
section 3121(g) of the Internal Revenue Code of 1986 or the
performance of agricultural labor or services described in
section 101(a)(15)(H)(ii)(a).
``(2) Bona fide union.--The term `bona fide union' means
any organization in which employees participate and which
exists for the purpose of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or other terms and conditions of work for
agricultural employees. Such term does not include an
organization formed, created, administered, supported,
dominated, financed, or controlled by an employer or employer
association or its agents or representatives.
``(3) Displace.--The term `displace', in the case of an
application with respect to 1 or more H-2A workers by an
employer, means laying off a United States worker from a job
for which the H-2A worker or workers is or are sought.
``(4) Eligible.--The term `eligible', when used with
respect to an individual, means an individual who is not an
unauthorized alien (as defined in section 274A).
``(5) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in agricultural
employment.
``(6) H-2A employer.--The term `H-2A employer' means an
employer who seeks to hire 1 or more nonimmigrant aliens
described in section 101(a)(15)(H)(ii)(a).
``(7) H-2A worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(8) Job opportunity.--The term `job opportunity' means a
job opening for temporary or seasonal full-time employment at a
place in the United States to which United States workers can
be referred.
``(9) Laying off.--
``(A) In general.--The term `laying off', with
respect to a worker--
``(i) means to cause the worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace
rules, cause, voluntary departure, voluntary
retirement, contract impossibility (as
described in section 218A(b)(4)(D)), or
temporary suspension of employment due to
weather, markets, or other temporary
conditions; but
``(ii) does not include any situation in
which the worker is offered, as an alternative
to such loss of employment, a similar
employment opportunity with the same employer
(or, in the case of a placement of a worker
with another employer under section
218(b)(2)(E), with either employer described in
such section) at equivalent or higher
compensation and benefits than the position
from which the employee was discharged,
regardless of whether or not the employee
accepts the offer.
``(B) Statutory construction.--Nothing in this
paragraph is intended to limit an employee's rights
under a collective bargaining agreement or other
employment contract.
``(10) Regulatory drought.--The term `regulatory drought'
means a decision subsequent to the filing of the application
under section 218 by an entity not under the control of the
employer making such filing which restricts the employer's
access to water for irrigation purposes and reduces or limits
the employer's ability to produce an agricultural commodity,
thereby reducing the need for labor.
``(11) Seasonal.--Labor is performed on a `seasonal' basis
if--
``(A) ordinarily, it pertains to or is of the kind
exclusively performed at certain seasons or periods of
the year; and
``(B) from its nature, it may not be continuous or
carried on throughout the year.
``(12) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(13) Temporary.--A worker is employed on a `temporary'
basis where the employment is intended not to exceed 10 months.
``(14) United states worker.--The term `United States
worker' means any worker, whether a national of the United
States, an alien lawfully admitted for permanent residence, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien admitted
or otherwise provided status under section
101(a)(15)(H)(ii)(a).''.
(b) Table of Contents.--The table of contents of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the
item relating to section 218 and inserting the following:
``Sec. 218. H-2A employer applications.
``Sec. 218A. H-2A employment requirements.
``Sec. 218B. Procedure for admission and extension of stay of H-2A
workers.
``Sec. 218C. Worker protections and labor standards enforcement.
``Sec. 218D. Definitions.''.
CHAPTER 3--MISCELLANEOUS PROVISIONS
SEC. 653. DETERMINATION AND USE OF USER FEES.
(a) Schedule of Fees.--The Secretary shall establish and
periodically adjust a schedule of fees for the employment of aliens
pursuant to the amendment made by section 652(a) of this Act and a
collection process for such fees from employers. Such fees shall be the
only fees chargeable to employers for services provided under such
amendment.
(b) Determination of Schedule.--
(1) In general.--The schedule under subsection (a) shall
reflect a fee rate based on the number of job opportunities
indicated in the employer's application under section 218 of
the Immigration and Nationality Act, as amended by section 652
of this Act, and sufficient to provide for the direct costs of
providing services related to an employer's authorization to
employ aliens pursuant to the amendment made by section 652(a)
of this Act, to include the certification of eligible
employers, the issuance of documentation, and the admission of
eligible aliens.
(2) Procedure.--
(A) In general.--In establishing and adjusting such
a schedule, the Secretary shall comply with Federal
cost accounting and fee setting standards.
(B) Publication and comment.--The Secretary shall
publish in the Federal Register an initial fee schedule
and associated collection process and the cost data or
estimates upon which such fee schedule is based, and
any subsequent amendments thereto, pursuant to which
public comment shall be sought and a final rule issued.
(c) Use of Proceeds.--Notwithstanding any other provision of law,
all proceeds resulting from the payment of the fees pursuant to the
amendment made by section 652(a) of this Act shall be available without
further appropriation and shall remain available without fiscal year
limitation to reimburse the Secretary, the Secretary of State, and the
Secretary of Labor for the costs of carrying out sections 218 and 218B
of the Immigration and Nationality Act, as amended and added,
respectively, by section 652 of this Act, and the provisions of this
Act.
SEC. 654. REGULATIONS.
(a) Requirement for the Secretary To Consult.--The Secretary shall
consult with the Secretary of Labor and the Secretary of Agriculture
during the promulgation of all regulations to implement the duties of
the Secretary under this Act and the amendments made by this Act.
(b) Requirement for the Secretary of State To Consult.--The
Secretary of State shall consult with the Secretary, the Secretary of
Labor, and the Secretary of Agriculture on all regulations to implement
the duties of the Secretary of State under this Act and the amendments
made by this Act.
(c) Requirement for the Secretary of Labor To Consult.--The
Secretary of Labor shall consult with the Secretary of Agriculture and
the Secretary on all regulations to implement the duties of the
Secretary of Labor under this Act and the amendments made by this Act.
(d) Deadline for Issuance of Regulations.--All regulations to
implement the duties of the Secretary, the Secretary of State, and the
Secretary of Labor created under sections 218, 218A, 218B, 218C, and
218D of the Immigration and Nationality Act, as amended or added by
section 652 of this Act, shall take effect on the effective date of
section 652 and shall be issued not later than 1 year after the date of
enactment of this Act.
SEC. 655. REPORTS TO CONGRESS.
(a) Annual Report.--Not later than September 30 of each year, the
Secretary shall submit a report to Congress that identifies, for the
previous year--
(1) the number of job opportunities approved for employment
of aliens admitted under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)), and the number of workers actually
admitted, disaggregated by State and by occupation;
(2) the number of such aliens reported to have abandoned
employment pursuant to subsection 218B(e)(2) of such Act;
(3) the number of such aliens who departed the United
States within the period specified in subsection 218B(d) of
such Act;
(4) the number of aliens who applied for adjustment of
status pursuant to section 643(a);
(5) the number of such aliens whose status was adjusted
under section 643(a);
(6) the number of aliens who applied for permanent
residence pursuant to section 643(c); and
(7) the number of such aliens who were approved for
permanent residence pursuant section 645(c).
(b) Implementation Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall prepare and submit to
Congress a report that describes the measures being taken and the
progress made in implementing this Act.
SEC. 656. EFFECTIVE DATE.
Except as otherwise provided, sections 652 and 653 shall take
effect 1 year after the date of the enactment of this Act.
Subtitle D--Programs to Assist Nonimmigrant Workers
SEC. 661. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY TRAINING.
(a) Grants Authorized.--The Assistant Attorney General, Office of
Justice Programs, may award grants to qualified non-profit community
organizations to educate, train, and support non-profit agencies,
immigrant communities, and other interested entities regarding the
provisions of this Act and the amendments made by this Act.
(b) Use of Funds.--
(1) In general.--Grants awarded under this section shall be
used--
(A) for public education, training, technical
assistance, government liaison, and all related costs
(including personnel and equipment) incurred by the
grantee in providing services related to this Act; and
(B) to educate, train, and support nonprofit
organizations, immigrant communities, and other
interested parties regarding this Act and the
amendments made by this Act and on matters related to
its implementation.
(2) Education.--In addition to the purposes described in
paragraph (1), grants awarded under this section shall be used
to--
(A) educate immigrant communities and other
interested entities regarding--
(i) the individuals and organizations that
can provide authorized legal representation in
immigration matters under regulations
prescribed by the Secretary; and
(ii) the dangers of securing legal advice
and assistance from those who are not
authorized to provide legal representation in
immigration matters;
(B) educate interested entities regarding the
requirements for obtaining nonprofit recognition and
accreditation to represent immigrants under regulations
prescribed by the Secretary;
(C) provide nonprofit agencies with training and
technical assistance on the recognition and
accreditation process; and
(D) educate nonprofit community organizations,
immigrant communities, and other interested entities
regarding--
(i) the process for obtaining benefits
under this Act or under an amendment made by
this Act; and
(ii) the availability of authorized legal
representation for low-income persons who may
qualify for benefits under this Act or under an
amendment made by this Act.
(c) Diversity.--The Assistant Attorney General shall ensure, to the
extent possible, that the nonprofit community organizations receiving
grants under this section serve geographically diverse locations and
ethnically diverse populations who may qualify for benefits under the
Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Office of Justice Programs of the Department of
Justice such sums as may be necessary for each of the fiscal years 2008
through 2010 to carry out this section.
SEC. 662. GRANT PROGRAM TO ASSIST APPLICANTS FOR NATURALIZATION.
(a) Purpose.--The purpose of this section is to establish a grant
program within United States Citizenship and Immigration Services that
provides funding to community-based organizations, including community-
based legal service organizations, as appropriate, to develop and
implement programs to assist eligible applicants for naturalization.
(b) Definitions.--In this section:
(1) Community-based organization.--The term ``community-
based organization'' means a nonprofit, tax-exempt
organization, including a faith-based organization, whose staff
has experience and expertise in meeting the legal, social,
educational, cultural educational, or cultural needs of
immigrants, refugees, persons granted asylum, or persons
applying for such statuses.
(2) IEACA grant.--The term ``IEACA grant'' means an Initial
Entry, Adjustment, and Citizenship Assistance Grant authorized
under subsection (c).
(c) Establishment of Initial Entry, Adjustment, and Citizenship
Assistance Grant Program.--
(1) Grants authorized.--The Secretary, working through the
Director of United States Citizenship and Immigration Services,
may award IEACA grants to community-based organizations.
(2) Use of funds.--Grants awarded under this section may be
used for the design and implementation of programs to provide
the following services:
(A) Initial application.--Assistance and
instruction, including legal assistance, to aliens
making initial application for conditional nonimmigrant
or conditional nonimmigrant depedent classification
under section 601. Such assistance may include
assisting applicants in--
(i) screening to assess prospective
applicants' potential eligibility for
participating in such program;
(ii) filling out applications for such
program;
(iii) gathering proof of identification,
employment, residence, and tax payment;
(iv) gathering proof of relationships of
eligible family members;
(v) applying for any waivers for which
applicants and qualifying family members may be
eligible; and
(vi) any other assistance that the
Secretary or grantee considers useful to aliens
who are interested in filing applications for
treatment under section 601.
(B) Adjustment of status.--Assistance and
instruction, including legal assistance, to aliens
seeking to adjust their status in accordance with
section 602 of this Act or section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255).
(C) Citizenship.--Assistance and instruction to
applicants on--
(i) the rights and responsibilities of
United States citizenship;
(ii) English as a second language;
(iii) civics; or
(iv) applying for United States
citizenship.
(3) Duration and renewal.--
(A) Duration.--Subject to subparagraph (B), each
grant awarded under this section shall be awarded for a
period of not more than 3 years.
(B) Renewal.--The Secretary may renew any grant
awarded under this section in 1-year increments.
(4) Application for grants.--Each entity desiring an IEACA
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.
(5) Eligible organizations.--A community-based organization
applying for a grant under this section to provide services
described in subparagraph (A), (B), or (C)(iv) of paragraph (2)
may not receive such a grant unless the organization is--
(A) recognized by the Board of Immigration Appeals
under section 292.2 of title 8, Code of Federal
Regulations; or
(B) otherwise directed by an attorney.
(6) Selection of grantees.--Grants awarded under this
section shall be awarded on a competitive basis.
(7) Geographic distribution of grants.--The Secretary shall
approve applications under this section in a manner that
ensures, to the greatest extent practicable, that--
(A) not less than 50 percent of the funding for
grants under this section are awarded to programs
located in the 10 States with the highest percentage of
residents who were born in foreign countries; and
(B) not less than 20 percent of the funding for
grants under this section are awarded to programs
located in States that are not described in
subparagraph (A).
(8) Ethnic diversity.--The Secretary shall ensure that
community-based organizations receiving grants under this
section provide services to an ethnically diverse population,
to the greatest extent possible.
(d) Liaison Between USCIS and Grantees.--The Secretary shall
establish a liaison between United States Citizenship and Immigration
Services and the community of providers of services under this section
to assure quality control, efficiency, and greater client willingness
to come forward.
(e) Reports to Congress.--Not later than 180 days after the date of
enactment of this Act, and July 1 of each subsequent year, the
Secretary shall submit a report to Congress that includes information
regarding--
(1) the status of the implementation of this section;
(2) the grants issued pursuant to this section; and
(3) the activities carried out with such grants.
(f) Source of Grant Funds.--
(1) Application fees.--The Secretary may use funds made
available under section 601(g)(2)(A) of this Act and section
218A(b)(3) of the Immigration and Nationality Act, as added by
this Act, to carry out this section.
(2) Authorization of appropriations.--
(A) Amounts authorized.--In addition to the amounts
made available under paragraph (1), there are
authorized to be appropriated such additional sums as
may be necessary for each of fiscal years 2008 through
2012 to carry out this section.
(B) Availability.--Any amounts appropriated
pursuant to the authorization of appropriations in
subparagraph (A) shall remain available until expended.
(g) Distribution of Fees and Fines.--
(1) H-2C visa fees.--Notwithstanding section 218A(j) of the
Immigration and Nationality Act, as added by section 402, 2
percent of the fees collected under section 218A of such Act
shall be made available for grants under the Initial Entry,
Adjustment, and Citizenship Assistance Grant Program
established under this section.
(2) Conditional nonimmigrant visa fees and fines.--
Notwithstanding section 601(g)(2), 2 percent of the fees and
fines collected under section 601 shall be made available for
grants under the Initial Entry, Adjustment, and Citizenship
Assistance Grant Program established under this section.
SEC. 663. STRENGTHENING AMERICAN CITIZENSHIP.
(a) Short Title.--This section may be cited as the ``Strengthening
American Citizenship Act of 2007''.
(b) Definitions.--In this section:
(1) Legal resident.--The term ``legal resident'' means a
lawful permanent resident or a lawfully admitted alien who, in
order to adjust status to that of a lawful permanent resident,
demonstrates a knowledge of the English language or
satisfactory pursuit of a course of study to acquire such
knowledge of the English language.
(2) Oath of allegiance.--The term ``Oath of Allegiance''
means the binding oath (or affirmation) of allegiance required
to be naturalized as a citizen of the United States.
(c) English Fluency.--
(1) Education grants.--
(A) Establishment.--The Chief of the Office of
Citizenship of the Department (referred to in this
paragraph as the ``Chief'') shall establish a grant
program to provide grants, in an amount not to exceed
$500, to assist legal residents of the United States
who declare an intent to apply for citizenship in the
United States to meet the requirements under section
312 of the Immigration and Nationality Act (8 U.S.C.
1423).
(B) Use of funds.--Grant funds awarded under this
paragraph shall be paid directly to an accredited
institution of higher education or other qualified
educational institution (as determined by the Chief)
for tuition, fees, books, and other educational
resources required by a course on the English language
in which the legal resident is enrolled.
(C) Application.--A legal resident desiring a grant
under this paragraph shall submit an application to the
Chief at such time, in such manner, and accompanied by
such information as the Chief may reasonably require.
(D) Priority.--If insufficient funds are available
to award grants to all qualified applicants, the Chief
shall give priority based on the financial need of the
applicants.
(E) Notice.--The Secretary, upon relevant
registration of a legal resident with the Department,
shall notify such legal resident of the availability of
grants under this paragraph for legal residents who
declare an intent to apply for United States
citizenship.
(2) Faster citizenship for english fluency.--Section 316 (8
U.S.C. 1427) is amended by adding at the end the following:
``(g) A lawful permanent resident of the United States who
demonstrates English fluency, in accordance with regulations prescribed
by the Secretary of Homeland Security, in consultation with the
Secretary of State, will satisfy the residency requirement under
subsection (a) upon the completion of 4 years of continuous legal
residency in the United States.''.
(3) Savings provision.--Nothing in this subsection shall be
construed to--
(A) modify the English language requirements for
naturalization under section 312(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1423(a)(1));
or
(B) influence the naturalization test redesign
process of the Office of Citizenship (except for the
requirement under subsection (h)(2)).
(d) American Citizenship Grant Program.--
(1) In general.--The Secretary shall establish a
competitive grant program to provide financial assistance for--
(A) efforts by entities (including veterans and
patriotic organizations) certified by the Office of
Citizenship to promote the patriotic integration of
prospective citizens into the American way of life by
providing civics, history, and English as a second
language courses, with a specific emphasis on
attachment to principles of the Constitution of the
United States, the heroes of American history
(including military heroes), and the meaning of the
Oath of Allegiance; and
(B) other activities approved by the Secretary to
promote the patriotic integration of prospective
citizens and the implementation of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), including
grants--
(i) to promote an understanding of the form
of government and history of the United States;
and
(ii) to promote an attachment to the
principles of the Constitution of the United
States and the well being and happiness of the
people of the United States.
(2) Acceptance of gifts.--The Secretary may accept and use
gifts from the United States Citizenship Foundation, if the
foundation is established under subsection (e), for grants
under this subsection.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(e) Funding for the Office of Citizenship.--
(1) Authorization.--The Secretary, acting through the
Director of the Bureau of Citizenship and Immigration Services,
may establish the United States Citizenship Foundation
(referred to in this subsection as the ``Foundation''), an
organization duly incorporated in the District of Columbia,
exclusively for charitable and educational purposes to support
the functions of the Office of Citizenship.
(2) Dedicated funding.--
(A) In general.--Not less than 1.5 percent of the
funds made available to the Bureau of Citizenship and
Immigration Services from fees shall be dedicated to
the functions of the Office of Citizenship, which shall
include the patriotic integration of prospective
citizens into--
(i) American common values and traditions,
including an understanding of American history
and the principles of the Constitution of the
United States; and
(ii) civic traditions of the United States,
including the Pledge of Allegiance, respect for
the flag of the United States, and voting in
public elections.
(B) Sense of congress.--It is the sense of the
Congress that dedicating increased funds to the Office
of Citizenship should not result in an increase in fees
charged by the Bureau of Citizenship and Immigration
Services.
(3) Gifts.--
(A) To foundation.--The Foundation may solicit,
accept, and make gifts of money and other property in
accordance with section 501(c)(3) of the Internal
Revenue Code of 1986.
(B) From foundation.--The Office of Citizenship may
accept gifts from the Foundation to support the
functions of the Office.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the mission of the Office of Citizenship, including the
functions described in paragraph (2)(A).
(f) Restriction on Use of Funds.--No funds appropriated to carry
out a program under subsection (d) or (e) may be used to organize
individuals for the purpose of political activism or advocacy.
(g) Reporting Requirement.--
(1) In general.--The Chief of the Office of Citizenship
shall submit an annual report to the Committee on Health,
Education, Labor, and Pensions of the Senate, the Committee on
the Judiciary of the Senate, the Committee on Education and
Labor of the House of Representatives, and the Committee on the
Judiciary of the House of Representatives.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a list of the entities that have received funds
from the Office of Citizenship during the reporting
period under this section and the amount of funding
received by each such entity;
(B) an evaluation of the extent to which grants
received under this section successfully promoted an
understanding of--
(i) the English language; and
(ii) American history and government,
including the heroes of American history, the
meaning of the Oath of Allegiance, and an
attachment to the principles of the
Constitution of the United States; and
(C) information about the number of legal residents
who were able to achieve the knowledge described under
paragraph (2) as a result of the grants provided under
this section.
(h) Establishment of New Citizens Award Program.--
(1) Establishment.--There is established a new citizens
award program to recognize citizens who--
(A) have made an outstanding contribution to the
United States; and
(B) were naturalized during the 10-year period
ending on the date of such recognition.
(2) Presentation authorized.--
(A) In general.--The President is authorized to
present a medal, in recognition of outstanding
contributions to the United States, to citizens
described in paragraph (1).
(B) Maximum number of awards.--Not more than 10
citizens may receive a medal under this subsection in
any calendar year.
(3) Design and striking.--The Secretary of the Treasury
shall strike a medal with suitable emblems, devices, and
inscriptions, to be determined by the President.
(4) National medals.--The medals struck pursuant to this
subsection are national medals for purposes of chapter 51 of
title 31, United States Code.
(i) Naturalization Ceremonies.--
(1) In general.--The Secretary, in consultation with the
Director of the National Park Service, the Archivist of the
United States, and other appropriate Federal officials, shall
develop and implement a strategy to enhance the public
awareness of naturalization ceremonies.
(2) Venues.--In developing the strategy under this
subsection, the Secretary shall consider the use of outstanding
and historic locations as venues for select naturalization
ceremonies.
(3) Reporting requirement.--The Secretary shall submit an
annual report to Congress that includes--
(A) the content of the strategy developed under
this subsection; and
(B) the progress made towards the implementation of
such strategy.
SEC. 664. ADDRESSING POVERTY IN MEXICO.
(a) Findings.--Congress finds the following:
(1) There is a strong correlation between economic freedom
and economic prosperity.
(2) Trade policy, fiscal burden of government, government
intervention in the economy, monetary policy, capital flows and
foreign investment, banking and finance, wages and prices,
property rights, regulation, and informal market activity are
key factors in economic freedom.
(3) Poverty in Mexico, including rural poverty, can be
mitigated through strengthened economic freedom within Mexico.
(4) Strengthened economic freedom in Mexico can be a major
influence in mitigating illegal immigration.
(5) Advancing economic freedom within Mexico is an
important part of any comprehensive plan to understanding the
sources of poverty and the path to economic prosperity.
(b) Grant Authorized.--The Secretary of State may award a grant to
a land grant university in the United States to establish a national
program for a broad, university-based, Mexican rural poverty mitigation
program.
(c) Functions of Mexican Rural Poverty Mitigation Program.--The
program established pursuant to subsection (b) shall--
(1) match a land grant university in the United States with
the lead Mexican public university in each of Mexico's 31
states to provide state-level coordination of rural poverty
programs in Mexico;
(2) establish relationships and coordinate programmatic
ties between universities in the United States and universities
in Mexico to address the issue of rural poverty in Mexico;
(3) establish and coordinate relationships with key leaders
in the United States and Mexico to explore the effect of rural
poverty on illegal immigration of Mexicans into the United
States; and
(4) address immigration and border security concerns
through a university-based, binational approach for long-term
institutional change.
(d) Use of Funds.--
(1) Authorized uses.--Grant funds awarded under this
section may be used--
(A) for education, training, technical assistance,
and any related expenses (including personnel and
equipment) incurred by the grantee in implementing a
program described in subsection (a); and
(B) to establish an administrative structure for
such program in the United States.
(2) Limitations.--Grant funds awarded under this section
may not be used for activities, responsibilities, or related
costs incurred by entities in Mexico.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such funds as may be necessary to carry out this section.
TITLE VII--MISCELLANEOUS
Subtitle A--Increasing Court Personnel
SEC. 701. ADDITIONAL IMMIGRATION PERSONNEL.
(a) Department of Homeland Security.--In each of fiscal years 2008
through 2012, the Secretary shall, subject to the availability of
appropriations for such purpose, increase by not less than 100 the
number of positions for attorneys in the Office of General Counsel of
the Department to represent the Department in immigration matters.
(b) Department of Justice.--
(1) Litigation attorneys.--In each of fiscal years 2008
through 2012, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of positions for attorneys in the
Office of Immigration Litigation of the Department of Justice.
(2) United states attorneys.--In each of fiscal years 2008
through 2012, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of positions for attorneys in the
United States Attorneys' office to litigate immigration cases
in the Federal courts.
(3) Immigration judges.--In each of fiscal years 2008
through 2012, the Attorney General shall, subject to the
availability of appropriations for such purpose--
(A) increase by not less than 20 the number of
positions for full-time immigration judges; and
(B) increase by not less than 80 the number of
positions for personnel to support the immigration
judges described in subparagraph (A).
(4) Staff attorneys.--In each of fiscal years 2008 through
2012, the Attorney General shall, subject to the availability
of appropriations for such purpose--
(A) increase by not less than 10 the number of
positions for full-time staff attorneys in the Board of
Immigration Appeals; and
(B) increase by not less than 10 the number of
positions for personnel to support the staff attorneys
described in subparagraph (A).
(c) Administrative Office of the United States Courts.--In each of
the fiscal years 2008 through 2012, the Director of the Administrative
Office of the United States Courts shall, subject to the availability
of appropriations, increase by not less than 50 the number of positions
for attorneys in the Federal Defenders Program to litigate criminal
immigration cases in the Federal courts.
(d) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2008 through 2012 such sums as
may be necessary to carry out this section.
SEC. 702. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF MAGISTRATES.
Section 631(a) of title 28, United States Code, is amended by
striking ``Northern Mariana Islands'' the first place it appears and
inserting ``Northern Mariana Islands, including any judge in regular
active service and any judge who has retired from regular active
service under section 371(b) of this title,''.
SEC. 703. STUDY ON THE APPELLATE PROCESS FOR IMMIGRATION APPEALS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director of the Federal Judicial Center
shall conduct a study on the appellate process for immigration appeals.
(b) Requirements.--In conducting the study under subsection (a),
the Director shall consider the possibility of consolidating all
appeals from the Board of Immigration Appeals and habeas corpus
petitions in immigration cases into 1 United States Court of Appeals.
(c) Factors To Consider.--In conducting the study under subsection
(a), the Director, in consultation with the Attorney General, the
Secretary, and the Judicial Conference of the United States, shall
consider--
(1) the resources needed for each alternative, including
judges, attorneys, and other support staff, case management
techniques, including technological requirements, physical
infrastructure, and other procedural and logistical issues as
appropriate;
(2) the impact of each alternative on various circuits,
including the caseload of each circuit and the caseload per
panel in each circuit;
(3) the possibility of utilizing case management techniques
to reduce the impact of any consolidation option, such as
requiring certificates of reviewability, similar to procedures
employed in habeas corpus proceedings and existing summary
dismissal procedures in local rules of the Courts of Appeals;
(4) the effect of the reforms made by this subtitle on the
ability of the circuit courts to adjudicate such appeals;
(5) potential impact, if any, on litigants; and
(6) other reforms to improve adjudication of immigration
matters, including appellate review of motions to reopen and
reconsider, and attorney fee awards with respect to review of
final orders of removal.
SEC. 704. SENSE OF CONGRESS REGARDING THE ESTABLISHMENT OF AN
IMMIGRATION COURT SYSTEM.
(a) Finding.--The Congress finds that the United States tradition
as a nation of laws and a nation of immigrants is best served by an
effective, fair, and well-staffed immigration court system that upholds
the rule of law and ensures that individuals and families receive fair
treatment.
(b) Sense of Congress.--It is the sense of the Congress that an
effective and fair immigration court system should be established.
Subtitle B--Citizenship Assistance for Members of the Armed Services
SEC. 711. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS OF THE
ARMED FORCES.
Notwithstanding any other provision of law or any regulation, the
Secretary shall use the fingerprints provided by an individual at the
time the individual enlists in the Armed Forces to satisfy any
requirement for fingerprints as part of an application to become a
naturalized citizen of the United States, if the individual--
(1) may be naturalized pursuant to section 328 or 329 of
the Immigration and Nationality Act (8 U.S.C. 1439 and 1440);
(2) was fingerprinted in accordance with the requirements
of the Secretary of Defense at the time the individual enlisted
in the Armed Forces; and
(3) submits the application to become a naturalized citizen
of the United States not later than 12 months after the date
the individual enlisted in the Armed Forces.
SEC. 712. NONCITIZEN MEMBERSHIP IN THE ARMED FORCES.
Section 329 (8 U.S.C. 1440) is amended--
(1) in subsection (b), by striking ``subsection (a)'' and
inserting ``subsection (a), (d), or (e)''; and
(2) by adding at the end the following:
``(d)(1) Notwithstanding any other provision of law, except for
provisions relating to revocation of citizenship under subsection (c),
an individual who is not a citizen of the United States shall not be
denied the opportunity to apply for membership in the United States
Armed Forces. Such an individual who becomes an active duty member of
the United States Armed Forces shall, consistent with this section and
with the approval of the individual's commanding officer, be granted
United States citizenship after performing at least 2 years of
honorable and satisfactory service on active duty. Not later than 90
days after such requirements are met with respect to an individual,
such individual shall be granted United States citizenship.
``(2) An individual described in paragraph (1) shall be naturalized
without regard to the requirements of this title, if the individual--
``(A) filed an application for naturalization in accordance
with such procedures to carry out this subsection as may be
established by regulation by the Secretary of Homeland Security
or the Secretary of Defense;
``(B) demonstrates to the individual's commanding officer
proficiency in the English language, good moral character, and
knowledge of the Federal Government and United States history,
consistent with the requirements of this Act; and
``(C) takes the oath required under section 337 and
participates in an oath administration ceremony in accordance
with this Act.
``(e) Notwithstanding any other provision of law, except for
provisions relating to revocation of citizenship under subsection (c),
an individual who is not a citizen of the United States who serves
under orders on active duty as an enlisted member or warrant officer of
the Armed Forces of the United States in a combat zone (as that term is
defined in section 112(c) of the Internal Revenue Code of 1986) shall
be granted United States citizenship effective as of the commencement
of such service in the combat zone without regard to the requirements
of this title if the individual files an application for naturalization
in accordance with such procedures to carry out this subsection as may
be established by regulation by the Secretary of Homeland Security and
Secretary of Defense.''.
SEC. 713. PROVISION OF INFORMATION ON NATURALIZATION TO MEMBERS OF THE
ARMED FORCES.
The Secretary shall--
(1) provide information to members of the Armed Forces and
the families of such members through a dedicated toll-free
telephone service related to naturalization pursuant to section
328 or 329 of the Immigration and Nationality Act (8 U.S.C.
1439 and 1440), including the status of an application for such
naturalization;
(2) ensure that the telephone service required by paragraph
(1) is operated by employees of the Department who--
(A) have received specialized training on the
naturalization process for members of the Armed Forces
and the families of such members; and
(B) are physically located in the same unit as the
military processing unit that adjudicates applications
for naturalization pursuant to such section 328 or 329;
and
(3) implement a quality control program to monitor, on a
regular basis, the accuracy and quality of information provided
by the employees who operate the telephone service required by
paragraph (1), including the breadth of the knowledge related
to the naturalization process of such employees.
SEC. 714. PROVISION OF INFORMATION ON NATURALIZATION TO THE PUBLIC.
Not later than 30 days after the date that a modification to any
law or regulation related to the naturalization process becomes
effective, the Secretary shall update the appropriate application form
for naturalization, the instructions and guidebook for obtaining
naturalization, and the Internet website maintained by the Secretary to
reflect such modification.
SEC. 715. REPORTS.
(a) Adjudication Process.--Not later than 120 days after the date
of enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report on
the entire process for the adjudication of an application for
naturalization filed pursuant to section 328 or 329 of the Immigration
and Nationality Act (8 U.S.C. 1439 and 1440), including the process
that begins at the time the application is mailed to, or received by
the Secretary, regardless of whether the Secretary determines that such
application is complete, through the final disposition of such
application. Such report shall include a description of--
(1) the methods of the Secretary to process and adjudicate
such applications;
(2) the effectiveness of the chain of authority,
supervision, and training of employees of the Government or of
other entities, including contract employees, who have any role
in such process or adjudication; and
(3) the ability of the Secretary to use technology to
facilitate or accomplish any aspect of such process or
adjudication.
(b) Implementation.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the implementation of this subtitle by
the Secretary, including studying any technology that may be
used to improve the efficiency of the naturalization process
for members of the Armed Forces.
(2) Report.--Not later than 180 days after the date that
the Comptroller General submits the report required by
subsection (a), the Comptroller General shall submit to the
appropriate congressional committees a report on the study
required by paragraph (1). The report shall include any
recommendations of the Comptroller General for improving the
implementation of this subtitle by the Secretary.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
the Judiciary of the Senate; and
(2) the Committee on Armed Services and the Committee on
the Judiciary of the House of Representatives.
Subtitle C--Family Humanitarian Relief
SEC. 721. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT VICTIMS OF
TERRORISM.
(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Secretary to that of an
alien lawfully admitted for permanent residence, if the alien--
(A) applies for such adjustment not later than 2
years after the date on which the Secretary promulgates
final regulations to implement this section; and
(B) is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) shall not apply.
(2) Rules in applying certain provisions.--In the case of
an alien described in subsection (b) who is applying for
adjustment of status under this section--
(A) the provisions of section 241(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(a)(5))
shall not apply; and
(B) the Secretary may grant the alien a waiver on
the grounds of inadmissibility under subparagraphs (A)
and (C) of section 212(a)(9) of such Act (8 U.S.C.
1182(a)(9)).
(3) Relationship of application to certain orders.--
(A) Application permitted.--An alien present in the
United States who has been ordered excluded, deported,
removed, or ordered to depart voluntarily from the
United States under any provision of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) may,
notwithstanding such order, apply for adjustment of
status under paragraph (1).
(B) Motion not required.--An alien described in
subparagraph (A) may not be required, as a condition of
submitting or granting such application, to file a
separate motion to reopen, reconsider, or vacate such
order.
(C) Effect of decision.--If the Secretary adjusts
the status of an alien described in subparagraph (A)
under paragraph (1), the Secretary shall cancel the
order referred to in subparagraph (A) with respect to
such alien. If the Secretary renders a final
administrative decision to deny such alien's
application for an adjustment of status under paragraph
(1), the order referred to in subparagraph (A) with
respect to such alien shall be effective and
enforceable to the same extent as if the application
had not been made.
(b) Aliens Eligible for Adjustment of Status.--A alien described in
this subsection is an alien who--
(1) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
September 10, 2001;
(2) was, on such date, the spouse, child, dependent son, or
dependent daughter of an alien who--
(A) was lawfully present in the United States as a
nonimmigrant alien described in such section 101(a)(15)
on such date; and
(B) died as a direct result of a specified
terrorist activity; and
(3) was deemed to be a beneficiary under the September 11th
Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; title
IV of Public Law 107-42).
(c) Stay of Removal and Work Authorization.--
(1) In general.--The Secretary shall establish, by
regulation, a process by which an alien subject to a final
order of removal may seek a stay of such order based on the
filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), the Secretary shall not order any alien to be removed
from the United States, if the alien is in removal proceedings
under any provision of such Act and has applied for adjustment
of status under subsection (a), except where the Secretary has
rendered a final administrative determination to deny the
application.
(3) Work authorization.--The Secretary shall authorize an
alien who has applied for adjustment of status under subsection
(a) to engage in employment in the United States during the
pendency of such application.
(d) Availability of Administrative Review.--The Secretary shall
provide to applicants for adjustment of status under subsection (a) the
same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
SEC. 722. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT VICTIMS OF
TERRORISM.
(a) In General.--Subject to the provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), other than subsections (b)(1),
(d)(1), and (e) of section 240A of such Act (8 U.S.C. 1229b), the
Secretary shall, under such section 240A, cancel the removal of, and
adjust to the status of an alien to that of an alien lawfully admitted
for permanent residence, an alien described in subsection (b), if the
alien applies for such relief.
(b) Aliens Eligible for Cancellation of Removal.--An alien
described in subsection (a) is an alien who--
(1) was, on September 10, 2001, the spouse, child,
dependent son, or dependent daughter of an alien who died as a
direct result of a specified terrorist activity; and
(2) was deemed to be a beneficiary under the September 11th
Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; title
IV of Public Law 107-42).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary shall provide by regulation
for an alien subject to a final order of removal to seek a stay
of such order based on the filing of an application under
subsection (a).
(2) Work authorization.--The Secretary shall authorize an
alien who has applied for cancellation of removal under
subsection (a) to engage in employment in the United States
during the pendency of such application.
(d) Motions To Reopen Removal Proceedings.--
(1) In general.--Notwithstanding any limitation imposed by
law on motions to reopen removal proceedings (except
limitations premised on an alien's conviction of an aggravated
felony (as defined in section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43))), any alien who has
become eligible for cancellation of removal as a result of
enactment of this section may file 1 motion to reopen removal
proceedings to apply for such relief.
(2) Filing period.--The Secretary shall designate a
specific time period in which all such motions to reopen are
required to be filed. The period shall begin not later than 60
days after the date of enactment of this Act and shall extend
for a period not to exceed 240 days.
SEC. 723. EXCEPTIONS.
Notwithstanding any other provision of this subtitle, an alien may
not be provided relief under this subtitle if the alien is--
(1) inadmissible under paragraph (2) or (3) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), or deportable under paragraph (2) or (4) of section
237(a) of such Act (8 U.S.C. 1227(a)), including any individual
culpable for a specified terrorist activity; or
(2) a family member of an alien described in paragraph (1).
SEC. 724. EVIDENCE OF DEATH.
For purposes of this subtitle, the Secretary shall use the
standards established under section 426 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (115
Stat. 362) to determine whether the death of an individual occurred as
a direct result of a specified terrorist activity.
SEC. 725. DEFINITIONS.
(a) Application of Immigration and Nationality Act Definitions.--
Except as otherwise specifically provided in this subtitle, the
definitions used in the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), other than the definitions applicable exclusively to title
III of such Act, shall apply in the administration of this subtitle.
(b) Specified Terrorist Activity Defined.--In this subtitle, the
term ``specified terrorist activity'' means any terrorist activity
conducted against the Government or the people of the United States on
September 11, 2001.
Subtitle D--Other Matters
SEC. 731. OFFICE OF INTERNAL CORRUPTION INVESTIGATION.
(a) Internal Corruption and Benefits Fraud.--Section 453 of the
Homeland Security Act of 2002 (6 U.S.C. 273) is amended--
(1) by striking ``the Bureau of'' each place it appears and
inserting ``United States'';
(2) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) establishing the Office of Internal Corruption
Investigation, which shall--
``(A) receive, process, administer, and investigate
criminal and noncriminal allegations of misconduct,
corruption, and fraud involving any employee or
contract worker of United States Citizenship and
Immigration Services that are not subject to
investigation by the Inspector General for the
Department;
``(B) ensure that all complaints alleging any
violation described in subparagraph (A) are handled and
stored in a manner appropriate to their sensitivity;
``(C) have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
material available to United States Citizenship and
Immigration Services, which relate to programs and
operations for which the Director is responsible under
this Act;
``(D) request such information or assistance from
any Federal, State, or local government agency as may
be necessary for carrying out the duties and
responsibilities under this section;
``(E) require the production of all information,
documents, reports, answers, records, accounts, papers,
and other data and documentary evidence necessary to
carry out the functions under this section--
``(i) by subpoena, which shall be
enforceable, in the case of contumacy or
refusal to obey, by order of any appropriate
United States district court; or
``(ii) through procedures other than
subpoenas if obtaining documents or information
from Federal agencies;
``(F) administer to, or take from, any person an
oath, affirmation, or affidavit, as necessary to carry
out the functions under this section, which oath,
affirmation, or affidavit, if administered or taken by
or before an agent of the Office of Internal Corruption
Investigation shall have the same force and effect as
if administered or taken by or before an officer having
a seal;
``(G) investigate criminal allegations and
noncriminal misconduct;
``(H) acquire adequate office space, equipment, and
supplies as necessary to carry out the functions and
responsibilities under this section; and
``(I) be under the direct supervision of the
Director.'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) establishing the Office of Immigration Benefits Fraud
Investigation, which shall--
``(A) conduct administrative investigations,
including site visits, to address immigration benefit
fraud;
``(B) assist United States Citizenship and
Immigration Services provide the right benefit to the
right person at the right time;
``(C) track, measure, assess, conduct pattern
analysis, and report fraud-related data to the
Director; and
``(D) work with counterparts in other Federal
agencies on matters of mutual interest or information-
sharing relating to immigration benefit fraud.''; and
(3) by adding at the end the following:
``(c) Annual Report.--The Director, in consultation with the Office
of Internal Corruption Investigations, shall submit an annual report to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that describes--
``(1) the activities of the Office, including the number of
investigations began, completed, pending, turned over to the
Inspector General for criminal investigations, and turned over
to a United States Attorney for prosecution; and
``(2) the types of allegations investigated by the Office
during the 12-month period immediately preceding the submission
of the report that relate to the misconduct, corruption, and
fraud described in subsection (a)(1).''.
(b) Use of Immigration Fees To Combat Fraud.--Section 286(v)(2)(B)
(8 U.S.C. 1356(v)(2)(B)) is amended by adding at the end the following:
``Not less than 20 percent of the funds made available under this
subparagraph shall be used for activities and functions described in
paragraphs (1) and (4) of section 453(a) of the Homeland Security Act
of 2002 (6 U.S.C. 273(a)).''.
SEC. 732. ADJUSTMENT OF STATUS FOR CERTAIN PERSECUTED RELIGIOUS
MINORITIES.
(a) In General.--The Secretary shall adjust the status of an alien
to that of an alien lawfully admitted for permanent residence if the
alien--
(1) is a persecuted religious minority;
(2) is admissible to the United States as an immigrant,
except as provided in subsection (b);
(3) had an application for asylum pending on May 1, 2003;
(4) applies for such adjustment of status;
(5) was physically present in the United States on the date
the application for such adjustment is filed; and
(6) pays a fee, in an amount determined by the Secretary,
for the processing of such application.
(b) Waiver of Certain Grounds for Inadmissibility.--
(1) Inapplicable provision.--Section 212(a)(7) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(7)) shall not
apply to any adjustment of status under this section.
(2) Waiver.--The Secretary may waive any other provision of
section 212(a) of such Act (except for paragraphs (2) and (3))
if extraordinary and compelling circumstances warrant such an
adjustment for humanitarian purposes, to ensure family unity,
or if it is otherwise in the public interest.
SEC. 733. ELIGIBILITY OF AGRICULTURAL AND FORESTRY WORKERS FOR CERTAIN
LEGAL ASSISTANCE.
Section 305 of the Immigration Reform and Control Act of 1986 (8
U.S.C. 1101 note; Public Law 99-603) is amended--
(1) by striking ``section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a))'' and inserting ``item (a) or (b) of
section 101(a)(15)(H)(ii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii))''; and
(2) by inserting ``or forestry'' after ``agricultural''.
SEC. 734. STATE COURT INTERPRETER GRANTS.
(a) Grants Authorized.--
(1) In general.--The Administrator of the Office of Justice
Programs of the Department of Justice (referred to in this
section as the ``Administrator'') shall make grants, in
accordance with such regulations as the Attorney General may
prescribe, to State courts to develop and implement programs to
assist individuals with limited English proficiency to access
and understand State court proceedings in which they are a
party.
(2) Technical assistance.--The Administrator shall
allocate, for each fiscal year, $500,000 of the amount
appropriated pursuant to the authorization of appropriation in
subsection (f) to be used to establish a court interpreter
technical assistance program to assist State courts receiving
grants under this section.
(b) Use of Grants.--Grants awarded pursuant to subsection (a) may
be used by State courts to--
(1) assess regional language demands;
(2) develop a court interpreter program for the State
courts;
(3) develop, institute, and administer language
certification examinations;
(4) recruit, train, and certify qualified court
interpreters;
(5) pay for salaries, transportation, and technology
necessary to implement the court interpreter program developed
under paragraph (2); and
(6) engage in other related activities, as prescribed by
the Attorney General.
(c) Application.--
(1) In general.--The highest State court of each State
desiring a grant under this section shall submit an application
to the Administrator at such time, in such manner, and
accompanied by such information as the Administrator may
reasonably require.
(2) State courts.--The highest State court of each State
submitting an application under paragraph (1) shall include in
the application--
(A) an identification of each State court in that
State which would receive funds from the grant;
(B) the amount of funds each State court identified
under subparagraph (A) would receive from the grant;
and
(C) the procedures the highest State court would
use to directly distribute grant funds to State courts
identified under subparagraph (A).
(d) State Court Allotments.--
(1) Base allotment.--From amounts appropriated for each
fiscal year pursuant to the authorization of appropriations in
subsection (f), the Administrator shall allocate $100,000 to
each of the highest State court of each State, which has an
application approved under subsection (c).
(2) Discretionary allotment.--From amounts appropriated for
each fiscal year pursuant to the authorization of
appropriations in subsection (f), the Administrator shall
allocate a total of $5,000,000 to the highest State court of
States that have extraordinary needs that must be addressed in
order to develop, implement, or expand a State court
interpreter program.
(3) Additional allotment.--In addition to the allocations
made under paragraphs (1) and (2), the Administrator shall
allocate to each of the highest State court of each State,
which has an application approved under subsection (c), an
amount equal to the product reached by multiplying--
(A) the unallocated balance of the amount
appropriated for each fiscal year pursuant to the
authorization of appropriations in subsection (f); and
(B) the ratio between the number of people over 5
years of age who speak a language other than English at
home in the State and the number of people over 5 years
of age who speak a language other than English at home
in all the States that receive an allocation under
paragraph (1), as those numbers are determined by the
Bureau of the Census.
(e) Treatment of the District of Columbia.--For purposes of this
section--
(1) the District of Columbia shall be treated as a State;
and
(2) the District of Columbia Court of Appeals shall be the
highest State court of the District of Columbia.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2008 through 2012 to carry out this section.
SEC. 735. ADEQUATE NOTICE FOR ALTERNATE COUNTRY OF REMOVAL.
Section 241(b)(2) (8 U.S.C. 1231(b)(2)) is amended by adding at the
end the following new subparagraph:
``(G) Notice of country of removal.--If the
Secretary of Homeland Security determines that an alien
will be removed to a country that was not designated by
the alien under subparagraph (A)(i) of section 241 as
amended at the time of the removal hearing, the
Secretary shall provide notice of such determination to
the alien and provide the alien an opportunity for a
hearing before an immigration judge to request
protection from removal to that country on the basis
that the alien would face persecution or torture in
that country.''.
SEC. 736. STANDARDS FOR BIOMETRIC DOCUMENTS.
Any visa issued by the Secretary of State and any immigration-
related document issued by the Secretary of State or the Secretary
shall--
(1) comply with authentication and biometric standards
recognized by domestic and international standards
organizations;
(2) be machine-readable and tamper-resistant;
(3) use biometric identifiers that are consistent with the
requirements of section 303 of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (8 U.S.C. 1732), and represent
the benefits and status set forth in such section;
(4) comply with the biometric and document identifying
standards established by the International Civil Aviation
Organization; and
(5) meet other requirements determined to be necessary by
the Secretary of State and the Secretary.
SEC. 737. STATE IMPACT ASSISTANCE ACCOUNT.
Section 286 (8 U.S.C. 1356), as amended by this Act, is further
amended by adding at the end the following new subsection:
``(x) State Impact Assistance Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury an account, which shall be known as the
`State Impact Assistance Account'.
``(2) Source of funds.--Notwithstanding any other provision
under this Act, there shall be deposited as offsetting receipts
into the State Impact Assistance Account all State impact
assistance fees collected under sections 407 and 602 of this
Act.
``(3) Use of funds.--Amounts deposited into the State
Impact Assistance Account may only be used to carry out the
State Impact Assistance Grant Program established under
paragraph (4).
``(4) State impact assistance grant program.--
``(A) Establishment.--The Secretary of Health and
Human Services, in consultation with the Secretary of
Education, shall establish the State Impact Assistance
Grant Program (referred to in this section as the
`Program'), under which the Secretary of Health and
Human may award grants to States to provide health and
education services to noncitizens in accordance with
this paragraph.
``(B) State allocations.--The Secretary of Health
and Human Services shall annually allocate the amounts
available in the State Impact Assistance Account among
the States as follows:
``(i) Noncitizen populations.--Eighty
percent of such amounts shall be allocated so
that each State receives the greater of--
``(I) $5,000,000; or
``(II) after adjusting for
allocations under subclause (I), the
percentage of the amount to be
distributed under this clause that is
equal to the noncitizen resident
population of the State divided by the
noncitizen resident population of all
States, based on the most recent data
available from the Bureau of the
Census.
``(ii) High growth rates.--Twenty percent
of such amounts shall be allocated among the 20
States with the largest growth rates in
noncitizen resident population, as determined
by the Secretary of Health and Human Services,
so that each such State receives the percentage
of the amount distributed under this clause
that is equal to--
``(I) the growth rate in the
noncitizen resident population of the
State during the most recent 3-year
period for which data is available from
the Bureau of the Census; divided by
``(II) the average growth rate in
noncitizen resident population for the
20 States during such 3-year period.
``(iii) Legislative appropriations.--The
use of grant funds allocated to States under
this paragraph shall be subject to
appropriation by the legislature of each State
in accordance with the terms and conditions
under this paragraph.
``(C) Funding for local government.--
``(i) Distribution criteria.--Grant funds
received by States under this paragraph shall
be distributed to units of local government
based on need and function.
``(ii) Minimum distribution.--Except as
provided in clause (iii), a State shall
distribute not less than 30 percent of the
grant funds received under this paragraph to
units of local government not later than 180
days after receiving such funds.
``(iii) Exception.--If an eligible unit of
local government that is available to carry out
the activities described in subparagraph (D)
cannot be found in a State, the State does not
need to comply with clause (ii).
``(iv) Unexpended funds.--Any grant funds
distributed by a State to a unit of local
government that remain unexpended as of the end
of the grant period shall revert to the State
for redistribution to another unit of local
government.
``(D) Use of funds.--States and units of local
government shall use grant funds received under this
paragraph to provide health services, educational
services, and related services to noncitizens within
their jurisdiction directly, or through contracts with
eligible services providers, including--
``(i) health care providers;
``(ii) local educational agencies; and
``(iii) charitable and religious
organizations.
``(E) State defined.--In this paragraph, the term
`State' means each of the several States of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
``(F) Certification.--In order to receive a payment
under this section, the State shall provide the
Secretary of Health and Human Services with a
certification that the State's proposed uses of the
fund are consistent with (D).
``(G) Annual notice to states.--The Secretary of
Health and Human Services shall inform the States
annually of the amount of funds available to each State
under the Program.''.
SEC. 738. NEW WORKER PROGRAM AND CONDITIONAL NONIMMIGRANT FEE ACCOUNT.
Section 286 (8 U.S.C. 1356), as amended by this Act, is further
amended by adding at the end the following new subsection:
``(y) New Worker Program and Conditional Nonimmigrant Fee
Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury an account, which shall be known as the
`New Worker Program and Conditional Nonimmigrant Fee Account'.
``(2) Deposits.--Notwithstanding any other provision of
this Act, there shall be deposited as offsetting receipts into
the New Worker Program and Conditional Nonimmigrant Fee
Account--
``(A) all fees collected under section 218A; and
``(B) all fines collected under section
601(g)(2)(B).
``(3) Use of funds.--Of the fees and fines deposited into
the New Worker Program and Conditional Nonimmigrant Fee
Account--
``(A) 53 percent shall remain available to the
Secretary of Homeland Security for efforts related to
the adjudication and implementation of the New Worker
program and the program for conditional nonimmigrants
and any other efforts necessary to carry out the
provisions of the STRIVE Act of 2007 and the amendments
made by such Act, of which the Secretary shall
allocate--
``(i) 10 percent for the border security
efforts described in title I of the STRIVE Act
of 2007;
``(ii) not more than 1 percent for
promotion of public awareness of the program
for conditional nonimmigrants;
``(iii) not more than 1 percent for the
Office of Citizenship to promote civics
integration activities described in section 663
of the STRIVE Act of 2007; and
``(iv) 2 percent for the American
Citizenship Grant Program under section 663 of
the STRIVE Act of 2007;
``(B) 15 percent shall remain available to the
Secretary of Labor for the enforcement of labor
standards in the geographic and occupational areas in
which H-2C visa holders are likely to be employed and
for other enforcement efforts under the STRIVE Act of
2007, or any amendment made by that Act, including
targeted audits of employers that participate in the H-
2C program;
``(C) 15 percent shall remain available to the
Commissioner of Social Security and the Secretary of
Homeland Security for the creation and maintenance of
the Employment Eligibility Verification System
described in section 274A(c);
``(D) 15 percent shall remain available to the
Secretary of State to carry out any necessary
provisions of the STRIVE Act of 2007, or any amendments
made by that Act; and
``(E) 2 percent shall remain available to the
Secretary of Health and Human Services for the
reimbursement of hospitals serving H-2C workers and
conditional nonimmigrants established in the STRIVE Act
of 2007 and the amendments made by such Act.''.
Ms. Lofgren. Since Representative Gutierrez became a Member
of Congress in 1992, he has been a champion for immigration
reform.
I was personally enormously disappointed when the Senate
was unable to proceed on comprehensive reform this spring. We
were prepared on the House side to tackle this important issue,
but because of Senate inaction we didn't get the chance to
proceed on hearings or a markup on the STRIVE Act.
The details matter, though, and today we will get
information and details on the STRIVE Act. We can't know what
the future will hold for comprehensive reform, but we can be
armed with knowledge about the leading legislation in the House
to meet the immigration challenge.
Because this hearing is about his bill, I would like to
yield the balance of my time to my colleague from Illinois that
he may properly introduce the subject of our hearing today,
after which we will recognize the Ranking Member for his
opening statement.
[The prepared statement of Ms. Lofgren follows:]
Prepared Statement of the Honorable Zoe Lofgren, a Representative in
Congress from the State of California, and Chairwoman, Subcommittee on
Immigration, Citizenship, Refugees, Border Security, and International
Law
I would like to welcome the Immigration Subcommittee Members, our
witnesses, and the public to the Subcommittee's continuing discussion
regarding comprehensive immigration reform. Today, our hearing will
specifically address one comprehensive immigration reform bill, H.R.
1645, otherwise known as the STRIVE Act or the Security Through
Regularized Immigration and a Vibrant Economy Act of 2007.
I would like to commend our Subcommittee colleague, Representative
Luis Gutierrez, for not only drafting and introducing H.R. 1645, but
also for his service on behalf of comprehensive immigration reform in
the 110th Congress and in many Congresses before the 110th. Since
Representative Gutierrez became a Member of Congress in 1992, he has
been a champion for immigration reform.
I was personally enormously disappointed when the Senate was unable
to proceed on comprehensive reform this Spring. We were prepared on the
House side to tackle this important issue. But, because of Senate
inaction, we didn't get the chance to proceed on hearings or a mark-up
on the STRIVE Act.
The details matter, and today we will get information and details
on the Strive Act. We can't know what the future will hold for
comprehensive reform, but we can be armed with knowledge about the
leading legislation in the House to meet the immigration challenge.
Because this hearing is about his bill, I would like to yield the
balance of my time to my colleague from Illinois so that he may
properly introduce the subject of our hearing today.
Ms. Lofgren. Mr. Gutierrez?
Mr. Gutierrez. I want to thank you, Chairwoman Zoe Lofgren,
for calling this hearing and for all of your hard work and
efforts to get comprehensive immigration reform passed.
I also want to thank the witnesses for being here and for
the support many of you in the audience have shown for the
STRIVE Act and comprehensive immigration reform. I want to
especially recognize Tony Wasilewski and Eduardo Gonzalez for
sharing their personal and heart-wrenching experiences with our
broken immigration system. You are brave to testify and you are
doing a great service to your family, to other American
families facing similar challenges, and to our Nation.
The U.S. Congress cannot and should not ignore the growing
immigration crisis in our country. Despite unprecedented
resources and daily deaths in the desert, we are still unable
to control our borders. We hold family values as important and
vital to the moral health of our country, and yet as a Congress
we are unmoved by the destruction of good families at the hands
of our Nation's broken immigration system.
We have a better-educated and retiring workforce, coupled
with a growing demand for workers, but we have no system in
place to fill the gaps in our labor force. We also have an
estimated 12 million or more undocumented immigrants who risk
life and limb to come to America, are working, contributing and
assimilating with their families into our communities. In the
absence of real reform, it appears that some in Congress
believe that the best strategy is to hope that the undocumented
will disappear on their own or through by patchwork enforcement
measures aimed at making life difficult for them. This is
hardly a workable national security strategy or a sensible,
fair, just immigration policy.
It should be no surprise to us that what Congress has done
and not done over the last several years has resulted in total
and utter failure on all fronts. In fact, we should be ashamed
of ourselves for using immigration as a political prop and for
not fulfilling our constitutional responsibility to take charge
of U.S. immigration policy. We have failed the American people.
No wonder state and local communities are struggling to come up
with their own solutions.
I can think of few substantive bills that are perfectly
drafted on the date of introduction. And the 697 pages of the
STRIVE Act is no exception. However, the STRIVE Act is the best
place to start as it is bipartisan, has broad support of
stakeholders invested in real reform and all of the essential
components of a comprehensive solution that will work to clean
up the chaos of our current immigration system.
To my colleagues in Congress I say we need to roll up our
sleeves, engage friends on both sides of the aisle committed to
real reform and negotiate a workable solution to the
immigration crisis that only worsens as we ignore it.
As to the first panel, I would like to thank my friends for
coming here. Congressman Flake, who I have enjoyed immensely
working with in drafting the STRIVE Act. I thank him for being
here to testify. To Congressman Baca, thank you for all of your
leadership in the Hispanic Congressional Caucus and the
Democratic Caucus. And to someone who when then history is
written about comprehensive immigration reform, Congressman Ray
LaHood, my colleague, I am proud to say, from the State of
Illinois. Thank you so much.
Congressman Bilbray, welcome to you, too. We are on
opposite sides of this issue, but I hope that one day through
honest discussion and negotiation of this issue, you and I and
others can come together to solve what we know is a broken
immigration system.
I yield back the balance of my time to the gentlelady, the
Chairwoman, and I thank her profusely for allowing me to speak
and address this very august body.
[The prepared statement of Mr. Guttierrez follows:]
Prepared Statement of the Honorable Luis V. Gutierrez, a Representative
in Congress from the State of Illinois, and Member, Subcommittee on
Immigration, Citizenship, Refugees, Border Security, and International
Law
I want to thank the Chairwoman for calling this hearing. I also
want to thank the witnesses for being here and for the support many of
you have shown for the STRIVE Act and comprehensive immigration reform.
I want to especially recognize Tony Wasilewski and Eduardo Gonzalez for
sharing their personal and heart wrenching experiences with our broken
immigration system. You are brave to testify and are doing a great
service to your families, to other American families facing similar
challenges, and to our nation.
The U.S. Congress cannot and should not ignore the growing
immigration crisis in our country. Despite unprecedented resources and
daily deaths in the desert, we are still unable to control our borders.
We hold family values as important and vital to the moral health of our
country, and yet, as a Congress, we are unmoved by the destruction of
good families at the hands of our nation's broken immigration system.
We have a better educated and retiring workforce, coupled with a
growing demand for workers, but we have no system in place to fill the
gaps in our labor force.
We also have an estimated twelve million or more undocumented
immigrants who risked life and limb to come to America, are working,
contributing and assimilating with their families into our communities.
In the absence of real reform, it appears that some in Congress believe
that the best strategy is to hope that the undocumented will disappear
on their own, forced out by patchwork enforcement measures aimed at
making life difficult for them.
This is hardly a workable national security strategy or sensible
immigration policy. It should be no surprise to us that what Congress
has done, and not done, over the last several years has resulted in
total and utter failure on all fronts. In fact, we should be ashamed of
ourselves for using immigration as a political prop and for not
fulfilling our constitutional responsibility to take charge of U.S.
immigration policy. We have failed the American people. No wonder state
and local communities are struggling to come up with their own
solutions.
I can think of few substantive bills that are perfectly drafted on
the date of introduction. And at 697 pages, the STRIVE Act is no
exception. However, the STRIVE Act is the best place to start, as it is
bipartisan, has broad support of stakeholders invested in real reform
and all the essential components of a comprehensive solution that will
work to clean up the chaos of our current immigration system.
To my colleagues in Congress, I say we need to roll up our sleeves,
engage friends on both sides of the aisle committed to real reform, and
negotiate a workable solution to the immigration crisis that only
worsens as we ignore it.
Thank you again, Madam Chair, and I look forward to the witnesses'
testimony.
Ms. Lofgren. Thank you.
The gentleman yields back.
I now recognize the Ranking Member for his opening 5-minute
statement.
Mr. King. Thank you, Madam Chair.
My first reflection, I had to listen twice to see if
Congressman Bilbray was being welcomed to YouTube rather than
``to you, too.''
That is part of the reality of our life today, and what we
are doing here is taking up an issue that I had believed twice
had been resolved in the Senate this year. I was a bit
surprised when I received the notice of the hearing on a piece
of immigration legislation that clearly constitutes amnesty.
The American people have spoken so forcefully against
amnesty that the Senate was forced to reject it earlier this
summer. The 697 pages of legislative text that make up the
STRIVE Act contain some provisions that are interesting, some
that beg for more explanation, and some that are troubling, to
say the least.
For instance, I am concerned that the bill provides mass
amnesty for most of the 12 million to 20 million illegal
immigrants currently in the U.S. It is a two-step process in
which the illegal immigrants first become conditional non-
immigrants and then after 6 years of work in the U.S. they and
their spouses and children, who have also been illegally in the
U.S., become permanent residents.
I am troubled that supporters of the bill claim that it is
not amnesty because illegal immigrants are required to pay
fines and sit through English classes before they can become
permanent residents, and then with a path to citizenship.
When a 1986 law had similar requirements, everyone agreed
it was amnesty, including Ronald Reagan. In fact, even Black's
Law Dictionary states that the 1986 Immigration Reform and
Control Act provided amnesty for undocumented aliens already
present in the country. Yet, IRCA itself required illegal
immigrants to wait, pay a monetary fine, and learn English.
The STRIVE Act sells U.S. citizenship for a grand total of
$2,500. That is within the price range of paying a coyote to
smuggle the illegal aliens into America in the first place.
Supporters also claim that STRIVE is not an amnesty because
conditional illegal immigrants are required to touch back at
U.S. border port of entry in order to apply for permanent
residence. Such a scenic bus trip does not erase the fact that
illegal immigrants have violated the rule of law and have
received amnesty.
Current immigration law provides that illegal immigrants
cannot return to the U.S. for 10 years if they have been here
illegally for over a year. A provision that waives this penalty
in order to let illegal immigrants symbolically touch back is
in and of itself amnesty.
And, of course, even the bill's touchback requirement can
be waived for a multitude of reasons, including extreme
hardship.
I have heard many times in this Subcommittee and on the
floor that no one wants to repeat the mistakes of 1986, the
1986 Immigration Reform and Control Act. But the STRIVE Act
does just that in many different ways. The bill will help
create the cottage industry for fraudulent documents and
promote the same systemic fraud that followed IRCA. The STRIVE
Act allows illegal immigrants who seek amnesty to show
fraudulent pay stubs, time sheets and even sworn affidavits and
remittance records and records of day labor centers to prove
that they have worked for 6 years as conditional non-immigrants
in the United States.
Affidavits are invitations to lie, and pay stubs and time
sheets are easily forged. That has been proven. In fact, when
it seemed earlier this year that the Senate would pass an
amnesty, counterfeit document makers were boasting that they
could easily supply the requisite documents.
So, so far I have concentrated only on the amnesty
component, but there are other components. For instance, the
recipients of this would receive Social Security benefits based
on the time they worked in the U.S. illegally. Those who
receive amnesty will jump to the front of the line and will get
to stay legally in the United States before and ahead of in
line the three million people who are waiting outside the
United States to legally enter.
Legal immigrant numbers will be dramatically increased,
nearly doubled, by this bill. A guest worker program will bring
in 400,000 new workers and their spouses and children in the
first year, a number that could rise to 600,000 in subsequent
years. And those guest workers can get green cards at any
point, as long as their employer is willing to apply for them.
I mentioned several problematic provisions of the STRIVE
Act and could mention many more. For now, I look forward to the
witnesses' testimony, but I would ask this question: Why do the
proponents of this bill persist in claiming that it is not
amnesty? Could we just agree that it is and move on with the
debate of the bill? That is what has held up this debate in
America now for probably about 4 years.
And I would just define amnesty. We have done so
consistently in this Committee. To grant amnesty is to grant a
pardon to immigration lawbreakers and reward them with the
objective of their crime. A simple definition. It is solid, it
holds up under scrutiny.
And as long as we are talking about the same thing here, I
do think that we have to have this debate, but I would like to
have it after the next election because the Senate has spoken.
This bill has no chance of moving through this, I don't believe
through this floor. And if it did, I don't believe it has any
chance of being taken up by the Senate. And so I would identify
this as a piece of legislation that--it is here for vetting,
but it is not here for processing.
We will hear what the witnesses have to say.
I thank you, Madam Chair, and I yield back the balance of
my time.
Ms. Lofgren. The gentleman's time is expired.
I would now ask if the Chairman of the full Committee,
Chairman Conyers, wishes to make an opening statement?
Mr. Conyers. Thank you, Chairwoman Lofgren.
There are a number of reasons why this is a very important
hearing. The first is that the Chairman of the Agriculture
Committee just approached me earlier this morning to tell me
about the crisis that is going on in farming.
I don't know if my friends, the witnesses, have heard about
it, but he says there is an absolute crisis among farmers. And
you can check with your own States and areas.
That is that they don't have anybody to deal with the huge
agricultural production that we engage in in this country. And
the prices of fruit and vegetables may likely go up 100 percent
because of our failure to take this positive action. And so he
has asked, Madam Chairwoman and Mr. King, that we have joint
hearings with Agriculture and Judiciary on this subject of the
crisis in the farm community. And I am sorry I didn't get a
chance to raise it with both of you before now.
The second thing is that the American people haven't spoken
about reformed immigration because what happened in the Senate
is that they did not reach cloture to cut off debate. That is a
little bit different from the substance of what has happened.
We need to take that into consideration.
Number three, we have got this 60-day no-match letter,
which is going to drive a lot of people--if your Social
Security number and everything don't match up, you are out. And
that is going to drive a lot of people who won't have time to
get it corrected within a 60-day period--it is likely to drive
them underground.
Finally, I would just like to point out that this term
``amnesty'' has been misused more times in this debate over the
subject matter than any other word I can remember being misused
over this long a period of time. Amnesty can't mean that you
pay fines, that you pass a national security check, that you
have worked for 6 years, that you end up at the end of the line
to come back. That is not amnesty. That is working your way
back into reentry.
And I close with the observation that in 1986, was it the
Senate--both houses passed a reformed immigration bill. So now
that you have had my corrective information that clears your
head, to begin to approach this matter as impartially as you
can. I have never noticed so much unnecessary anti-immigrant
bias.
We need to enforce immigration laws, true. But we also need
to realize that we are a Nation of immigrations and it is in
that spirit that I commend the gentlelady, Chairperson Lofgren,
for holding this hearing. And I thank her for this opportunity.
[The prepared statement of Mr. Conyers follows:]
Prepared Statement of the Honorable John Conyers, Jr., a Representative
in Congress from the State of Michigan, Chairman, Committee on the
Judiciary, and Member, Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
Since the Senate failed to move comprehensive immigration reform,
the white-hot rhetoric of the debate has cooled off a little bit in the
ensuing months. Yet, the failure of others to act does not absolve us
from the following undeniable facts:
Our Nation's immigration system is still in disarray.
Families coming to our shores looking for a better
life are still caught in a tangle of confusing requirements and
traps for the unwary.
Employers still risk serious business disruptions
from unannounced round-ups of their employees while our
citizens fear the deportation of loved ones living in the
United States without documents.
Businesses that pay good wages still have to compete
with disreputable companies that get unfair advantage from
underground wages and substandard working conditions.
We cannot close our eyes to these problems. And, so we must
continue the long and arduous process toward immigration reform.
Admittedly, this process will not always be easy and it may not happen
quickly. the work of Nevertheless, immigration reform is something that
needs to be addressed whether comprehensively or in its component
pieces.
Today, we continue this process by considering the STRIVE Act, a
That bipartisan measure that seeks sought to strike the right balance
on immigration reformthe realities of the Senate with what the
Administration initially said it needed. The bill that failed cloture
in the Senate was not nearly as progressive as the STRIVE Act, and that
bill was still attacked as being an ``amnesty'' bill. My colleague,
Luis Gutierrez, the co-author of the STRIVE Act, along with my
colleague on the other side of the aisle, Jeff Flake, have walked a
delicate balance between the ideals of the various immigration
constituencies and pragmatic legislative realities. Their efforts
remind us of the moral imperative of the real people--the men, women,
and children--behind the debate.
It is because of these real people that we must continue to
construct an immigration system that is fair, orderly, and controlled.
It is because of these real people that we must keep families and
communities foremost in our minds as we carry out our legislative and
oversight functions.
And, it is because of those real people that we must look beyond
the rhetoric, the fear, and the policy battles, and think about the
America that we can become.
Ms. Lofgren. I thank the Chairman.
And in the interest of proceeding to our witnesses, mindful
of our busy schedules, I would ask that other Members submit
their statements for the record within five legislative days.
And without objection, all opening statements will be placed
into the record. And without objection, the Chair is authorized
to declare a recess of the hearing at any time.
[The prepared statement of Ms. Jackson Lee follows:]
Prepared Statement of the Honorable Sheila Jackson Lee, a
Representative in Congress from the State of Texas, and Member,
Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law
I thank Chairwoman Lofgren for convening this important hearing
regarding H.R. 1645, the ``Security through Regularized Immigration and
a Vibrant Economy Act of 2007.'' The hearing comes at a critical time
for our nations when the failure of comprehensive immigration reform
efforts in the US Senate earlier this year has produced disastrous,
social, economic, and legal and security consequences I and other
strong advocates of comprehensive immigration reform have warned about
in the past. In addition, this hearing comes at a time when our nation
is facing a moral dilemma which is beginning to even divide families
and communities because of the very sensitive nature of the immigration
debate and how it is portrait by its detractors.
Madam Chair, as one of the principal and long-standing supporters
of comprehensive immigration reform in the US Congress and an author of
a comprehensive immigration reform bill, the SAVE AMERICA Act, I do
hope that today's hearing will serve as a catalyst for pro-reform
forces in the US Congress and indeed our nation and provide impetus for
a prompt revival of a vigorous immigration debate that simply could no
longer be postponed.
Madam Chair, I should note that the STRIVE Act is a good effort to
address the complexities and extraordinary challenges a genuine
immigration reform presents us with. It does so with its provisions for
increased border protection and interior enforcement, stricter
penalties for immigration and criminal law violators along with and
attempt to improve the existing broken employee verification system. It
also addresses the ever changing needs of our dynamic economy with its
foreign worker provisions, along with the path to earned legalization
for those illegally here but who meet the strict eligibility
requirements. Last but not least, it attempts to preserve essential
American values as reunification of families which could accomplishes
with its revisions to the family visa categories.
Yet the STRIVE Act is but one step in the right direction. The
recent failure to pass workable comprehensive immigration reform
legislation has caused and will continue to cause, the most undesired
consequences for our economy and for individual businesses and
families.
The federal government's failure to enact a comprehensive response
to the immigration problem has fueled the growing frustration of state
and local governments and resulted in a hodge-podge of state laws and
local ordinances relating to immigration. As of July 2007, more than
1400 immigration-related bills have been introduced in the legislatures
of the several states. Since January of this year, 170 of these bills
have become law in 41 states and another 12 await gubernatorial
signature.
In some instances, as in the case with the Arizona legislature,
states have passed laws that severely penalize employers who exhibit
the highest good faith in the hiring of employees. No doubt these news
laws will be challenged in the courts on the grounds that they violate
federal or state constitutional provisions.
Exacerbating the chaos caused by increased state involvement in the
immigration field is the recent announcement that Immigration and
Customs Enforcement (ICE) and other federal agencies will focus almost
exclusively on the ``enforcement'' leg of what thoughtful observers
recognize as the three-legged comprehensive immigration stool.
The building of walls and concentrating border patrol agents in
large metropolitan areas have forced unscrupulous human smugglers to
shift their routes to isolated desert areas where forbidding terrain
and merciless heat has caused a spike in human death and injury.
Escalating the number of raids on businesses and immigrant communities
has resulted in economic dislocation and the disruption of community
life, including thousands of minor children being left without proper
care and vulnerable to disease and neglect.
In reaction to these disturbing developments I recently wrote a
letter to President Bush drawing his attention to the fact that the
raids on communities and businesses are causing the destruction of
innocent families and small business with disastrous economic, social
and moral consequences for our communities. I called on President
Bush's leadership in helping delay the implementation of Immigration
and Customs Enforcement's final rule on ``Safe Harbor Procedures for
Employers who receive no-match letters.'' Important stake-holders in
the immigration debate subsequently reacted in their own way in an
attempt to block the increased worrisome emphasize on enforcement
action. Only few days ago, AFL-CIO secured a Temporary Restraining
Order from the Courts against the implementation of the same rule.
This new rule is a dramatic shift in the responsibilities and
burdens placed on employers. Prior to this new rule, employers were not
required to respond to ``no match'' letters and indeed were advised not
to take action against these employees since these letters were
designed to be informational rather than for enforcement. Now, however,
the new regulation requires employers to not only respond to ``no
match'' letters, but also to do so within a specified timeframe to
avoid liability. Failure to respond in such a manner run the risk that
DHS could impute onto the employer constructive knowledge of employing
an unauthorized immigrant, which could subject the employer to
sanctions, civil fines and even criminal prosecution. However, acting
quicker than the timeframes codified by the safe-harbor procedures
could subject employers to national origin discrimination and wrongful
termination claims under the Civil Rights Act of 1964.
Many of the businesses in my district, among them restaurants,
hotels, agro-businesses, and construction and landscaping companies
depend for their survival on the employment of immigrants. Some have
estimated that employers will seek protection from prosecution under
the new regulation by terminating hundreds of thousands of workers.
However, this final regulation was announced despite overwhelming and
nearly unanimous opposition from business and labor organizations
alike, which submitted most of the 5,000 comments the Department of
Homeland Security (DHS) received regarding this proposed rule.
I should stress that I am not against raids and proper enforcement
of our immigration laws but the current enforcement regime is doing our
nation more harm than good, diverting attention and resources from our
efforts to combat counterterrorism and protect our communities from
serious crime. Worse yet, the vacuum created by the lack of
comprehensive reform risks fomenting racism, animosity and violence
toward persons of Hispanic origin even in regions of our country where
they were welcomed less than a generation ago. In short, the
``enforcement-only'' approach'' will not solve the immigration crisis.
The only effective solution is comprehensive immigration reform. I
have introduced a bill that would provide such reform, the Save America
Comprehensive Immigration Act, H.R. 750. It requires the Secretary of
Homeland Security to impose a 10% surcharge on fees collected for
employment-based visa petitions. These funds would be used to establish
much needed employment training programs for our rural and urban areas.
It has three legalization programs. It would require the Secretary
of Labor to conduct a national study of American workplaces on the
exploitation of undocumented alien workers by their employers. It also
provides the Border Patrol with the personnel, resources, and equipment
that it needs to secure the border. Our borders will continue to be out
of control until we have immigration reform that provides more
opportunities for immigrants to come to this country legally.
I know that many Americans of goodwill have a different view of the
problem and advocate different solutions to the immigration challenge
facing America. That does not make them bad people. It simply means we
must redouble our efforts to get our message out. It means we need to
work harder at rebutting the disinformation that is spread by right-
wing pundits, commentators, and politicians. As President John Kennedy
famously noted:
``The great enemy of the truth is very often not the lie--
deliberate, contrived and dishonest, but the myth, persistent,
persuasive, and unrealistic. Belief in myths allows the comfort
of opinion without the discomfort of thought.''
Opponents of comprehensive immigration reform after managing to
defeat the reform efforts in the US Senate have brought the nation to a
crisis point which demands the immediate attention and intervention of
a wide spectrum of stake holders in the reform effort. Now more than
ever, a comprehensive reform is a necessity and not a luxury for our
nation.
The STRIVE Act is a good step in the right direction and hope that
today's hearing will indeed serve as a catalyst for those of who have
invested so much in the effort to produce a comprehensive immigration
reform rally our forces again.
I support comprehensive immigration reform because only a
comprehensive solution to the immigration can achieve the multi-faceted
goals of a humane immigration system. At its best, American immigration
policy should strengthen the nation's economy, secure its borders,
protect American workers, and reflect the nation's values and historic
role as the beacon of hope and opportunity for the world. I welcome the
opportunity to engage in meaningful dialogue about immigration reform.
After all, that it what it is going to take to find the common ground
necessary to move America forward.
Thank you again, Madam Chair, for convening this meeting and I look
forward to hearing from our distinguished witnesses. I yield back the
balance of my time.
Ms. Lofgren. We are honored to have four of our colleagues
as witnesses today. We know you well, but not everyone here in
the witness room necessarily knows you, so I am going to
introduce each distinguished person.
Seated first on the panel is Congressman Jeff Flake, who is
serving his fourth term in Congress representing Arizona's 6th
Congressional District. Before serving in the House, Mr. Flake
was the Executive Director of the Foundation for Democracy, a
foundation monitoring the south African nation of Namibia's
independence process. Following his work at the foundation, he
was named the executive director of the Goldwater Institute. He
graduated from Brigham Young University where he received his
bachelor's degree in international relations and a master's
degree in political science. Along with Congressman Gutierrez,
Congressman Flake is the principal co-author of the STRIVE Act.
He and his wife Cheryl have five children.
I would next like to welcome my co-Californian Congressman
Joe Baca, who has represented California's 43rd District since
1999. Congressman Baca served as an Army paratrooper between
1966 and 1968, after which he earned his bachelor's degree from
California State University--L.A.
Congressman Baca and his wife Barbara opened their own
business in San Bernardino in 1989, while raising four
children. First elected to the California State Assembly in
1992 and State Senate in 1998, we of course know Congressman
Baca as a leader on the Agricultural and Financial Services
Committees. He serves now as the distinguished Chairman of the
Congressional Hispanic Caucus.
It is also my pleasure to introduce Congressman Ray LaHood,
serving his 7th term as the Representative from Illinois' 18th
District. The grandson of a Lebanese immigrant, Congressman
LaHood earned his bachelor's degree in education and sociology
from Bradley University. He began his professional career as a
junior high school teacher, and after serving in the Illinois
State House in 1982, he served as the Chief of Staff to House
Republican leader Bob Michel. A Member of the Appropriations
Committee, Congressman LaHood and his wife, Kathy, have four
children and seven grandchildren. And all of us are sad to know
that Ray has said that this is his last term with us here, and
it has been a pleasure to serve with him these many years.
And finally, I am pleased to recognize another co-
Californian, the minority's witness, Congressman Brian Bilbray,
the Representative from California's 50th District since June
of 2006. Congressman Bilbray was first elected to Congress in
1994 but co-chaired the Federation for American Immigration
Reform between 2001 and his 2006 re-election. In addition to
his work on the Committee on Oversight and Government Reform,
Veterans Affairs, and Science and Technology, he is a member of
the Republican Policy Committee and chairs the Immigration
Reform Caucus. A native of San Diego, Congressman Bilbray has
served San Diego County for over two decades as a mayor, as a
county supervisor, and as a Member of Congress. And I would
note that I first met Brian when we served on our respective
county boards of supervisors, myself in Santa Clara and he in
San Diego. He and his wife Karen have five children and six
grandchildren. Lucky you.
So we will begin with your testimony. You know the drill on
the lights and the 5-minute rule. Obviously, we will not have a
heavy gavel.
And we would ask Congressman Flake if you would begin.
TESTIMONY OF THE HONORABLE JEFF FLAKE, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF ARIZONA
Mr. Flake. I thank the Chair. I thank the Chair and
Committee Members for holding this important hearing.
I am glad to be back in the Judiciary Committee, if not on
the Judiciary Committee. I received the equivalent of a no-
match letter in January. So unfortunately I have to be on this
side.
I think all of us watched with a lot of frustration the
process this year, particularly in the Senate, where they
discussed, came up with a plan, and then came away not being
able to pass anything to come here to the House. I think that
we will all, the longer we go, be rueful that nothing--that we
did no comprehensive reform this year.
When you look across the country, you recognize that there
have been 1,400 immigration bills introduced out there across
the country; 170 laws have been enacted in 41 States, including
my home state of Arizona. As mentioned, it is kind of a
patchwork of laws that simply aren't going to work very well
because, as we know, immigration and labor law is largely
Federal, and it is inescapable that it has to be the Congress
that moves here, whether it is the Administration enacting new
regulations or States moving forward. Until you have
comprehensive immigration reform of our laws, it is going to be
difficult to have any semblance of meaningful, workable
immigration reform.
Let me just respond to a little of what was said before
about why don't you just call this an amnesty, that is what it
is, it is just like the 1986 law. It is not like the 1986 law.
There are many differences between what is proposed here and
the 1986 law. The 1986 law had no fines at all. There were some
processing fees, I think, attached, but no fines.
There were no work requirements with the 1986 law. Here
under this piece of legislation, you have to work for 6 years.
There were no requirements to exit the country and then reenter
legally. There are those requirements here.
Most importantly, the 1986 law was not comprehensive. We
either failed to recognize or failed to have the political
wherewithal to know that we would need a temporary worker
program going forward, so we didn't enact one. Therefore, the
1986 law was out of date the day it was signed into law and we
didn't have a mechanism for legal workers to come in the
country in any meaningful number. And so they came illegally.
And we would have that same problem today if we enacted all
the enforcement measures we could do without a meaningful
temporary worker program going forward. That is why this
legislation was careful to be comprehensive, to have
enforcement measures, tough border enforcement, tough interior
enforcement, biometric cards, identifiers that we simply don't
have today. Employers simply don't have the tools to
meaningfully enforce the law today unless the Congress moves
ahead and makes some changes, and that is what this is all
about.
And that is why I am glad that this Committee has seen fit
to hold this hearing and try to move forward.
Let me just say that out there in the States, we are in a
very difficult problem. I don't blame my home state of Arizona,
the State legislature, or others who are moving ahead and
enacting their own laws and trying to get a handle on this
situation.
We are in a bad way in Arizona. We bear a disproportionate
burden of the Federal Government's failure to have rational
immigration law and to enforce the law that we have.
Healthcare, education hit us particularly hard and that is not
going to change until we have comprehensive reform here.
That is what this legislation was supposed to do. I say was
supposed to do, as if the time is passed. I am glad this
hearing is being held and I hope that we can move forward to
markup and actually get it this year, but I know it is
unlikely, frankly, and I think that that is too bad.
Let me just give very briefly the high points of this
legislation. I will just sum up.
As I mentioned, it is tough border enforcement. There is
interior enforcement with biometric cards so employers will
finally have the tools, and it sets up a new worker program for
low skill workers.
We know when you look at demographics, we are going to need
a labor force in the future that we simply don't have. And when
I hear people talk about amnesty, it strikes me that those who
say let us simply enforce current law are counting on the fact
that we simply can't enforce this law very quickly.
Five percent of the workforce out there, about 7 million
people, are undocumented. That means if you remove them from
the workforce, there would be severe dislocations and you would
have severe problems. Everyone on either side of this issue
knows that. But those who say we can simply enforce the law are
counting on the fact that it would take years to actually
remove those who are here, because if you remove them
immediately, you would have severe dislocation.
So this notion that this is an amnesty when simply not
enforcing the current law is not an amnesty strikes me as
inconsistent. I just don't get the distinction there.
With that, I will go ahead and yield back and wait for
questions.
I thank the Chair.
[The prepared statement of Mr. Flake follows:]
Prepared Statement of the Honorable Jeff Flake, a Representative in
Congress from the State of Arizona
Thank you, Madam Chairwoman, for holding this important hearing to
examine The Security Through Regularized Immigration and a Vibrant
Economy Act of 2007 (STRIVE Act), introduced by Congressman Gutierrez
and myself. I am pleased that the Immigration Subcommittee has turned
its attention to both this important bill and the important issue of
comprehensive immigration reform.
Earlier this year, it was with great disappointment that I watched
the negotiations on a bipartisan and comprehensive approach to
immigration reform in the Senate take crucial steps forward only to be
ground to a halt in June. However, the sentiment that I expressed at
the time remains all the more valid today--inaction is a victory for no
one on this issue. When it comes to reforming our broken federal
immigration system, Congress failing to act is simply not an option.
This subcommittee is integrally familiar with the many facets of
the problems caused by our broken immigration system. Our current
immigration laws are not realistic and there are insurmountable
obstacles to their enforcement. Among other consequences, our approach
to immigration policy has yielded a steady stream of immigrants
crossing the border without inspection or overstaying their visas, an
estimated 12 million undocumented immigrants within the U.S., a
bureaucratic and ineffective temporary worker program that is little
help to a consistent worker shortage, and embarrassing visa processing
backlogs. While many agree on the problems, Congress has been unable to
agree upon a solution. With state and local governments stepping up and
the Administration's upcoming pressure on employers, Congress'
prolonged inaction is making a bad situation worse.
state and local officials stepping in due to congressional inaction
According to a recent analysis, the first half of 2007 saw more
than 1,400 bills dealing with immigration introduced in state
legislatures, with 170 laws enacted in 41 states. While the Immigration
Reform and Control Act of 1986 made it illegal for employers to
knowingly hire, recruit, or refer for a fee, or continue to employ an
alien who is not authorized to be so employed, enforcing this
prohibition has been all but impossible due to the prevalence of
fraudulent documents and the ease with which undocumented workers could
obtain them. Tired of waiting for Congress to act, states are trying to
take matters into their own hands, including my home state of Arizona.
State laws dealing with immigration issues have generally followed
a strategy of attempting to encourage immigrants, particularly those
without proper documentation, to leave the state by making life for
them untenable. Additionally, state immigration laws also often seek to
target employers that are suspected of hiring workers that are not
authorized to work in the U.S. or those providing housing to illegal
immigrants with strict penalties and sanctions.
These state immigration laws are being consistently challenged,
however, with opponents charging violations of the separation of
powers, federal commerce clause, or due process. Along with court
challenges, many that are dealing with strict state immigration laws,
attempting to do what Congress should, have fears that they will lead
to widespread discrimination by employers. It is unfortunate that an
increase in penalties for hiring undocumented workers is often not
coupled with the appropriate tools that employers could use to
accurately identify those that are authorized to work in the U.S.
There is no disputing that the responsibility of crafting
immigration policy falls on the shoulders of Congress, not the states.
When Congress fails to act, we run the risk of what we are seeing
currently: a patchwork of differing state laws that will be ineffective
at providing a comprehensive solution. Rather than encouraging them to
leave the country, this inconsistent and segmented approach simply
provides those in the country illegally a long menu of options from
which to choose instead of complying with federal immigration law.
Rather than fifty attempts to handle the problem, Congress should move
forward with a national approach to immigration reform.
the administration's reforms are an incomplete step
Not to be outdone by state and local governments stepping into the
immigration fray due to Congressional inaction, the Administration has
also announced an aggressive plan to increase border security and
immigration law enforcement. On August 9th, the Administration
announced twenty-six specific policy reforms in a number of areas,
including: border security, interior enforcement, worksite enforcement,
the guest worker programs, existing immigration, and assimilation.
While the Administration is to be commended for doing what they can
with the immigration problem and for attacking the issue in as
comprehensive manner as possible, these reforms are severely limited in
scope because they all fall within the bounds of the existing
immigration laws. One of the new provisions in particular, while an
aggressive measure intended to enforce the law prohibiting the
employment of unauthorized workers, could have significant and negative
unintended consequences as well.
While still attempting to clear legal hurdles, the Administration
has finalized regulations proposed in 2006 and held until Congress
faltered on moving ahead with comprehensive immigration reform. The
Department of Homeland Security is planning on sending some 140,000
employers so-called social security ``no match letters.'' These ``no
match letters'' are generated by the Social Security Administration
when an employee's name and social security number are not consistent.
Under the finalized regulations, employers will have ninety days to
resolve any discrepancies that have resulted in the ``no match letter''
or terminate the employee. Otherwise, they will be considered to have
knowingly hired an unauthorized worker. With an estimated seven million
unauthorized workers making up roughly five percent of the civilian
workforce and consistent reports of worker shortages, the business
community is rightfully wary of stepped up worksite enforcement that is
not part of a comprehensive solution to our broken immigration system.
While having to operate within the bounds of existing law, the
Administration is arguably using the wrong tool for the right problem.
Outside of questions regarding whether the Department of Homeland
Security has the necessary authority to require employers to deal with
``no match letters,'' the Social Security Administration's ``no match
letters'' were never intended to play a primary role in worksite
enforcement of immigration laws. As such, there is considerable concern
about whether the Social Security Administration's database and
information is up to the challenge, given what is at stake for both
workers and employers.
Even if the Social Security Administration's databases and
information could be used for worksite enforcement with some degree of
confidence, ``no match letters'' would remain a dubious policy option
for immigration law enforcement. The ``no match letter'' approach
targets so-called ``good actor'' employers--employers that are doing
their paperwork and paying their taxes. An approach to worksite
enforcement such as this makes trying to follow the rules and obey the
law a disincentive for employers, who would have a reduced risk of
being snared in immigration violations or discrimination lawsuits if
they simply filed no paperwork at all. In addition, this approach is
too far into the hiring process to be effective for either the employee
or the employer. Rather than providing a workable and accurate employee
verification system for employers to use, this approach relies on the
employee being hired and paperwork being submitted to the Social
Security Administration before a problem could be detected.
I would submit that these are the kinds of problems one would
expect when the agencies are tasked with bootstrapping existing and
ineffective regulatory tools to fix a problem that demands a
Congressional solution. More troubling are the persistent rumors that
the ``no match letter'' approach has been pursued as a likely approach
that will put U.S. industry in the worst situation possible and thus
make the immigration issue one that Congress simply cannot ignore. For
those of us that live near the border, it is hard to believe there are
still those within the U.S. that believe the situation could get any
worse.
comprehensive immigration reform is the only viable solution
Rather than fifty individual and inconsistent approaches to
immigration reform muddying the waters or ineffective regulatory tools
that run the risk of ineffectively addressing only one piece of a
complex problem, Congress must act. I wholly support enforcing our
existing laws, but we simply have to face the fact that our existing
immigration policies have insurmountable obstacles that individual
state laws or selective regulatory approaches cannot fix and that
demand Congressional action. The legislation introduced by Congressman
Gutierrez and myself is a comprehensive approach to fixing our
immigration system and includes provisions dealing with border
security, interior enforcement, worker verification, a new worker
program, visa backlogs, and legalizing the undocumented population.
The Gutierrez-Flake bill would increase border enforcement through
increasing enforcement personnel on the border and requiring a thorough
evaluation of information-sharing, international and federal-state-
local coordination, technology, anti-smuggling, and other border
security initiatives to ensure that we are doing everything possible to
bolster border security. The STRIVE Act would strengthen interior
enforcement by increasing penalties for crimes committed by immigrants,
including those related to smuggling and gang activities. The bill also
sets up an employment verification system whereby employers would be
required to confirm each potential employee's eligibility to work.
The STRIVE Act would also set up a new worker program for low-
skilled workers, when a U.S. worker cannot be found to fill a needed
job. It addresses the failures and problems with past worker programs
and charts a new course that better protects workers, while more
effectively and efficiently meeting the needs of employers. The STRIVE
Act also would overhaul the family-based and employment-based
immigration system to reduce backlogs and inefficiencies. Finally,
under this legislation, undocumented workers who pay a fine and pass
extensive and thorough background examinations would be eligible for
conditional status with work and travel authorization for six years,
with the conditional ability to adjust their status if they leave the
country and re-enter legally.
Madam Chairwoman, I appreciate the opportunity to testify on the
need for comprehensive immigration reform. I hope that I have made
clear that whether Congress acts or not, the immigration issue
continues to progress. For Congress, it is as simple as asking whether
we want to fix the problem . . . or continue to allow it to get worse.
Ms. Lofgren. Thank you.
Congressman Baca?
TESTIMONY OF THE HONORABLE JOE BACA, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF CALIFORNIA
Mr. Baca. Thank you very much, and thank you for allowing
me to say a few words.
As Chair of the Congressional Hispanic Caucus, the CHC,
under the leadership of our immigration task force, the chair,
Mr. Gutierrez, has a long and a proud history of working on
immigration. We thank you.
I, and the Caucus particularly, want to say thank you for
your services to us, to our country, and to those 12 million
undocumented.
I also want to thank you, Madam Chair, and the Subcommittee
for having this important hearing today on this vital important
issue.
Immigration is critically important not only to the CHC but
to every immigrant, whether you are Italian, Irish, Black,
Asian. Our constituents across the country are very much
concerned that we take action. Whether it is a Hispanic small
business owner, the family struggling to stay together while
living in fear or individuals who dream of life in the United
States only to be confronted with unrealistic processes fraught
with delays, the communities we represent care about
immigration reform.
Our immigration system is broken, and I state our
immigration system is broken. People are suffering. People are
suffering. As a result, this is an issue much more than a
Hispanic or immigrant issue. This issue is about an American
issue. The fact is, our broken immigration system is hurting
our economy and making our Nation less secure.
As such, CHC stands in willingness and responsibility to
roll up our sleeves and get to work in a bipartisan fashion to
make real headway for the good of all Americans. We offer our
help, expertise, and commitment to lead the immigration issue
on behalf of the community and our constituents.
As we believe the STRIVE Act is a comprehensive solution,
and it is a comprehensive solution that best fits immigration
problems and the political reality that we are in. STRIVE is a
comprehensive bill that addresses employers, business' needs,
holds employers accountable, protects employees rights, and
provides for strong border security.
STRIVE also addresses a need of farmers through the Ag
provision. It sets up an employee verification system to help
our businesses better comply with immigration laws. It benefits
families by giving more children access to education through
the Dream Act. It also makes our Nation safer by increasing
enforcement personnel on the borders and increasing penalties
for crimes committed by immigrants.
STRIVE provides a pathway to legalization for qualified
hardworking immigrants only, and I say hardworking immigrants
only. It is critically important to emphasize that this is not
an amnesty, as the gentleman indicated before. Any attempt to
brand it as such is empty rhetoric and designed to play
politics with our security.
It calls for real penalties, for real sacrifices. In fact,
many of our members who are supportive of the immigrants'
community might personally wish for a different bill, but at
the end of the day we feel STRIVE offers the best chance for
real reform.
STRIVE helps families stay together and many of us have to
look at many of the cases in our districts who know the
heartbreaking realities facing immigrant families who want to
play by the rules to adjust their status, but are facing
unrealistic backlogs and inefficiencies in our current visa
system and are also living in fear.
Congress has the responsibility to deal with the broken
immigration system and we cannot ignore the immigration crisis,
that it will go away or it will solve itself. And that is not
the solution to the problem. We have to address the problem. It
is the responsibility of Congress. It is not the responsibility
of the States. It is ours and we must take action. That is why
the President of the United States was supporting and is
supporting comprehensive immigration reform.
Congress needs to take action and the STRIVE Act offers the
best solution. It is time to solve the crisis. I urge the
Subcommittee and Congress to strongly consider the STRIVE Act,
a solution that is fair and realistic. It is important for our
security and to help businesses and protect our Nation and our
proud immigrant history.
I thank you, and I yield back the balance of my time.
[The prepared statement of Mr. Baca follows:]
Prepared Statement of the Honorable Joe Baca, a Representative in
Congress from the State of California
Good morning and thank you for allowing me to speak today, as
the Chair of the Congressional Hispanic Caucus.
The CHC, under the leadership of our Immigration Task Force
Chair, Rep. Gutierrez, has a long and proud history of working on
immigration. I particularly want to thank Rep. Gutierrez for his
service.
I also thank Chairwoman Lofgren and the Subcommittee for this
important hearing today and for their leadership on this vital issue.
Immigration is critically important to the CHC and our
constituents across the country. Whether it is the Hispanic small
business owner, the family struggling to stay together while living in
fear, or the individual who dreams of a life in the US only to confront
an unrealistic process fraught with delays--the communities we
represent care about immigration reform.
Our immigration system is broken, and people are suffering.
And as a result, this issue is much more than a ``Hispanic'' or
``immigrant'' issue. This issue has become an American issue.
The fact is our broken immigration system is hurting our
economy, and making our nation less secure.
As such, the CHC stands with willingness and responsibility
to roll up our sleeves and get to work in a bipartisan fashion to make
real headway, for the good of all Americans.
We offer our help, expertise, and commitment to lead on the
immigration issue on behalf of our community and our constituents.
And we believe that the STRIVE Act is the compromise solution
that best fits the immigration problem and the political reality we are
in.
STRIVE is a comprehensive bill that addresses employers and
business' needs, holds employers accountable, protects employees'
rights, and provides for strong border security.
STRIVE addresses the needs of farmers through the Ag Jobs
provision. It sets up an employment verification system to help our
businesses better comply with immigration laws. It benefits families by
giving more children access to education through the DREAM Act.
It also makes our nation safer by increasing enforcement
personnel on the border and increasing penalties for crimes committed
by immigrants.
STRIVE provides a pathway to legalization for qualified,
hard-working immigrants only.
It is critically important to emphasize that this is not
amnesty. Any attempt to brand it as such is empty rhetoric designed to
play politics with our security.
It calls for real penalties and for real sacrifice. In fact,
many of our Members who are supportive of the immigrant community might
personally wish for a different bill.
But, at the end of the day, we feel STRIVE offers our best
chance at real reform.
STRIVE helps families stay together. Many of us only have to
look at the case work in our district offices to know the heartbreaking
realities facing immigrant families who want to play by the rules to
adjust their status, but are facing the unreasonable backlogs and
inefficiencies of our current visa system.
Congress has a responsibility to deal with our broken
immigration system, and we cannot ignore the immigration crisis in
hopes that it will go away or solve itself.
Congress needs to take action, and the STRIVE Act offers the
best solution.
It is time to solve this crisis. I urge the Subcommittee and
the Congress to strongly consider the STRIVE Act as a solution that is
fair and realistic.
It promotes security, helps business, and protects our
nation's proud immigrant history. Thank you.
Ms. Lofgren. Thank you, Congressman Baca.
Congressman LaHood?
TESTIMONY OF THE HONORABLE RAY LAHOOD, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF ILLINOIS
Mr. LaHood. Thank you, Madam Chair.
I want to say a special thanks to Congressman Gutierrez for
announcing that he is running for reelection. I know that he
wants to be back here and have the opportunity to be a key
player in immigration reform.
Luis, I know people in Illinois are thrilled with the fact
that you will be running for reelection.
I want to congratulate Congressman Flake for his leadership
on this issue against real tough odds and a lot of opposition
from people in his own State.
The STRIVE Act, I believe, does strike the right balance
between strengthening borders, increasing penalties for
violators, rewarding those documented guest workers who have
navigated the legal channels to be here, and giving a
conditional path to citizenship to those here illegally.
Some of you know that my grandparents came here from what
is now Lebanon. They came in 1895. They settled in Peoria,
Illinois. They didn't speak one word of English. What they did
is they played by the rules, and they worked hard.
This will give those that are here now that same kind of
opportunity, to play by the rules. We need to create some rules
that will allow people to stay here, because they have either
been brought here by what are known as coyotes, or have come
across the border seeking opportunities.
Frankly, the idea that 12 million to 20 million illegals
will be sent back to the country from which they came is
nonsense. Anyone who proposes that is living in La La Land.
These people are here doing jobs that Americans don't want.
They are working in meatpacking plants that I represent in
Central Illinois. They are working on farms that I represent in
Central Illinois. They are picking fruits and vegetables; they
are doing landscaping work; they are building homes in many of
the States that we represent.
We have to provide some kind of legal opportunity for
people to be able to play by the rules and that opportunity
does not exist today.
Look, this is a comprehensive approach. The idea that you
can throw out these code words, and you think if you say
amnesty loud enough and often enough people are going to
believe you. This is a comprehensive approach and it goes
beyond the code words that people like to use that they think
are going to really influence people's opinions.
But in Congress, we have done things in a comprehensive
way. Bankruptcy--it took 6 years. Welfare reform, 6 years. The
WRDA bill, which is about ready to come out of a conference
report--it has taken us 6 years to do that. Sarbanes-Oxley--it
took us 2 years. The transportation bill that we passed 2 years
ago. The Ag Bill, the farm policy that is being crafted--all in
a comprehensive way, where people come together, they reach a
consensus, they don't try and use threatening language. They
don't try and intimidate other people. They come together to
work together to solve problems. That is what people sent us
here to do.
The STRIVE Act is a good first step to allow us to get to a
comprehensive approach and to send a message to not only
employers but people who are living here, ``We are going to
deal with this problem, we can deal with it.'' And if we set
aside all of the kind of machinations that go on around here
and work together, I believe this can happen. I believe it will
happen. And I think principled people can talk about their
differences and come together, and I hope that we will do that.
Again, I want to thank those who have provided the
leadership and ask those who have differences about how we get
to the end in terms of providing workers to do those jobs and
do it in a comprehensive way, put aside the kind of code words
and threatening language and let us work together to make this
happen.
I thank you, Madam Chair, for the opportunity. I thank you
for holding this hearing. I believe this jumpstarts our
opportunity. Because the Senate hasn't done it has never
stopped us in the House before. It shouldn't stop us now. Let
us move ahead.
[The prepared statement of Mr. LaHood follows:]
Prepared Statement of the Honorable Jeff LaHood, a Representative in
Congress from the State of Illinois
Chairwoman Lofgren, Ranking Member King, members of the
subcommittee, thank you for allowing me to testify in support of an
important piece of legislation, H.R. 1645, the STRIVE Act. While the
national debate on immigration is not at the forefront as it was
earlier this summer, this is still a very significant issue, and I
appreciate the opportunity to speak before the subcommittee.
As you are aware, I am a descendent of Lebanese immigrants. My
grandparents came to this country in search of better opportunities,
and settled happily alongside fellow Lebanese immigrants in Central
Illinois. The fact that I am here, testifying before you today as a
Member of Congress, exemplifies the contributions immigrants are making
to the United States. If this nation is accepting of those who wish to
contribute to society with their skills and knowledge, as it has been
in the past, it is our duty to provide an appropriate and functional
process for the transition and assimilation of immigrants.
I believe we are in agreement about the need to reform our
immigration laws and enforcement procedures. It is clear we must assure
the smooth entry of legal immigrants, better target and enforce
existing visa programs addressing labor shortages, and more effectively
prevent people from entering our country illegally. We have been
strengthened by waves of immigrants throughout our history, and we must
keep the door open and the melting pot working. However, in this era of
terrorism, we must have far better control of our borders, both to
protect ourselves from violence and to protect taxpayers from undue
burdens. We must clarify our immigration policy, laws and procedures,
and fund the resources to effectively and fairly implement it.
I believe this legislation at hand--the STRIVE Act--provides a
realistic and comprehensive approach when dealing with our immigration
system, which is why I support it. This bill strikes a good balance
between tackling border enforcement, making the visa system manageable,
and giving those who have worked hard for a life in the United States
the opportunity to become US Citizens.
First, it is important that we secure our borders and stop the
flood of illegal aliens who come into this country every day. This bill
will help control this issue by alleviating much of the stress which
has currently been placed on our borders. In order to strengthen our
security presence, the STRIVE Act increases the number of border agents
stationed at our borders by over 11,000 agents. It also increases other
border personnel, such as port of entry inspectors, immigration and
customs enforcement investigators, and U.S. Marshals by almost 4,000
officers. The STRIVE Act even requires the development and
implementation of new border surveillance technology such as constant
monitoring by unmanned aerial vehicles. We must remain vigilant in the
war on terror, and that includes keeping a close eye on our own
borders.
Concurrently, this legislation requires the development of a system
for employers to electronically verify the legality of their employees,
to ensure the labor they use is of valid origins and does not come from
illegal aliens using forged documents. The STRIVE Act also strengthens
penalties for employers who knowingly violate this system and hire
illegals as employees. With the enforcement of these laws, employers
will find more incentive to work through the legal channels and it will
be easier to track documented workers in the United States.
While it is recognized that most immigrants come to the United
States with a desire to improve life for themselves and their families,
we cannot ignore the crime generated from some of the illegal aliens
living here. Accordingly, this legislation also increases penalties for
those who illegally enter this country or participate in gang-related
activity. With further increases in penalties for those who refuse to
leave voluntarily or violate the terms of their stays, the STRIVE Act
then authorizes a new immigration court system and new positions for
DHS attorneys.
One key reason I am supporting this bill is for the guest worker
program it establishes. In order to deal with the number of aliens who
seek any means possible into the United States, this bill sets up a
program consisting of 400,000 new temporary guest worker visas. This
will encourage both employers and immigrants to seek a lawful way into
the United States. Farmers, landscapers, and the service industry will
benefit greatly from this aspect of the legislation, as they often have
a difficult time finding Americans who are willing to do the work and
the jobs that immigrants so eagerly and diligently seek. Too many times
I have had constituents in my office, asking for help to reform the
guest worker programs because they cannot find employees from within
the community and therefore rely on foreign workers.
Perhaps most importantly, however, this bill addresses the millions
of immigrants who are currently living and working in this country but
do not have a path to citizenship. Many of the aliens currently here
entered the U.S. legally, but have overstayed their visas or gotten
lost in the application process. These are hard workers who contribute
to the economy and call the United States home. For those who have been
here for several years, they have the option to get in line and apply
for permanent residency. After a rigorous process of paying fines, back
taxes, providing past documentation, and returning home to their
country of origin, many will be considered as candidates for
citizenship. To send all these guest workers and laborers back home
immediately would be devastating to our economy. Finding a good
compromise between awarding citizenship and imposing penalties is
important, and this bill does just that.
I believe this legislation strikes the right balance between
strengthening our borders, increasing the penalties for violators,
rewarding those documented guest workers who have gone through the
legal channels to be here, and requiring those who entered our country
illegally to first return home and wait before being considered for
citizenship. The vast majority of people who come to America do so out
of a desire to improve their lives and are neither criminals nor a
threat to our society. While we are beginning to make progress, more
needs to be done promptly, both to enforce our laws against illegal
immigration and to ensure the smooth entry of legal immigrants and
guest workers. It is my hope that we will continue to work together for
a comprehensive solution to an ever-present issue.
Thank you, Madame Chairwoman, and Ranking Member King for inviting
me to present my testimony on behalf of H.R. 1645. I urge the
subcommittee to support this bill.
Ms. Lofgren. Thank you, Congressman LaHood.
Congressman Bilbray?
TESTIMONY OF THE HONORABLE BRIAN BILBRAY, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF CALIFORNIA
Mr. Bilbray. Thank you very much, Madam Chair. I appreciate
the chance to testify today.
Madam Chair, as you know I grew up in a border community. I
literally was raised in a home that had two houses between us
and the border. I have spent my whole life watching what
happens at the border when people in Washington, meaning well,
make stupid mistakes when it comes to immigration control.
I served as a lifeguard along the border. I would challenge
anyone that I am probably the only Member of Congress that has
rescued illegals when they are drowning, sadly recovered their
bodies when they didn't make it. And, frankly, as a County
Supervisor later, watching them being slaughtered on the
freeways while they did what we call ``Bonsai Charges'' up the
middle of the freeway after the last piece of legislation that
was called ``comprehensive.''
I served as a small mayor along that border, as a County
Supervisor along with you; in fact, a county of 3 million
people. And I now serve as Chairman of the Immigration Caucus.
Let me just tell you, though, we have spent the 1986--since
the 1986 amnesty proposal, when I was a County Supervisor and
saw what happened along the border, we have had more people die
trying to enter this country illegally every year than that was
killed in the Oklahoma City explosion. Every year we have lost
more than that. And that started in 1986 with the concept that
we were going to reward illegal behavior by giving them amnesty
at that time.
And that is why I have been so strong on this. I have seen
the human costs. It is not an abstract to me. I don't live
2,000 or 3,000 miles from the border. I have seen the real life
impact when it comes to what we do here in Washington.
I also want to point out that I am proud that I am a child
of a first generation immigrant: my mother. She was a war bride
that came here in 1944, played by the rules, got her
citizenship as quickly as humanly possible. And believe me,
every time I go home and go upstairs to mom, she is always
there to remind me that she played by the rules and everyone
else should learn by example that this is a Nation of legal
immigrants, Madam Chair, and legal means a lot in a Nation of
laws.
Now, since--you know, the other thing that a lot of people
may not know, let me just say, I probably spend more time in
Latin America than any other Member of Congress. I would be
interested to talk about this. But I see this issue from the
South looking up, and that is why I feel so strongly on it.
The border is not an abstract to me. Immigration is not
something that affects just one little community. It affects
the entire region. And I would just ask you, with this bill,
what do you want to accomplish with it? Do you want to stop
illegal immigration? Because if you want to stop illegal
immigration, Madam Chair, you do not start off the process of
stopping illegal behavior by rewarding it.
And for those who say this is not a reward, I ask you,
under the STRIVE Act, the proposal that you allow somebody who
is illegal in the country to enter the program and go through a
program, are you going to allow everyone in the country, I mean
in the world, who have never broken our immigration laws, to
have the same option?
Actually, the STRIVE Act has an interesting situation with
the touchback. Now, think about the logic of this. Someone
shows up from El Salvador and says, ``I have never broken your
laws, I have never come into your country legally, but I would
like to come in now.'' We say, ``Sorry. We have a process that
you have to do.''
But if someone shows up there from Guatemala who says, ``I
have been in your country illegally for 10 years. Here is my
proof. I have broken your laws.'' You say, ``Fine, you get to
qualify for this program, and only if you can show that you
have broken the law do you qualify for this program.''
Madam Chair, when you give a special program and special
status for someone based on the fact they have violated the
law, like it or not, it is amnesty. And that is what the
American people take it as, no matter how much we talk here.
If it is not amnesty, then offer it to the hundred million
people out there that would love to come to this country
legally. But that is not what is being proposed here today.
Now, there are challenges that we can work on, but rather
than talk about a 600-page document, why don't we talk about a
common ground we can work on. H.R.98 by Silvestre Reyes and
David Dreier talks about--is included in this bill. Let us take
that part and work on those things that we can find common
ground on rather than playing to the extremes. Let us remember
the mainstream of America that says let us make it simple for
people to know who is illegally in this country and let us go
to the source of illegal immigration, and that is illegal
employment, and crack down on the illegal employers.
And I challenge the majority. Here is your chance to crack
down on those people that have been profiteering by the blood,
sweat and I say the deaths of illegal immigrants, crackdown on
the employers. And H.R.98 is the bill supported by the men and
women of the Border Patrol who you and I hire and vest with the
responsibility.
And I would ask that we consider bringing the Border Patrol
agents here, and I would admonish both sides here. This is an
immigration bill. Why don't we bring in the people that would
have to enforce the law? Would we do an education bill without
ever talking to an educator? Would we do a military bill
without every talking to somebody who is a general in the
military? I ask you that we bring in that.
So, Madam Chair, this is not the bill at this place. If you
want to see what happened in the Senate happen again, bring
this to the floor and see what the American people say. But I
appreciate the chance.
But I say again, let us join together, work on H.R.98, and
then we can talk about moving the agenda together.
I yield back.
[The prepared statement of Mr. Bilbray follows:]
Prepared Statement of the Honorable Brian Bilbray, a Representative in
Congress from the State of California
Chairwoman Lofgren, Ranking Member King, members of the
subcommittee, thank you for allowing me to participate in today's
hearing regarding H.R. 1645, the STRIVE Act.
As you may know, I grew up in a border community--just a few
block's away from the intersection of the US/Mexico border and the
Pacific Ocean. My comments today are based on many years of watching
our changing immigration policy from the perspective of: a local kid
growing up along the border, a former small town mayor, the former
Chairman of the Board of County Supervisors in San Diego County, and as
the Chairman of the Immigration Reform Caucus. I also speak today as
the son of a legal immigrant. My mother was a war bride, emigrating
from Australia following World War II. My mother followed the legal
process, applying for a visa and then waited to receive permission to
come to the United States.
Since the beginning of this Congress, the membership of the
Immigration Reform Caucus has increased by more than 20 percent to 111
Members. The IRC is a bipartisan organization with more and more
Members from both parties joining each month. I believe the growth of
our Caucus this year reflects the concern that Members of Congress have
with amnesty proposals advocated by President Bush, the Senate and the
STRIVE Act.
There is no reason why Congress should not take immediate action to
secure our borders, strengthen our immigration laws, implement true
interior enforcement and establish a working employer verification
system. The immigration status quo is intolerable. Not because our
immigration laws are broken, but because they are not vigorously
enforced. Immigration enforcement has failed primarily because
Administrations for 20 years have not enforced sanctions on employers
who hire illegal immigrants. The Administration needs to enforce
employer sanctions systematically, not just sporadically. The
Administration claims we have a de facto amnesty now. That is true and
it is the result of the Administration's own lack of determination to
enforce the law. We do not need amnesty to enforce current law; we need
to enforce the law to eliminate the need for amnesty. The practice of
rewarding illegal behavior and ignoring current immigration laws must
come to an end. No one believes that you can grant an amnesty first and
enforce the law second.
The STRIVE Act and similar plans have failed to gain wide support
from the American people for a very simple reason: Americans do not
believe that we should reward people for breaking our laws. While I
believe there are MANY problems with the STRIVE Act, I will highlight a
few of them.
The STRIVE Act would grant amnesty to nearly all of the 12 to 20
million illegal aliens in the United States via many different routes
not just one amnesty. The bill would grant amnesty to illegal aliens by
giving those here illegally and continuously since June 1, 2006,
``conditional nonimmigrant'' status lasting for six years of work here
in the United States, and would then allow them and their illegal alien
spouses and children to become lawful permanent residents (LPRs).
In order to adjust from illegal to legal status the illegal
immigrant would simply have to pay a fine, undergo a medical exam, pass
a security background check, agree to pay back taxes for any period,
complete English language and U.S. history and civics requirements, and
complete a ``touching back'' (i.e., leaving the United States and being
readmitted at a port of entry properly equipped) before being granted
LPR status (the bill allows for several exceptions). These requirements
are remarkable similar to those required during the 1986 Amnesty.
Despite these requirements, the citizens of the United State will see
this legislation for what it is . . . AMNESTY. Additionally the STRIVE
Act includes the AgJobs bill and DREAM Act with more amnesty
provisions.
While the STRIVE Act does make improvements in the area of border
security such as increased personnel, improved equipment and
infrastructure, I have concerns that it would undermine the sovereignty
of the United States. I am concerned that the bill would require the
State Department and Department of Homeland Security to report annually
to Congress on the progress made toward ``developing and implementing
an immigration security strategy for North America that works toward
the development of a common security perimeter'' for the United States,
Canada, and Mexico. Additionally, the STRIVE Act requires the
establishment of a U.S. Mexico Border Enforcement Review Commission,
which would be charged with making recommendations regarding ``the
protection of human and civil rights of community residents and
migrants along the international border,'' the ``adequacy and
effectiveness of human and civil rights training of enforcement
personnel on . . . the border,'' the effect of border enforcement
efforts on the environment and the quality of life of border
communities, and whether state and local law enforcement should
cooperate in immigration enforcement. Furthermore, many provisions
included in the legislation which seem to bolster enforcement and
border security are already on the books under current laws such as the
US-VISIT program and the building of a longer, more secure fence and
infrastructure. These should already be in place under the Secure Fence
Act of 2006, the Intelligence Reform and Terrorism Prevention Act of
2004 and the Enhanced Border Security and Visa Entry Reform Act of
2002.
The STRIVE Act also concerns me because of the overall costs of a
massive amnesty. While most illegal immigrants are unable to receive
benefits and welfare programs due to their illegal status, once they
have their status adjusted they will be able to receive benefits
exceeding any possible taxes being paid into the system. Outside
organizations such as the Heritage Foundation have estimated the costs
of a massive amnesty on the U.S. taxpayer could be around $30 billion a
fiscal year.
Rather than rewarding lawbreakers and punishing potential
immigrants who are following the law, the Immigration Reform Caucus has
been working with Congressmen Lamar Smith and Peter King on two border
security and immigration initiatives--a comprehensive border security
and immigration reform bill (H.R. 2954, The Secure Borders FIRST ACT)
and a resolution calling for full enforcement of all current
immigration laws (H. Res 499, Resolution calling for the Enforcement of
our Current Laws). These two measures represent a strong `Security
First-No Amnesty' alternative to the Kennedy-Bush Senate Amnesty bill
and the STRIVE ACT. The Secure Borders FIRST (For Integrity, Reform,
Safety and anti-Terrorism) Act of 2007 will mandate operational control
of all our borders and ensure better enforcement of current U.S.
immigration laws. The bill also reforms the H-2A Visa program to allow
for a market-based number of temporary agricultural workers each year.
The legislation does not provide amnesty, or the legalization of aliens
illegally residing in the United States. By reforming the H-2A program
we already have in place, we can better enforce our immigration laws
while ensuring American farmers have the workforce they need.
The resolution calls for the enforcement of all immigration laws
and points out a number of current laws that are not fully enforced.
This includes implementing both the entry and exit portions of the U.S.
VISIT program, enforcing the employer sanctions that were enacted as
part of the Immigration Reform and Control Act of 1986, and increasing
the number of Border Patrol agents, detention beds and immigration
investigators. I believe that these are common sense measures the
Congress should embrace.
In conclusion, I would just like to remind all Members of Congress
that in San Diego and Southern California and in many border regions,
the impact of illegal immigration is very large and growing. Localities
across the country from Hazelton, Pennsylvania to Escondido,
California, in my district, have been attempting to deal with the
problems of illegal immigration on their own due to the failures of the
Congress to address the problem. Effective enforcement of our current
laws is vital to our ability to regain control of our country's borders
and our neighborhoods across the United States. I urge the Committee to
conduct vigorous oversight of the Administration's efforts to enforce
of our immigration laws and to take under consideration the two
thoughtful proposals advanced by Congressmen Smith and King. Thank you
again for inviting me to participate in today's hearing. I look forward
to your questions.
Ms. Lofgren. Thank you.
Thanks to all of you.
I don't know--we are an hour late. And I know that because
all of us have busy schedules, you may, too. So I want to ask
you whether you are able to stay for questions, and if any of
you are unable to, I am sure the Committee will understand.
If not, I will start.
I wonder, Congressman LaHood, if I could start with you,
because you represent a district that is rural and in the
center of the country. You reference the no-match letters. I am
just wondering, if we do nothing, given the new enforcement
efforts and the no-match letters that are going on--and,
actually, the reports we have received from the Border Patrol
is that we have really tightened up on the border and the
number of unauthorized crossings is dropping.
What do you see happening in the economy and in the country
if there isn't some movement on some of these issues?
Mr. LaHood. Well, we know that in the agricultural
community, there is a huge shortage right now, and for those
that are now in the field trying to harvest the crops that they
have produced throughout the spring and summer, that there is
going to be a great deal of difficulty. People are worried
about the kind of talk that goes on here in Washington and
people are concerned about it.
What I have tried to explain to the people back home is
that we have done a lot on enforcement. The previous majority
of which I was a Member, obviously, passed an awful lot of
penalties and tried to address some of the issues having to do
with illegals, employers who brought people here illegally, and
some of the other issues.
But frankly, people in the landscaping business, the
agricultural business the meatpacking business, want us to do
something so they will have the workforce available to them in
a legal way, so they can continue to do the things that they
know how to do so well.
Ms. Lofgren. I would like to ask Congressman Flake, we all
know Arizona is, as you said, sort of ground zero for
undocumented immigration issues, and yet Arizona elected
officials have had a fairly forthright stand on coming up with
comprehensive solutions, yourself, your Senator, Mr. McCain,
your Governor. And I think about the two hotly contested races
where immigration was the major issue and Mr. Mitchell and Ms.
Giffords got elected on the more of the ``We need to have a
comprehensive-type solution.''
So what is unique about Arizona that is allowing, even in
the face of, you know, tremendous challenges that you described
in your testimony, the elected officials to come forward to say
we can come up with a solution?
Mr. Flake. I think in Arizona, because we are on the
frontline, we understand that it needs to be comprehensive. I
think in Arizona we understand that even if you were to seal
the border completely, we would remember that, you know, over
40 percent of those who are here illegally didn't sneak across
it. They came legally and have overstayed.
So it has got to be at the employer level that this is
going to succeed. And I think we understand there, as well,
that you have got to give employers the tools if you want real
enforcement.
And, lastly, as I mentioned, in Arizona probably more than
elsewhere, you know, across the country it is 5 percent of the
workforce is illegal or undocumented, 5 percent, representing
about 7 million people. Nobody that I have heard--I have not
seen one deportation bill introduced by anyone saying let us go
round them up and deport them all tomorrow, and those who say
that we can move forward, we don't need the labor, are counting
on the fact that we simply can't enforce the current law
quickly at all. It will take years to do so.
And so I think in Arizona we recognize that it has got to
be a comprehensive solution that involves certainly more border
security, but also employer enforcement and interior
enforcement, and then a meaningful temporary worker program
that actually gives employers access to legal workers who are
coming.
Ms. Lofgren. Finally, Mr. Baca, I would note at our very
first hearing, in Ellis Island, we had the chief of the Border
Patrol as a witness, and in his testimony he said you will
never secure the border if you don't have comprehensive
immigration reform. That was his testimony to us there.
As Chair of the Hispanic Caucus, I mean, you are not
sharing the border effort, but the caucuses have the same
strong commitment to comprehensive reform.
Can you share with us why this is such a priority for the
Caucus and the people the Caucus represents?
Mr. Baca. Thank you, Madam Chair.
First of all, this bill actually helps immigrants currently
in the United States legally by legalizing the undocumented
immigrants that are more likely to earn wages that are
competitive with today's legal immigrants. Current undocumented
immigrants would have to go back of the line to earn
legalization, so they can't jump the line, so it would help
overall.
And finally, many legal immigrants today, including
Hispanics, are struggling to keep their families together in
the U.S. Parents are being deported while the U.S. citizen
children are left behind and families across the U.S. are being
torn apart and are waiting through years of delay to be
reunited.
STRIVE helps them and family reunification for hardworking,
taxpaying families, including legal immigrants here in the
United States. And many of the individuals that are here come
here for a better way of life. We know that the enforcement is
not the answer, the border is not the answer. Comprehensive is
the answer to many of the individuals that want to be here. And
for anybody to say that they are going to go in front of the
line, no, no one is going to go in front of the line.
We also realize that many of the undocumented have spent
approximately $57 million for Social Security, they continue to
pay taxes any time they go to anyone of our stores and revenues
into our area. They help build our economy.
By allowing a comprehensive immigration legislation, we
allow individuals to become taxpayers and pay into our system
and have the kind of security that we want for our Nation. We
will know who is here legally and who is not here legally. We
will know who our neighbors are and should be here. Our country
would be a lot safer.
Ms. Lofgren. Thank you, Mr. Baca.
I note that my time has expired, and I will try to be
better in the future.
So I turn now to Ranking Member, Mr. King, for his
questions.
Mr. King. Thank you, Madam Chair. I make no such pledge.
No, certainly I appreciate the rhythm that this Committee
has had and there are times when it is important to hear the
balance of the response, and you do so with discretion and I
appreciate that.
I am just going to go back up through a number of the
comments that were made by the witnesses, and maybe I will get
to a question. I am going to point this out, that legalizing
people that are here illegally doesn't guarantee any kind of
security.
Right now we have border crossers who cross when they
choose to do so. Now we would give them under this bill one
more option to cross the border, and that would be now you can
cross it legally, where today you might be crossing it
illegally, multiple times.
I just ask you, if you are smuggling drugs and you happen
to be one who has also met these other qualifications, would
you cross the border more or less if you become regularized as
this bill proposes to do? And I would submit more. It has more
options to cross the border, more options to cross the border
with more contraband.
I have never understood the Administration's position or
the proponents of this bill as to why we would have more
security simply by labeling 12 million to 20 million as now
legal that today are not legal. And the--and I go to Mr.
Flake's statement. Five percent of the workforce and 7 million
people. I agree with those numbers.
But I think to put it in perspective, it works like this,
that those 7 million people are also matched up against the 69
million people that are simply not in the workforce. They are
between the ages of 16 and 74. There are 69 million nonworking
Americans if you add up the unemployed, those on welfare and
those that just simply aren't registered to work. That would be
a working age that we pay unemployment in.
There are 9.3 million nonworking teenagers in America that
would easily replace the numbers of the 7 million working
illegals that are here, and the percentage of work that is
being done that would be 5 percent of the workforce is the
illegal workforce, but they are doing 2.2 percent of the work
because these are low-skilled jobs and we match that up to
their contribution to the GDP.
And so 2.2 percent of the work amounts to about 11 minutes
out of an 8-hour day. You could just shorten your coffee breaks
to pick up the slack.
If you wanted to look at the United States from a macro
view, certainly there are industries that have become so
dependent on illegal labor that they would be in a crisis if
tomorrow everybody woke up in a bed where they were legal to
work in that country.
I pose this question, I think, to Mr. LaHood. We have
something in common, Ray, and that is that our grandparents
came here legally in the United States and abided by the laws
of the United States. And I have something that troubles me
greatly about this, because I was raised in a law-enforcement
family. The Constitution and the Code of Iowa was in our house
many times, a reverence put down by my father, and I followed
his fingers along those lines, a reverence for the rule of law.
And I think that is consistent with the oath we all take.
And I have a real concern about what message this says
about reverence for the rule of law. And I happen to have
interviewed a number of people who live in my district who are
beneficiaries of the 1986 Amnesty Act. And they are invariably
in favor of another amnesty act because it was good for them
and it was good for their family. And their family members also
support an amnesty of one version or another because they
believe that that is the path of success for their family. And
I understand the tone that you bring to this, and I think I
share a lot of that.
But if we grant, and I am going to call it amnesty because
I don't know how else we would define it, but if we waive the
law for 12 million to 20 million people, and they and their
family members and their descendants hear the advocacy for how
good that was for them, what does that do to the essential,
most central pillar of America exceptionalism, which is the
rule of law? How would we ever have a culture in the United
States of respect for the rule of law if a mass of people of
that number were rewarded for breaking the law?
Mr. LaHood. Well, the answer to the question is very
simple, Mr. King. And that is this: We are not going to waive
the rule of law and we are not going to give them amnesty. We
are going to say, number one, you admit you are here illegally.
You pay a fine. You go back to the country from which you came.
You touch back. And at that point, you are admitting that you
are here illegally, you are paying a penalty for doing that and
there is no amnesty. You are pleading guilty to the fact, ``I
am here illegally, I am paying a fine, I am going back, I am
touching back to the country from which I came.''
That is in the STRIVE Act. Those are provisions that, if
this were passed, would be a part of it.
Mr. King. I appreciate that----
Mr. LaHood. I think at that point people do admit that they
are here illegally, and there is no amnesty because they are
paying a fine.
Mr. King. You understand, my definition is to grant a
pardon and reward them with the objective of their crime, and
that is really what it is. And the penalty is a less
consequence than paying a coyote to come into the United
States.
But I would just in turn ask Mr. Flake, how would you
define amnesty?
Mr. LaHood. Well, let me just say this about the fine.
$2,500 is a lot of money. It may not be a lot of money to a
coyote, but it is a lot of money to somebody who is here making
$12 an hour. That is a lot of money, Steve. It is not
insignificant.
It may be to some employer who has got a lot of money, but
it is not to somebody who has to touch back and pay the fine.
Mr. Flake. Let me answer that.
Amnesty in the dictionary, I think Webster's, is ``an
unconditional pardon for a breach of law.'' Now, this is not an
unconditional pardon. And if your definition is that they are
ultimately rewarded with the object of their desire, the other
day I was driving to Home Depot, and I got a ticket. I paid the
fine, but I still got to drive to Home Depot. In the end, I got
the object of my desire. It wasn't very pleasant, but I did.
Mr. King. Don't forget about YouTube.
Mr. Flake. Did I get an amnesty? No. I paid a fine.
And I just--unless you are willing to say we are going to
deport everyone here tomorrow who is here illegally, I don't
know how you draw distinction between de facto amnesty that
that is, and with a process, a laborious process that people
have to go through in this bill.
So that would be my answer. Thank you.
Mr. King. Thanks, Madam Chair.
It is interesting to have Members of Congress as witnesses
here. I appreciate your testimony.
Ms. Lofgren. The gentleman from Illinois, Mr. Gutierrez, is
recognized for his 5 minutes.
Mr. Gutierrez. Thank you. Thank you very much.
I want to thank, again, the gentlelady from California, the
Chairwoman, for conducting this hearing.
I guess I just want to make a few points about what I have
heard from this wonderful, distinguished panel. Number one,
when we heard earlier from my friend from California, Mr.
Bilbray, about Silvestre Reyes, well, Silvestre Reyes now is an
original sponsor of the STRIVE Act, because he feels that that
is the way to do----
Ms. Lofgren. And David Drier isn't, but he has still got--
--
Mr. Gutierrez. I understand that. But Silvestre Reyes is a
cosponsor, an original cosponsor. He came to testify here
before this Committee saying, ``That was my position last year,
this is my position today.''
I would like to also say that in mentioning the question of
the Chairwoman, we did invite the Chief of the Border Patrol to
our first hearing, the first hearing ever on comprehensive
immigration reform under the leadership of Zoe Lofgren, and we
went to Ellis Island and we invited him.
And so the chief of Border Patrol said to us, ``If you want
to stop and control the borders, you need to have a new worker
program.'' This is the chief of Border Patrol, the man who is
in charge of defending our borders each and every day and
supervising thousands of others who do the same kind of work
each and every day.
He said, ``You need to take care of the backlog.'' He said
to us, ``You need to take care of the backlog. The waits are
too long.'' There are some people waiting for their son from
the Philippines, 15, 16, 22 years. It is too long. So people
come.
He also addressed the issue to say to us, listen, it was
only like 3 or 4 percent of the people that he catches that he
finds are engaged in criminal activity. He said the other
millions that he turns away are people that are coming here to
look for work, to be reunified with their family.
That was the chief of Border Patrol. And we said, well, do
we make ourselves safer. Do we make ourselves safer in this
country by approving the STRIVE Act? I think we do because we
have 12 million people, we don't know where they live, we
really don't have their fingerprints. They have all kinds of
identification which really isn't theirs.
Let us legalize their status, and now we know who they are,
because at the current rate, going back to what Congressman
Flake and Congressman LaHood stated earlier, at the current
rate, last year we had an unprecedented deportation from ICE
agents. So they deported 180,000 people last year. That is
unprecedented.
Well, if there are 10 million, or as I suggest 10 million
to 12 million, and up to 20 million, as Mr. Bilbray and others
suggest, it would take us about 80 years at the current rate,
at this unprecedented rate, to get rid of the undocumented
workers. That is with no new ones coming into the country.
So really, we are for safety, because we want to stop new
undocumented--we want to end illegal immigration. We want to
end it once and for all.
And I would just add, the last thing that I thought was
curious, that if we got rid of all of the undocumented today,
it would be easy, because it would just take 11 minutes out of
every other workers time. Well, I guess we are going to start a
new national service program where I and everyone else
contribute to America's economy, where I take out 11 minutes to
go pick grapes and do some butchering somewhere and do
something, and if all of us contribute those 11 minutes--and I
think it is just a misnomer to talk about things that way.
That isn't going to happen. The good thing is, my mom and
dad, as I am sure everybody's parents probably--you know, my
mom and dad didn't finish high school, but I got to go to
college. My kids, one already graduated and the other one--that
is the American tradition.
I am going to be very blunt. Who in this country really
wants their kids to go back into the fields, pesticide-ridden
fields? Who really wants their kids to go do the kind of work
immigrants do each and every day in meatpacking plants in this
country, in hotel rooms, and washing dishes? I am not saying it
is not honorable work. I am not saying it is not good work. But
is that really the American tradition, that we take our
children and say, okay, listen, as part of your national
service you need to go do these jobs. No.
The great American tradition is that we allow people to
come to this country, to do the kind of work at the bottom rung
and work their way up, so that future generations can go on to
become Members of Congress, can go on to become doctors and
lawyers. So that is the great American tradition, much as Mr.
LaHood spoke about his immigrant background from Lebanon and
where his grandson went to.
So I think that is the spirit in which we should deal with
this issue, and I thank the gentlelady and return the balance
of my time.
Ms. Lofgren. The gentleman yields back.
The gentleman from California, my colleague Mr. Gallegly?
Mr. Gallegly. Thank you very much, Madam Chairman.
Ray, I listened with great interest to your testimony.
Clearly, we all understand we are a Nation of laws. We are a
Nation of immigrants. In fact, most people in this room can't
go back more than two or three, maybe four generations at the
most, and find that their roots come from foreign soil.
But I found it interesting that you prefaced your remarks
and you were very proud, or appeared to be very proud, of the
fact that your grandparents, to quote Ray LaHood, ``played by
the rules.''
Now, Ray, the folks you are talking about here today did
not play by the rules. We have millions of people waiting in
line, some 8, 10, 12 years. Our office does more work
processing immigration cases than all the rest of the cases
combined that we do in our district office. We have folks that
play by the rules for many years.
What kind of a message does it send to those that have
waited in line, like your grandparents, and played by the
rules, what message does it send to them? Why should we play by
the rules if someone whose violated the rules long enough, they
get a fine of $2,500 and touch back. Do they have to touch back
for 10 years, 8 years, 6 years? Or for 20 minutes?
What kind of a message does that send, Ray?
Mr. LaHood. Well, Mr. Gallegly, I will say this. The reason
I am supporting the STRIVE Act is that it allows for people to
play by the rules, to create a set of rules that allows people
to admit guilt, illegality, to pay a fine, to go back, to touch
back for whatever period of time. And at that point, there is a
system whereby they can say, ``Hey, I violated the rules, I am
going to pay my fine, I am going to play by the rules now.''
That is what the STRIVE Act does----
Mr. Gallegly. Well, pardon me, Ray, though, that----
Mr. LaHood [continuing]. It gives people an opportunity to
play by the rules. Right now----
Mr. Gallegly. That doesn't answer the question.
Mr. LaHood [continuing]. Part of the answer to the question
is, many of the people, as Congressman Flake said, came here
legally. They have over stayed their time now, and----
Mr. Gallegly [continuing]. And are illegal.
Mr. LaHood. That is exactly right. And we want to give them
an opportunity, because they are contributing to America, to
the fiber of America, to the employment, to the economy of
America.
Look, if you send all these people back, what is it going
to do to America? Part of the American economy is going to
collapse, particularly the agricultural economy, the
meatpacking economy, the service economy, because there aren't
going to be enough Americans to do these jobs.
Mr. Bilbray. Congressman, I think the issue is, what are
the rules? What are the rules that we are setting up?
Mr. Gallegly. Reclaiming my time.
We are a Nation of laws. And clearly you are changing the
rules, but you are changing the rules for people that weren't
playing by the rules, to say that you now can play by the
rules, and it does send a wrong message.
Let me get back to my good friend Jeff from Arizona. Jeff
says we don't--in fact, Luis says it would take 80 years to
remove those that are illegally in the country today through
due process, and we don't even know who they are.
I have a novel concept. Maybe I am out in the woods, and
maybe you can steer me straight, Jeff. We know where there are
over 10 million people in this country. Social Security service
has the name, phone number, and probably shoe size of over 10
million people that are working with an invalid Social Security
number. What would be wrong with sending a letter to that
employer saying, clarify the Social Security number, make sure
it is valid so they are working legally, or you are going to be
responsible for terminating that employee. That employee
doesn't have a job, has no other means of support.
Most of these folks didn't come to the country illegally
because of our beaches. They came because of economic
opportunity. Just like we have tens of millions waiting in line
right now to come to this country legally for those
opportunities.
Explain to me what would be wrong with that concept of
enforcing the law or, perhaps, give us your definition of the
rule of law.
Mr. Flake. Well, that, to a certain extent, is being done
right now. And part of the issue is employers now only have a
couple of programs to rely on. One is Basic Pilot. Basic Pilot
does a decent job of telling the employer if a Social Security
number is valid, but it can't tell the employer with great
accuracy if it is being used 500 times. And so the employer has
to wait for the Federal Government to go back and forth.
And as Congressman Gutierrez said, right now, given the
resources we have out there, it would take years and years and
years--maybe not 60 years. Maybe we double it or maybe 40
years. What is acceptable? And why is that any less of an
amnesty for those who are here illegally now than a process by
which they have to come forward, pay a fine, register in the
program, go to the back of the line, go back to their home
country, register, have 6 years of work and then qualify for a
green card? I just don't see----
Mr. Gallegly. Thank you very much, Madam Chairman.
Don't quite put me to the maybe list yet.
I yield back.
Ms. Lofgren. The gentleman yields back.
The gentlelady from Texas, Ms. Jackson Lee, is recognized
for 5 minutes.
Ms. Jackson Lee. I thank the gentlelady as well, and I
thank her for moving forward.
I agree with Congressman LaHood, that I believe the
American people want this body to address this question.
I was home in the district, and I can assure you that this
whole question of immigration has not left the minds of the
American people, and there are goodwill people on both sides of
the aisles looking for a solution.
And so I am delighted to be a cosponsor of the STRIVE Act.
I look forward to this Committee moving on a hearing on the
Save America Comprehensive Immigration Reform Bill, because I
think it is important that we say to the American people that
we are doing a thorough study.
And I thank Congressman Gutierrez for his persistence, and
I likewise add my real appreciation for his additional
commitment to this body for another 2 years. We are going to
get this done.
I am holding a Constitution in my hands, and I know that
the next questioner will probably use it in a different way. We
are a country of laws. But we have been a country of
immigrants. In fact, I think it is important that we take our
history much further than the 20th century and the 21st
century, for it was immigrants who came to this country who
found or sought a better way, oppressed from political
oppression, religious oppression.
I am not sure whether they were legal or not. I don't know
what kind of structure was here to give them their
documentation, but they did come. And when they wrote the
Constitution, there were a number of important comments. One of
them is, ``The sacred rights of mankind are not to be hidden.
They are written as with a sunbeam in the whole volume of human
nature.''
So I think what we have is a moral question as well. How do
we address individuals who have come to this country,
undocumented, but for an economic opportunity. And unlike other
countries, where we bring people in as indentured servants and
otherwise, and so it is an individual man or an individual
woman, we have families here. I mean, that is the value system
of America. We don't necessarily bring the man in or the woman
in to bring a domestic and then tell them that there is no
family part that can come in, that they can't access, if you
will, their family members.
Might I also say that some of the undocumented persons are
overstays. Some of them are family members who have been
begging for years to be reunited with their family.
So I think we have to look at this question as a potpourri.
Haitians, Africans, Indians from India, Pakistani, individuals
in addition to those who come from the southern border.
So I want to lay this groundwork and just ask one question.
I don't think we can do a piecemeal response to immigration.
That is what we have been doing. And so that is why we have
raids on labor sites. And one day there is going to be a
violent act. It is going to be violent because the ICE officers
have their right to do their job. They are enforcing the law.
But there are people who are frightened and may be put in a
situation untoward, or the employer may be put in a situation
that results in a violent action. Is that what we are trying to
promote?
And then now we are talking about the employer
verification. I don't think we should be unsympathetic to small
restaurants across America who are literally falling apart
because they want to do right, they want to abide by the law,
but you will close them down. You will close janitorial
services down. You will close hotels down. You certainly have
already begun to impinge upon the agricultural industry. You
will close contractors down.
And I am committed to full employment for America. I don't
think we should put immigration reform in place without saying
to America, every American that wants to work, you have the
first choice of employment. That is the key.
And I certainly don't want to be castigated as some have
done for some of us, Congressman Baca, who believe in
comprehensive immigration reform, that we are supporting
criminals. The crime in New Jersey was horrific and we stand
against it. And it is a shame that a convicted or a charged
predator was not already incarcerated. I dare anyone to suggest
to me that we affirm that. We mourn for those whose lives were
lost.
But my question to you, Congressman Baca, is how do we
bridge this divisiveness? This is not the civil rights question
of the 1960s. It was a different historical basis. But this is
the human rights question of the 21st century. And the same
divisiveness that was used to pit one America against another
America in the race question of the 1960s and 1950s is now
being used to divide those of us who want to join together, who
want to work, with Anglos and Hispanics, African Americans,
Asians and others. It is a divisive effort.
Could you share with me how we can bridge that, making sure
every American works, making sure criminals are incarcerated,
and have us not be charged with supporting that when we talk
about comprehensive immigration reform?
Mr. Baca. Thank you very much for the question.
First of all, Hispanics are very patriotic to this country.
They are willing to serve this country, willing to fight for
this country, willing to die for this country, and there is no
way in the world that you can take 12 million people or above
out of this country.
People want a better way of life. They want to live in
harmony, like other individuals who have come here, because if
we really assess who are the true Americans, Native Americans
are the true Americans who are here. The rest of us are all
immigrants.
We have a responsibility to live with our neighbors, an
opportunity to give these individuals who come to this country
and want a better way of life the same opportunities that
others have had. If we truly are Christians, we truly believe
in Christianity, we would allow individuals who want to come
here whether it is for employment, education or family
unification, and we want it for national security.
It is important. When people said, wait a minute, this will
be national security, we will know who is here legally and who
is not legal and who has committed a crime. People want to
comply with the law. They will not be breaking the laws. They
will be given an opportunity to comply with those laws.
And it is important that we bridge that gap, that we don't
have hatred amongst one another, and what we will end up doing,
if we don't do anything, we will ultimately get into profiling
of individuals, whether you carry a document that says if you
are brown or you are Black or you are a different kind of
color, you may have to show ID while somebody else will not.
It is important that we work together. I think the STRIVE
Act goes in that direction and we have that opportunity, and we
have all got to come together. And it is the responsibility of
Congress to come up with legislation. That is why laws were
made.
When you talked about the Constitution, those were laws
that were created. Those weren't laws that were there before.
It allowed them. We have the same responsibility to create laws
now, and we need to in addressing this issue.
Ms. Jackson Lee. Thank you.
Ms. Lofgren. The gentlelady's time has expired.
Ms. Jackson Lee. I thank you. Yield back.
Ms. Lofgren. And all time has expired.
I would like to thank these four Members of Congress for
taking time out of days that I know are hectic and sharing
their expertise and their thoughts with us.
I know that we will continue to discuss these items and I
just feel enormously blessed that you have given us this time
this afternoon.
Mr. Bilbray. Madam Chair, I appreciate the chance for us
all to participate, and I would just encourage everyone here
to, as we discuss this and it goes down, I just realize how few
of us participate in things like parliamentary meetings with
Mexico and the Latin American countries. And I encourage
everyone to spend more time, talk to the people down there and
see it from their perception. It really is eye opening.
Ms. Lofgren. Mr. King and I just came back from Mexico and
Mr. Berman, also.
Thank you very much.
We will now ask our next panel to come forward.
As we have our next panel coming forward, I know that one
of our witnesses has already told us that she has a plane to
catch at 4:00 and is going to have to leave at that time, that
is Cassandra Butts, who we have known for so many years when
she worked here on the Hill.
So I just wanted to announce that in advance. When the
magic hour comes, Cassandra is heading for the airport.
I am going to begin the introduction of our witnesses, and
thank you again for taking time to be with us here today.
People don't realize when they watch these hearings that these
are individuals who, really, out of the goodness of their heart
have come here to share their information, their experiences,
to inform the Congress, and it is a great donation to your
Government, and we appreciate it a great deal.
Seated first on the panel we have Tony Wasilewski, a small
business owner from suburban Chicago. Raised on his family's
farm in Poland, Mr. Wasilewski fled Poland's Communist regime
in 1989. He married his wife, Janina, here in the United States
in 1993, and they are proud parents of their six-year-old son,
Brian. The family has made their home in Schiller Park, IL,
where they own a janitorial contracting business. After Janina
was deported earlier this year, Mr. Wasilewski became active
with several immigrant advocacy organizations. Later this
month, on September 18 to be precise, Mr. Wasilewski will take
the oath of allegiance and officially become a United States
citizen.
Next we are pleased to have Eduardo Gonzalez join us.
Serving his fourth year in the U.S. Navy as a helicopter
mechanic, born in Mexico in 1983, Mr. Gonzalez came to the
United States as a child with his mother and two brothers.
After participating in ROTC and graduating from high school in
2001, Mr. Gonzalez earned an associatess degree in occupational
studies. The proud father of 22-month-old Eduardo, Jr., Mr.
Gonzalez became a U.S. citizen on July 21, 2005. He has
completed two tours of duty in the Middle East and is in
preparation for his third deployment. On behalf of Congress and
the American people, Mr. Gonzalez, we owe you and your family
our most genuine gratitude for your service.
I am pleased next to introduce the Reverend Luis Cortes,
Jr., the president and CEO of Esperanza USA. In addition to his
work with Esperanza, Reverend Cortes serves on the board of the
Federal Home Loan Bank in Pittsburg and was appointed to the
Pennsylvania Minority Business Authority in Philadelphia, a
workforce investment board. He is one of the founders of the
United Bank, Pennsylvania's first African American-owned
commercial bank. Raised in Spanish Harlem, Reverend Cortes
graduated with honors from City College in New York with a
master's of Divinity from Union Theology Seminary and with a
master's degree from New Hampshire College.
It is my pleasure to next introduce Joshua Hoyt, director
of the Illinois Coalition for Immigrant & Refugee Rights. Mr.
Hoyt has worked for nearly 30 years as a social justice
advocate in both the United States and abroad. Before assuming
the directorship of the Coalition in 2002, Mr. Hoyt served for
4 years as the Executive Director of the Organization of the
Northeast in Chicago, as President of Illinois' largest
consumer organization--the Citizen's Utility Board, and as
Associate Director of the United Power for Action and Justice
in Chicago. Mr. Hoyt is a graduate of the University of
Illinois and the Central University of Barcelona in Spain.
I would also like to extend our welcome to Cassandra Q.
Butts, the senior vice president for domestic policy at the
Center for American Progress, or CAP. Prior to her work at CAP,
Ms. Butts served as senior adviser to former Democratic leader
and presidential candidate Richard Gephardt and as an adviser
to Senator Barack Obama. She has practiced law as an assistant
counsel for the NAACP's Legal Defense and Education Fund and
she served as an international observer during Zimbabwe's 2000
parliamentary elections. She earned her bachelor's degree from
the University of North Carolina at Chapel Hill and her law
degree from Harvard University.
It is my pleasure next to introduce Michael Barrera, the
president and CEO of the United States Hispanic Chamber of
Commerce. Due to a last minute scheduling conflict, Mr. Barrera
will be reading the testimony prepared by his colleague David
Lizarraga, the chairman of the board of directors at the
Hispanic Chamber. Prior to his selection as president, Mr.
Barrera was appointed by President Bush in 2001 to serve as the
National Ombudsman for the United States Small Business
Administration. A native of Kansas City, Missouri, Mr. Barrera
earned his bachelor's degree from Kansas State University and
his law degree from the University of Texas. He co-founded two
law firms in Kansas City and served as an assistant prosecutor
in Jackson County, Missouri.
Finally, I would like to welcome the minority's two
witnesses, the first of whom is Julie Kirchner, the Drector of
Government Relations at FAIR, the Federation for American
Immigration Reform. Prior to joining FAIR, Ms. Kirchner worked
as counsel at the Minnesota House of Representatives while she
staffed the Judiciary and Civil Law Committees. In addition to
her legislative experience, Ms. Kirchner has worked both as a
private litigator and a criminal prosecutor. She earned her
bachelor's degree from Yale University and her law degree with
high distinction from the University of Iowa College of Law.
And finally, I am pleased to welcome Corey Stewart, the
chairman at-large for the Prince William County Board of
Supervisors in Virginia. Chairman Stewart was elected in 2006
after serving for 3 years on the Board as the District
Supervisor from Occoquan. He earned his B.S. from Georgetown
University School of Foreign Service and his law degree with
honors from William Mitchell College of Law. He also practices
law as an international trade attorney with the Washington firm
of Foley and Lardner.
Now, each of your statements will be made part of our
record in their entirety, so we would ask that you testify,
summarize if necessary, for 5 minutes.
We have these little machines on the table. When the light
turns yellow, it means you have got 1 minute left. I know, it
always seems faster than possible. And when the red light goes
on, it means you have actually used up your 5 minutes and we
would ask you to please summarize and conclude, because we have
a lot of witnesses and we want to hear from all of you.
So that is how we will proceed, and we will start with Mr.
Wasilewski, and I hope I am not mispronouncing your name too
severely.
TESTIMONY OF TONY WASILEWSKI, SMALL BUSINESS OWNER, SCHILLER
PARK, IL
Mr. Wasilewski. Thank you. Yes, that is correct.
Hello. My name is Tony Wasilewski. I am an immigrant from
Poland, a long-time resident of the Chicago area, and in
another 2 weeks, a proud citizen of the United States. I am
also a husband and father.
I have been married to my wife Janina for 14 years and
never had been separated from her. However, since June 8 of
this year, I am living by myself because my wife was deported
to Poland.
Janina came to the United States in 1989. Fleeing communist
Poland, she immediately applied for political asylum. In 1993,
September 25, we got married. Later that year, she lost her
asylum case and received an order for deportation instead.
In 1995, during an immigration court hearing, Janina was
ordered to voluntarily depart the United States. However, she
did not understand what happened at the hearing. There was no
one there to translate the proceedings and the judge never
addressed her directly or explained to her the consequence of
not going through with the voluntary departure.
Not knowing what happened or was going to happen, we
decided that Janina would stay with me. I was starting the
process of getting my green card through work sponsorship, and
hoped that Janina could get hers with me. Another reason why
Janina did not leave the United States was that she was
undergoing fertility treatment.
Here, in the United States, my wife received adequate care,
which would not have been available to her in Poland at that
time. During this time we suffered three miscarriages. Finally,
6 years ago, our son Brian was born.
We tried to get Janina's case reopened and reviewed. In
2005, the Seventh Circuit Court of Appeals ruled that it was
unable to review her case under a law passed in 1996.
Meanwhile, we became an example of a model immigrant
family. We learned English, bought a house in suburban Chicago,
and started our own business. We were living the American
dream.
On March 8 of this year, the dream turned into a nightmare
when Janina received her final order of deportation. She was to
report to the immigration office ready for deportation.
We were able to postpone the deportation in hopes of
finding a solution for this difficult situation. Janina was
able to stay and see our son's kindergarten graduation, June 5,
just 2 or 3 days before her deportation on June 8. But despite
huge support from the community, our church, and local
officials, we were not able to keep Janina in the United Sates
for good.
After 18 years in the United States, we have nothing in
Poland. Janina had nothing to go back to and I would have
nothing there, either.
We decided that Brian, our son, would go with his mom to
Poland, because a small child needs his mother. I stayed to
wait for my citizenship interview, take care of our house, and
run our business, which is the only source of my family income.
This was the hardest decision of my life. I had to see my
family go without me, and to let Brian think that he was just
going on a vacation.
We don't know what the future holds for us, and
particularly for the child that Janina and I wanted with so
much love for so many years.
I feel like my life was destroyed. I am the father. I am
the husband. Now, I feel lost. My only chance to get them back
is to get a waiver for Janina; otherwise, she is barred from
returning to the United States for 10 years.
Our community and local officials have already offered
their help with the complicated process of applying for this
waiver. Will that support help? Will my pain be enough hardship
for immigration officers to grant Janina a waiver? I can pray
for it.
I hope this hearing and my testimony will help all the
separated families so they can be united again. I also hope
that my testimony will move you, Members of this Committee, to
fix our immigration laws so that no more families need to be
torn apart.
Thank you.
[The prepared statement of Mr. Wasilewski follows:]
Prepared Statement of Tony Wasilewski
My name is Tony Wasilewski. I am an immigrant from Poland, a long-
time resident of the Chicago area, and in another two weeks, a proud
citizen of the United States.
I am also a husband and father. Unfortunately, my family is one of
the many families who suffer due to irrational immigration law in our
country.
I have been married to my wife Janina for 14 years and never had
been separated from her. However, since June 8 of this year, I am
living by myself because my wife was deported to Poland. Despite my
legal status and the support of our community, I was not able to stop
her deportation.
Janina came to the United States in 1989 fleeing communist Poland.
She immediately applied for political asylum. In 1993, we got married.
Later that year, she lost her asylum case and received an order for
deportation instead.
In 1995, during an immigration court hearing, Janina was ordered to
``voluntarily depart'' the United States. However, she did not
understand what happened at the hearing. There was no one there to
translate the proceedings. And the judge never addressed her directly
or explained to her the consequence of not going through with the
voluntary departure.
Not knowing what happened or was going to happen, we decided that
Janina would stay with me. I was starting the process of getting my
green card through work sponsorship, and hoped that Janina could get
hers with me. Another reason why Janina did not leave the United States
was that she was undergoing fertility treatment. Here, in the United
States, my wife received adequate care, which would not have been
available to her in Poland at that time. During this time we suffered
three miscarriages. Finally, six years ago, our son Brian was born.
We tried to get Janina's case reopened and reviewed. In 2005, the
Seventh Circuit Court of Appeals ruled that it was unable to review her
case under a law passed in 1996.
Meanwhile, we became an example of a model immigrant family. We
learned English, bought a house in suburban Chicago, and started our
own business. We were living the American dream.
On March 8 of this year, the dream turned into a nightmare when
Janina received her final order of deportation. She was to report to
the immigration office ready for deportation. She could bring a maximum
of 44 pounds of baggage with her. At that moment, we learned that after
18 years of living the American dream, her life in this country would
be reduced to 44 pounds.
We were able to postpone the deportation in hope finding a solution
for this difficult situation. Janina was able to stay and see our son's
kindergarten graduation, just two days before her deportation. But
despite huge support from the community, our church, and local
officials, we were not able to keep Janina in the United Sates for
good.
Immigration officials said she broke the law. But my wife has never
done anything wrong in here; she has no criminal record, not even a
parking ticket. And it was because Janina tried to follow the legal
procedures for staying in the US by applying for political asylum, she
exposed herself to the immigration system and was deported.
After 18 years in the United States, we have nothing in Poland.
Janina had nothing to go back to. And I would have nothing there,
either.
We decided that Brain would go with his mom to Poland, because a
small child needs his mother. I stayed to wait for my citizenship
interview, take care of our house, and run our business, which is the
only source of my family income.
This was the hardest decision of my life. I had to see my family go
without me, and to let Brian think that he was just going on a
vacation. We don't know what the future holds for us, and particularly
for the child that Janina and I wanted with so much love for so many
years. Will Brian lose his country, his friends, and his school? Will
he have to grow up to become a teenager in a country that is not his
own, without his father by his side? Will I have to continue to
struggle to travel back and forth in hopes of keeping my family united?
This outcome has been devastating to Brian.
I feel like my life was destroyed.
I am the father. I am the husband. Now, I feel lost.
My only chance to get them back is to get a waiver for Janina;
otherwise, she is barred from returning to the United States for ten
years. Our community and local officials have already offered their
help with the complicated process of applying for this waiver. Will
that support help? Will my pain be enough ``hardship'' for immigration
officers to grant Janina a waiver? We can only pray for that.
I feel obligated not only to share my story but also to be a voice
of countless broken families who suffer due to our irrational
immigration laws. I wonder whether our country any safer or any better
now that Janina is gone. What good has been done from my family being
broken up?
I hope this hearing and my testimony will help all the separated
families so they can be united again. I also hope that my testimony
will move you, members of this committee, to fix our immigration laws
so that no more families need to be torn apart. Thank you.
Ms. Lofgren. Thank you very much for sharing that story.
Mr. Gonzalez?
TESTIMONY OF PETTY OFFICER SECOND CLASS
EDUARDO GONZALEZ, U.S. NAVY, JACKSONVILLE, FL
Mr. Gonzalez. Chairwoman Lofgren, Ranking Member King,
Members of the Committee, special guests, good afternoon. My
name is Eduardo Gonzalez. I am enlisted in the United States
Navy. My rank is Petty Officer Second Class.
I enlisted in the Navy in 2003. I graduated high school in
2001 and then continued my education by earning my Associate's
degree in occupational studies. I had many choices, but after
September 11, I decided to make this a better country for my
family.
Since my enlistment I have been deployed two times; the
first, on June 7th, 2004, on board the USS John F. Kennedy in
support of Operation Enduring Freedom. The second time was on
November 28, 2005, when I was deployed to Camp Beuhring, Kuwait
in support of Operation Iraqi Freedom.
I am now preparing for my third deployment to begin this
November on board the USS Harry Truman for a tour of the Gulf
region.
I am proud of the service that I provide to my country. I
enjoy every second of it. In fact, I plan to reenlist.
I met my wife, Mildred Gonzalez, in November 2001. On May
28, 2004, we decided to get married. Mildred's mother had come
to the United States----
Ms. Lofgren. Mr. Gonzalez, just take a minute. We are not
going to rush you. Just take a minute. Take a deep breath.
Mr. Gonzalez. Mildred's mother had come to the United
States from Guatemala in 1989, without documents, when Mildred
was only 5 years old. Mildred's mother applied for asylum/
NACARA in September of 2000 and included Mildred on her
application.
Her mother was eventually granted legal status in July
2004. Because Mildred was included on her mother's application,
Mildred also should have been granted lawful status in July of
2004. However we were unaware of the repercussions of our
decision to get married 6 weeks earlier. Our marriage cancelled
out Mildred's ability to obtain status through her mother,
because she was no longer an unmarried daughter under 21 years
old.
At the time we got married, we did not know that Mildred
and her mother would have an appointment with an immigration
official in July of 2004. After all, they had been waiting for
4 years.
Mildred attended the immigration appointment, with her
mother and brother, and Mildred was denied her request to
obtain legal status, solely due to her change in marital
status. At the time of her immigration interview, I was
deployed and only being able to communicate once in a while. I
found out that she was disapproved.
Mildred's case was then sent to an immigration court for
removal proceedings and her first court appearance was on
September 16, 2004. The judge was generous because of our
situation and decided to reset her court date to June 14, 2007.
We were all hoping for immigration reform by that time,
hoping that the law would change. However, that did not happen
and on June 14, 2007, Mildred and I appeared in court, fully
expecting that Mildred was going to have to leave the United
Stated within 120 days.
I was in uniform and the judge, knowing that I was about to
deploy and knowing that we have a 22-month old son, gave
Mildred a 12-month extension. We recognize that Mildred has
been fortunate to get these extensions. However, these
extensions do not solve our problem, they only prolong them.
On June 8, 2008, if Mildred's legal status does not change,
she will have 60 days to voluntarily depart the United States,
or she will be deported.
Since she has not been to Guatemala since she was 5 years
old, she is not familiar with the culture, language, or
society. She has no family there, and I feel that this would be
very difficult for us and perhaps even dangerous for her.
Mildred has spent 18 years of her life in this country, and
to us and our child, the United States is her home.
Our son, Eduardo Gonzalez, Jr., was born on December 9,
2005, 2 weeks after I was deployed to Kuwait on my second tour.
Missing my first-born child's birth, was a sacrifice in itself.
Yet, I had to perform my duties as a member of a team of
mechanics that I am a part of.
I am about to go on deployment once again, and knowing that
my wife might not be here when I return, or where my son might
end up if I don't return before her court date. Sometimes I
find it difficult to concentrate on my duties, but as a citizen
of the United States of America, sometimes it makes me wonder.
If I can die for my country, why can't I just be with my
family?
Every time I go somewhere, my wife worries about me not
coming home one day, but now she also has to worry about
leaving home, a country where she feels safe.
I want to serve my country 100 percent, but with these
issues in the back of my mind, I feel I can't do that.
I am not asking for anything, I am just bringing these
issue to your attention. As you may already know, my family is
not the only one going through this situation. Many will not
come forward and speak about it because they fear that they
will have to pay the consequences.
Mildred and I also worry that this might have a negative
impact on us, but given this opportunity, we feel that if we
tell our story we might be helping out others in this
situation.
I come before you not only as a United States Navy sailor,
but as a husband, a father and an American citizen. I am hoping
that my testimony helps and something positive comes out of it.
Thank you very much.
[The prepared statement of Mr. Gonzalez follows:]
Prepared Statement of Eduardo Gonzalez
Chairwoman Lofgren, Ranking Member King, Members of the Committee,
Special Guests: Good afternoon. My name is Eduardo Gonzalez. I am
enlisted in the United States Navy and my rank is Petty Officer Second
Class Air warfare. I enlisted in the Navy in 2003. I graduated high
school in 2001, and then continued my education by earning my
Associate's degree in occupational studies. I had many choices, but
after September 11, 2001, I decided to make this a better country for
my family. Since my enlistment, I have been deployed 2 times: first on
June 7th, 2004 on board the U.S.S. John F. Kennedy, in support of
Operation Enduring Freedom. The second time was on November 28, 2005,
when I was deployed to Camp Beuhring Kuwait in support of Operation
Iraqi Freedom. I am now preparing for my third deployment, to begin
this November on board the U.S.S. Harry S. Truman for a tour of the
Gulf region. I am proud of my service to this country and have enjoyed
every second of my four-year enlistment. In fact, I plan to re-enlist
when my current commitment is up.
I met my wife, Mildred Gonzalez, in November 2001. On May 28, 2004,
we decided to get married. Mildred's mother had come to the United
States from Guatemala in 1989, without documents, when Mildred was only
5 years old. Mildred's mother applied for asylum/NACARA in September of
2000 and included Mildred on her application. Her mother was eventually
granted legal status in July 2004. Because Mildred was included on her
mother's application, Mildred also should have been granted lawful
status in July of 2004. However we were unaware of the repercussions of
our decision to get married six weeks earlier--our marriage cancelled
out Mildred's ability to obtain status through her mother because she
was no longer an unmarried daughter under 21 years old. At the time we
got married, we did not know that Mildred and her mother would have an
appointment with immigration in July of 2004. After all, they had
already been waiting for 4 years for an appointment at that time.
Mildred attended the immigration appointment, with her mother and
brother. Mildred's was denied her request to obtain legal status,
solely due to her change in marital status. At the time of her
immigration interview, I was deployed and only being able to
communicate once in a while, I found out that she didn't get approved.
Mildred's case was then sent to an immigration court for removal
proceedings and her first court appearance was on September 16, 2004.
The judge was generous because of our situation and decided to reset
her court date to June 14, 2007. We were all hoping for immigration
reform by that time, hoping that the law would change. However, that
did not happen and on June 14, 2007, Mildred and I appeared in court
fully expecting that Mildred was going to have to leave the United
Stated within 120 days, maximum. I was in uniform and the judge,
knowing that I was about to deploy and knowing that we have a 20-month-
old son, gave Mildred a 12-month extension. We recognize that Mildred
has been fortunate to get extensions. These extensions do not solve our
problem, but only prolong it. On June 8, 2008, if Mildred's legal
status does not change she will have 60 days to voluntarily depart the
United States or she will be deported.
Since she has not been to Guatemala since she was 5 years old, she
is not familiar with the culture, language or society. She has no
family there and I feel this would be very difficult for us and perhaps
even dangerous for Mildred. Mildred has spent 18 years of her life in
this country, and to us and our child, the United States is her home.
Our son Eduardo Gonzalez, was born on December 9th, 2005, two weeks
after I was deployed to Kuwait on my second tour. Missing my first-born
child's birth, was a sacrifice in itself. Yet, I had to perform my
duties as a member of a team of helicopter mechanics. We are in charge
of maintaining and repairing a squadron of eight helicopters, whose
mission is to transport personnel, cargo, and injured people. I
consider my job very crucial in maintaining the Navy's mission
readiness and I readily made the sacrifice.
I am about to go on deployment once again, knowing that my wife
might not be here when I return, or where my son might end up if
Mildred has to leave before I return. Sometimes I find it difficult to
concentrate on my duties. As a citizen of the United States of America,
it makes me wonder ``If I can die for my country, then why am I not
allowed to just be with my family?'' Every time I go somewhere with my
squadron, my wife worries about me not coming home one day, but now she
also has to worry about leaving a home, a country, where she feels
safe.
I want to serve my country one hundred percent. But with this issue
in the back of my mind, I feel I can't do that. I am not asking for
anything, I am just bringing this issue to your attention. As you may
already know, my family is not the only one going through the same
situation. Many will not come forward and speak about it because they
fear they might have to pay the consequences. Mildred and I also worry
that this might have a negative impact on us, but given this
opportunity, we feel that if we tell our story we might be helping out
others in same situation. I come before you not only as a United States
Navy sailor, but as a husband, a father and an American citizen. I am
hoping that my testimony helps, and something positive will come out of
this. Thank you.
Ms. Lofgren. Reverend Cortes?
TESTIMONY OF REVEREND LUIS CORTES, JR.,
PRESIDENT, ESPERANZA USA
Mr. Cortes. Thank you, Madam Chair, Mr. King and Members of
the Subcommittee for the opportunity to appear before you
today.
Since immigration legislation failed in the Senate this
summer, hundreds of State and local enforcement initiatives
have been enacted and thousands more are pending.
In these cities and States, a fundamental value of American
jurisprudence, the presumption of innocence, is gone. For
thousands of third, fourth, and even fifth generation American
citizens, their skin color now defines the limit of their
rights.
The color of our skin or the sound of our accent now
provides us the privilege of being detained, harassed, or
accosted in an effort to determine our status. Even I wonder
whether I need to carry my passport.
Criminal elements are now beginning to prey upon innocent,
law-abiding, hardworking members of our community. Many of
them, in fact, are American citizens. American citizens are now
afraid to call the police. American citizens are deciding it is
easier to let certain crimes go, to not get involved as
witnesses, than to fall victim to over-aggressive law
enforcement when they have a family member who is undocumented.
The country needs immigration reform legislation enacted
now more than ever. With the Senate's failure, we look to the
House for leadership. The House needs to show the same
leadership and ability to resolve differences as was
demonstrated 10 years ago when Congress passed comprehensive
welfare reform. The welfare reform debate was heated and full
of conflict and controversy, and yet this Congress and this
country came together and solved one of the biggest domestic
problems facing our country in the mid-Nineties.
I have faith that Congress can rise to this similar
challenge today. The House has an opportunity to show wisdom
and courage and permanently fix our broken immigration system.
Now is the time to lead, to educate constituencies influenced
more by rhetoric than reality. Now is the time for leaders of
both parties to teach their junior members by example.
Faith leaders are called to ground their conduct in
treatment of others in our reading and understanding of
scripture. So too for guidance on immigration policy we turn
first to scripture. Our support for comprehensive immigration
reform comes from the Biblical mandate to advocate on behalf of
the stranger in one's land, a practice that is noted in the Old
Testament.
As in Leviticus 19:33-34, when an alien resides with you in
your land, you shall not repress the alien. The alien who
resides with you shall be with you as the citizen among you.
In Matthew 25:35, which is in the New Testament, Christ
calls on all his followers to treat immigrants with fairness,
justice, and hospitality. ``I was hungry, and you gave me
something to eat. I was thirsty, and you gave me something to
drink. I was a stranger, and you invited me in.''
One of my continuing frustrations is the gross distortion
of the word ``amnesty.'' As Christians, we understand amnesty.
Amnesty is what Christ provided us as forgiveness for our sins
when he paid for our sins with his life. This is true amnesty,
unconditional and without penalty.
The Merriam-Webster Dictionary defines amnesty as a pardon.
A pardon is defined as the excusing of an offense without
penalty.
Amnesty is a free pass and a place in front of the line.
The STRIVE Act, as well as recent Senate bills, are in fact not
amnesty.
I congratulate Congressman Gutierrez and Congressman Flake
for their leadership and hard work that went into writing the
STRIVE Act. I commend you on the rising above political
rhetoric and polarization and working to bring a just solution
to a current crisis. We believe today, as strongly as we did
last year, that for an immigration proposal to permanently fix
our immigration system, it must accomplish four objectives.
First, it must be compassionate, just, and true to our
heritage as a Nation of families built by immigrants and to our
heritage as a welcoming Nation.
Second, it must secure our borders.
Third, it must secure our economy by providing safe, secure
systems to meet current and future workforce requirements.
And, fourth, it must be a permanent, lasting, sustainable
fix, rather than one 20 years from now that will land us right
back where we are today.
We believe the STRIVE Act is a fair, workable, and just
solution to our disastrous immigration system and meets these
four objectives.
In survey after survey, 65 percent of Republicans and 72
percent of Democrats consistently support legal status with a
path to citizenship for illegal immigrants who get in back of
the line and pay penalties, learn English, et cetera.
If the House could find the courage to have the debate, to
educate their junior members and their constituencies, we might
solve our biggest domestic issue of the decade.
Most Americans and most Members of Congress recognize that
the vast majority of the 12 million people who are here
undocumented are good people caught in a bad system, victims of
one of the worst public policy failures of our time.
Forty percent who are currently in this country legally,
4.8 million people, entered legally. They couldn't get through
our system.
We are a Nation of laws; 12 million people live here
illegally and for that there should be penalties. But just as
we are a Nation of laws, we are also a Nation that believes
that the punishment should fit the crime. These are not violent
crimes, these are not violent criminals. Don't take the easy
road and pass pieces of legislation for which there is already
consensus among members. Let us have the debate in a national
discussion and let us take the vote.
In the end, you are either those that work on behalf of the
harassed and the helpless or those that refuse to set the law
of the land that will direct its citizenry and show the moral
fortitude that is so lacking today in our public discourse.
Thank you, Madam Chair, and Members of the Subcommittee.
[The prepared statement of Mr. Cortes follows:]
Prepared Statement of Luis Cortes, Jr.
Thank you, Madam Chair, Mr. King and Members of the Subcommittee,
for the opportunity to appear before you today. I am encouraged by this
hearing and by information gathered in preparation for this hearing
that the House and this Committee may actually move immigration
legislation this fall.
I appear before you today representing Esperanza's national network
of over 10,000 Hispanic congregations, faith and community based
agencies. As the nation's largest Hispanic faith-based organization,
throughout the immigration debate and legislative process, we have
engaged and informed our community, educating and activating our
considerable constituency on the nuances of this most important issue.
Since the President first announced his immigration policy in
January 2004, Esperanza has worked closely with Members of Congress of
both parties, the White House and the Administration to see
comprehensive immigration reform become law. Every year before the
National Hispanic Prayer Breakfast, Esperanza sends hundreds of
Hispanic pastors and church leaders to Capitol Hill to meet with their
Members of Congress. Since 2004, immigration has been a priority topic.
rule of law turned upside down
Since comprehensive immigration reform legislation failed to pass
the Senate this summer, hundreds of state and local enforcement
initiatives have been enacted and thousands more are pending.
In these cities and states, a fundamental value of American
jurisprudence--the presumption of innocence--is gone. Law abiding
residents simply thought to be illegal are being detained. For
thousands of third, fourth and even fifth generation American citizens
their color now defines the limits of their rights. The color of our
skin or the sound of their accent now provides us the privilege of
being detained, harassed or accosted in an effort to determine our
status.
even i wonder whether i need to carry my passport.
Should the House fail as the Senate has failed, you will send our
country back in time, back to the pre-1960's world of ``separate but
equal.'' What of my parents who are a little darker, speak English less
refined and may swallow an occasional vowel or letter? What happens to
those tried and true American citizens that bleed red white and blue
but look a little different and talk a little different--will they be
afforded equal treatment under the law or will the law create a wedge,
an opening that will lead to the mistreatment of those that don't fit
the American ideal of citizenship?
If unchecked, criminal elements will continue to prey on innocent,
law abiding, hardworking residents of our communities, most of them
American citizens, now afraid to call the police. American citizens now
must consider the cost of police involvement for them and their
families and now chose not to subject themselves to exploitation and
abuse. It is easier to let certain crimes go, to not get involved as
witnesses, than to fall victim to over aggressive law enforcement still
learning the ropes of immigration enforcement.
call for leadership
The country needs immigration reform legislation to become law now
more than ever. With Senate failure, we look to the House for
leadership. Our clergy looks to you, Madam Chair, your expertise and
your ability to bring people together. We look to Mr. King to find
areas of consensus, to find common ground and workable solutions.
Our clergy calls on Speaker Pelosi, Judiciary Committee Chairman
Conyers, Ranking Chairman Smith and Minority Leader Boehner to show the
same leadership, commitment and ability to resolve differences as this
Congress demonstrated 10 years ago when Congress passed comprehensive
welfare reform. The welfare reform debate was heated and full of
conflict and controversy. And yet this Congress and this country came
together and solved one of the biggest problems facing our country in
the mid 90's. All except Mr. King were here during the welfare reform
debate. I have faith you can rise to this similar challenge today.
The Senate has made their choice. Now the House has an opportunity
to show wisdom and courage to fix our broken immigration system once
and for all. Now is the time to lead--to educate constituencies
influenced more by rhetoric than reality. Now is the time to do what is
right, to stand up for what is right. Win the arguments and back down
the bullies. Now is the time for leaders of both parties to teach their
junior members by example.
In the book of Matthew we are told that Jesus had compassion for
the people of his day as they were ``harassed and helpless, like sheep
without a shepherd,'' because their leaders abdicated their
responsibility. Those called to set the law of the land and direct the
citizenry did not have the moral fortitude to provide for their people.
The people were worn out and tired. Constantly running up against a
wall with no place to go, they were demoralized and helpless as their
government failed to provide the most basic necessities of life.
Because leaders abdicated their role as leaders, turned their back on
the people of their day, Jesus' response was to heal them and make them
whole.
We stand ready to work with anyone and everyone with the strength
and courage to lead this country toward a compassionate, merciful,
workable solution.
theology & immigration policy
You invited me here today in my role as a religious leader, to
share thoughts and analysis of the STRIVE Act from our perspective as
religious and community leaders. As faith leaders, we are called to
ground our conduct and treatment of others in our reading and
understanding of Scripture. So, too, for guidance on immigration policy
we turn first to Scripture. Our support for comprehensive immigration
reform comes from the biblical mandate to advocate on behalf of the
stranger in one's land, a practice as ancient as the Old Testament.
As written in Leviticus 19:33-34, ``When an alien resides with you
in your land, you shall not oppress the alien. The alien who resides
with you shall be to you as the citizen among you; you shall love the
alien as yourself, for you were aliens in the land of Egypt: I am the
Lord your God.'' In Matthew 25:35, Christ calls on all his followers to
treat immigrants with fairness, justice and hospitality, ``For I was
hungry and you gave me something to eat, I was thirsty and you gave me
something to drink. I was a stranger and you invited me in.''
Our call for Congress to pass comprehensive immigration reform is
our call for Congress to recognize our history as a nation of justice,
mercy, and compassion. These genuinely American principles must not be
abandoned in any new immigration reform.
One of the continuing distortions in this debate is the definition
of ``amnesty.'' I am frustrated that we must continue to deal with
those who choose to distort the real meaning of amnesty.
As Christians we understand amnesty: Amnesty is what Christ
provided for us as forgiveness for our sins when he paid for our sins
with his life. This is true amnesty--unconditional and without penalty.
The Merriam-Webster dictionary defines amnesty as ``the act of an
authority (as a government) by which pardon is granted to a large group
of individuals.'' A pardon is defined as ``the excusing of an offense
without exacting a penalty'' (emphasis added).
For politicians to distort the meaning of amnesty is a travesty.
Those who persist should be ashamed. As religious leaders we call on
the RNC and DNC to deal honestly and righteously with this issue. We
ask the Chairmen of both parties to publicly ask their members to
refrain from seeking political gain on the backs of the powerless and
instead, work toward just solutions.
the strive act
I congratulate Congressman Gutierrez and Congressman Flake for
their leadership, dedication, commitment and all the hard work that
went into developing the STRIVE Act. I commend you on rising above
political rhetoric and polarization and working to bring a just
solution to the current crisis.
Esperanza evaluates all immigration legislation against Esperanza's
Statement of Principles. Esperanza's Principles were released in March,
2006 and still hold true today. They are included as an attachment to
this testimony.
We believe today as strongly as we did last year that for an
immigration proposal to permanently fix our badly broken immigration
system, it must accomplish four objectives: First, it must be
compassionate, just and true to our heritage as a nation of families
built by immigrants, to our heritage as a welcoming nation. Second, it
must secure our borders. Third, it must secure our economy by providing
safe, secure systems to meet current and future workforce requirements.
And, fourth it must be a permanent, lasting, sustainable fix rather
than one that, 20 years from now, will land us right back where we are
today.
We believe the STRIVE Act is a fair, workable and just solution to
our disastrous immigration system. We also believe implementation of
the STRIVE Act would be a permanent fix as it provides workable methods
to secure our borders, to secure our economy with avenues for current
and future workforce requirements. The STRIVE Act also keeps intact our
nation's value on family unification. We would welcome the opportunity
to work with you and your staff to see the STRIVE Act become the law of
the land.
We understand there is consideration being given about moving
immigration legislation in pieces rather than one comprehensive bill.
While our strong preference is to pass a comprehensive bill, we would
also support and work closely towards passage of separate pieces of
legislation. Since the American people understand and support in large
majorities all the basic components of the STRIVE Act (see attachment),
by debating each title separately, it just might be possible to avoid
the rhetoric and distortion that ended with the collapse of the Senate
bill.
Should the decision be made to move legislative pieces rather than
a comprehensive bill, I respectfully encourage you to include in the
debate legislation, such as Title VI of the STRIVE Act, that provides
legal status for the 12 million undocumented who get in the back of the
line pass English and citizenship classes, pay fines and back taxes and
whatever other requirements seem just penalty for entering or remaining
in our country illegally.
Border security alone ignores the plight of 12 million hard
working, law abiding members of our communities. Border security alone
does not address the needs of employers that often find themselves in
moral and legal dilemmas unaddressed by the current direction provided
in our current immigration system. This is the path to fix the problem
we as Americans created with faulty policy, weak enforcement and no
moral courage to make it right.
Don't just take the easy road and pass the pieces for which there
is already consensus among Members. Let's have the debate and a
national discussion. Let's take a vote.
for consideration: essential role for the hispanic faith community
As the STRIVE Act moves forward, I encourage you to include
language on the considerable role the Hispanic faith community can play
implementing the legislation.
In order to be successful, all proposals, regardless of specific
details, will require massive education efforts in Hispanic communities
across the nation to educate folks about the new legislation, to
provide greatly expanded English as a Second Language and citizenship
classes.
The success of all proposals also depends on the willingness of the
undocumented to come forward. Once we reach a just solution, the
Hispanic faith community is prepared to partner with the federal
government to serve as processing centers, the first place where the
undocumented will come forward. All initial processing can take place
at churches, faith and community-based agencies in coordination with
other federal agencies, such as the FBI and Homeland Security, who will
control all steps in processing background checks, employment
verification, etc.
So many undocumented simply will not go to Federal offices. As the
trusted voice and primary social infrastructure, the Hispanic church
can reach deep into the community and serve as safe harbors. We can
work with the federal agencies not just on procedures and processes but
also to ensure that those meeting with our people are culturally and
linguistically sensitive, assuring smooth transitions from shadows and
fear into the daylight of legal status.
the people, once again, ahead of the politicians
The American people understand immigration reform and the available
options. Although public opinion research is all over the map on
immigration reform, one set of questions, repeated by three different
polling companies over an 8 moth period all yielded the same response--
65% of Republicans and 70% of Democrats support proposals that provide
legal status with a path to citizenship for undocumented workers who
pay fines and back taxes, learn English and pass citizenship classes.
A Quinnipiac University poll taken last November 16th-19th found 66
percent of Republicans and 72 percent of Democrats support allowing
illegal immigrants into a guest worker program with a path to
citizenship over a period of several years.
In April, 2007, the bi-partisan polling team of The Tarrance Group
and Lake Research survey found the American people of all parties, of
all demographic groups continue to support proposals that allow illegal
immigrants to come forward, register and receive temporary worker
permits with a multi-year path to citizenship if they get to the back
of the line, learn English, pay taxes, etc.
In June, a Bloomberg/Los Angeles Times poll found a majority of
Americans supported offering undocumented immigrants a path to
citizenship and a program for temporary workers.
business leaders & faith leaders join hands
Immigration reform reaches far beyond Hispanic communities.
American businesses need workers, and current American workforce
projections fall significantly short of future requirements. American
agriculture and landscape industries, building, trades, and
construction, as well as the entire hotel, restaurant, resort, and most
service industries are struggling today to find willing, capable
workers. America's productivity tomorrow will be weakened without
comprehensive immigration reform.
America's free trade policy failed to recognize that the free flow
of labor must accompany the free flow of goods and services. Failure to
adjust our immigration system to meet increasing labor requirements has
created this badly broken system and unjust situation. Ironically, it
is the same free trade conservatives who, failing to understand this
economic reality, call to deport 12 million undocumented workers.
We are joined in our efforts by an impressive cross section of: 1>
business and industry, 2> policy and 3> religious organizations. The US
Chamber of Commerce, the National Restaurant Association, the American
Hotel and Lodging Association, the American Farm Bureaus, the Catholic
Bishops, the American Health Care Association, and the National
Association of Home Builders are a few of the national organizations
working with us in our efforts.
When crafting categories of legal status for the undocumented as
well as for temporary guest worker programs, we must take care not to
create a closed, homogenous society that exploits the low-skilled and
less-educated among us, treating them more as a disposable commodity
than as brothers and sisters. Rather, for their willingness to serve us
by doing jobs we would not want our children to do, they earn the
opportunity to grow and become Americans. This is the American dream--
that the grandchild of today's avocado picker could someday be a member
of Congress of the United States.
crime & punishment
Most Americans--and most members of Congress--recognize that the
vast majority of the 12 million are good people caught in a bad system,
victims of one of the worst public-policy failures of our time. Forty
percent (40%) of those currently in the country illegally--4.8 million
people--entered legally. Millions await review for legal status and are
simply caught up in a bureaucratic nightmare. The legal system views
their ``crime'' as nothing more than a civil infraction, with penalties
less severe than those for a misdemeanor.
Families throughout our community are composed of a patchwork of
immigration status. Around the family dinner table, American citizens
sit with green card applicants, student visas and undocumented workers:
In 6.6 million families either the head of household
or the spouse is undocumented.
3.1 million American children live in families with
one undocumented parent.
64 percent of the children living in undocumented
families were born here and are legal U.S. citizens. (Source:
Pew Hispanic Center)
We are a nation of laws, and 12 million people live here illegally.
For that there should be penalties. But just as we are a nation of
laws, we are also a nation that believes the punishment should fit the
crime.
Entering the country illegally is a federal misdemeanor. Should the
penalty for misdemeanors and civil infractions be ruptured families,
destroyed businesses, and lost homes? Are we prepared for the father
next door, for the mother of our child's best friend, for those who
pray with us in church every Sunday to be deported?
These are not violent crimes. These are not violent criminals.
Their biggest ``crime'' is coming to America looking for available
work. We should not inflict cruel and unusual punishment simply to
rectify the policy failures of the past. At Esperanza, we suggest that
the payment of fines and back taxes, together with background checks,
English fluency and citizenship classes are rational responses to an
emotional and difficult situation--responses that will meet our
national security interests and workforce requirements while
maintaining our
history--as embodied in the Statue of Liberty--as a compassionate
nation. These measures can work if their intention is to truly
integrate our people into society and not to be hurdles created to
intentionally trip individuals into deportation.
As we move forward with this legislation let us recall the words of
Jesus on the question of leadership. You are the leaders of today. You
are called to move this country forward and make the hard moral
choices. The choice on comprehensive immigration reform is morally
right. It is good business and (begins to) creates the security
American needs.
In the end you are either those that work on behalf of the harassed
and helpless or those that to refuse to set the law of the land that
will direct the citizenry and show the moral fortitude that is so
lacking in our public discourse. We commit to work on the higher road
of morally good business and American security with you on behalf of
all Americans. To fashion law that elevates our country and tells the
world how we care for those that embrace our ideals of hard work,
family and country.
Thank you, Madam Chair and Members of the Sub-Committee, for the
opportunity to appear before you today. I look forward to working with
you and your staff in the days and weeks ahead.
ATTACHMENT
Ms. Lofgren. Thank you.
Mr. Hoyt?
TESTIMONY OF JOSHUA HOYT, EXECUTIVE DIRECTOR, ILLINOIS
COALITION FOR IMMIGRANT AND REFUGEE RIGHTS
Mr. Hoyt. Good afternoon. My name is Joshua Hoyt.
As I begin my testimony on this polarized issue of
immigration, I would like to quote the great statesman from the
beautiful state of Illinois, Everett Dirksen, a Senate
Republican who said, ``I have heard many a speech that changed
my mind, but not one that changed my vote.''
So thank you for the opportunity, and I will do my best to
both change minds and votes.
Our immigration system should reflect our Nation's values
of family and hard work. And our elected officials should have
the courage and wisdom to bring our laws in line with both our
values and with economic and demographic reality.
Unfortunately, neither has happened.
Our country is now dealing with the consequences of more
than 20 years of half-baked immigration policies from both
parties. Whether we like it or not, our Nation relies heavily
on immigrant workers, many from Mexico.
Our workforce is aging. In 20 years, when I am 71, the
ratio of seniors to workers in the United States will have
jumped from the current 24 per 100 to 41 seniors per 100
workers. The answer to the Beatle's existential question ``Who
will still need me, who will still feed me, when I'm 64?'' is
simple. It is immigrants.
We offer few legal channels for these needed workers,
especially for low skilled workers, to come to the United
States. The laws of supply and demand ensure that immigrant
workers will come and many stay.
The half measures of the past have only made the problems
worse. The 1986 reform did not account for future labor needs,
employer sanctions were ignored, NAFTA increased trade but did
not address the increased flow of workers. Border enforcement
pushed immigrants into the desert, and as a result, those who
are now here stayed put. And the 1996 reform makes it
impossible for even productive, well-established undocumented
immigrants to get legal status.
So here we are in 2007. We have the untenable situation of
an undocumented population of 12 million people, overwhelmingly
productively working, yet vulnerable to exploitation. We have
200 deaths on the border already this year, and we have no
workable system for our future labor needs.
Our immigration enforcement policies are severely out of
alignment with our trade policies, our economic needs, and our
Nation's values. The half steps have not worked. And that is
why a solution to this mess must be a comprehensive reform, and
ICIRR supports the STRIVE Act introduced by representatives
Gutierrez and Flake.
With legal status and earned citizenship for undocumented
workers, increases in visa allocations to cut the long
backlogs, temporary worker provisions with worker protections
for our future labor needs and enforcement provisions that are
generally reasonable and targeted. There are provisions we
don't like, but we applaud Representative Gutierrez and
Representative Flake for seeking a solid middle ground.
Chest thumping, racially-charged get-tough enforcement,
deportation and workforce enforcement strategies that do not
address our underlying labor market demands are doomed to
failure. Meanwhile, the human cost of breaking up families,
like Tony's and Petty Officer Gonzalez's, are tragic, and the
economic cost of churning our workforce are incalculable.
The current political strategy of those who bully the
vulnerable undocumented and pander to the most bigoted in their
political base is both un-American and politically suicidal.
President Bush proved that both parties can compete among
Latino and immigrant voters, but in the current climate, they
are just driven into the arms of the Democrats. And there are
those in the majority party who seem to believe that if they
just sit back and allow others to do the immigrant bashing,
then Latinos will be satisfied with lip service.
Shame on demagogues and opportunists and on political
cynics. What we need are real reforms that will benefit, not
just the immigrants and their families, but our whole Nation.
We hope that this Committee, this Congress, and this
Administration will take such leadership and pass the STRIVE
Act. Thank you.
[The prepared statement of Mr. Hoyt follows:]
Prepared Statement of Joshua W. Hoyt
Good afternoon. My name is Joshua Hoyt. I am the executive director
of the Illinois Coalition for Immigrant and Refugee Rights. ICIRR is a
coalition of more than 100 member organizations through the state of
Illinois that works to build the power and capacity of immigrant and
refugee communities and to advocate for policies that will move
immigrants and refugees toward full participation in our society. Thank
you for the opportunity to speak before this subcommittee.
Our nation's immigration system should reflect our nation's values
of family, hard work, and fairness. And our elected officials should
have the courage and wisdom to bring our laws in line with our values.
Unfortunately, neither has been the case.
Our country is now dealing with the consequences of more than 20
years of half-baked immigration policies from Administrations and
Congresses led by both parties. Whether we like to admit it or not, our
nation relies heavily on immigrant workers, largely but not exclusively
from Mexico. In Illinois alone, our workforce is aging and nearing
retirement. Without new immigrant workers, our workforce would have
shrunk from 2000 to 2005. Instead, our workforce grew by 2.7%, due to a
23% increase in foreign-born workers. These workers filled 27.7% of the
21,000 new health diagnosis jobs, 42.4% of the 53,000 new food
preparation and serving jobs and 100% of the new managerial jobs in our
state.
Our workforce is aging and baby-boomers are retiring. After decades
of stability, our senior ratio is poised to skyrocket. From roughly 24
seniors per 100 working age residents, the ratio will surge in the
coming decade to 32 and in the decade after that will hit 41. Absorbing
this sudden 30% jump in the senior ratio in a single decade will be a
terrific jolt. But the jump is repeated in TWO consecutive decades,
testing America like never before. Who will replace our aging
workforce? Immigrants.
Yet we offer few legal channels for these workers to come to the
United States. Permanent employment visas are limited to 140,000 per
year, and involve employers going through an arduous, multi-year
process with the Department of Labor and the Department of Homeland
Security. Temporary worker programs involve similar hurdles that
discourage farms and other employers from participating.
But these workers still come, and many stay. Back in 1986, the
Reagan Administration tried to address the unheard-of undocumented
population of 3 million by enacting the Immigration Reform and Control
Act. Many of the former undocumented immigrants who gained legal status
under that law are leaders in their communities, and indeed throughout
our coalition.
But IRCA failed to provide any legal way for migrant workers to
come to our country to work. Even worse, it outsourced immigration
enforcement to employers, who now needed to check their workers'
documents. The federal government, in both Democratic and Republican
administrations, has paid only lip service to workplace enforcement.
The number of employers prosecuted for unlawfully employing immigrants
dropped from 182 in 1999 to four in 2003, and fines collected declined
from $3.6 million to $212,000. In 1999, the United States initiated
fines against 417 companies. In 2004, it issued fine notices to three.
ICE fines on employers across the U.S. from FY02 to FY05 ranged between
$6,00 and $73,000, hardly a serious enforcement plan. As the economic
reality of our labor needs sank in and workforce enforcement tailed
off, so did the incentives for employers to take immigration sanctions
seriously.
In the mid-1990s, the North American Free Trade Agreement and
internal reforms in Mexico further drove Mexican migration northward.
Farmers saw the market for their crops undercut by cheaper US corn were
also displaced from the land by agricultural reforms. NAFTA sought to
integrate economies of US, Canada, and Mexico, but did not integrate
labor markets. At the same time, however, the Clinton Administration
was cracking down on the Mexican border, massing resources in heavily-
trafficked areas like El Paso and San Diego in Operation Gate Keeper.
These operations didn't stop people from coming; they only drove
migrants to less patrolled, more remote, and more dangerous areas in
the desert, especially in Arizona. The numbers of deaths on the border
skyrocketed, as did the prices that smugglers could charge. And the
incentives for those migrants who made it across to go back, only to
endure another, still more dangerous crossing, evaporated. Instead,
undocumented migrants settled in the US, and increasingly have brought
their families with them.
Further complicating the mix were such laws as the 1996 Illegal
Immigration Reform and Immigrant Responsibility Act (IIRAIRA), which
closed off many legal avenues for undocumented immigrants to gain legal
status, such as suspension of deportation, even if they have been in
the US for many years and have strong family ties here. IIRAIRA
furthermore set up bars and traps that prevent many otherwise eligible
immigrants from getting green cards, including the ten-year bar that
now prevents Tony Wasilewski's wife from returning to the US.
So here we are in 2007. As a result of failed policies on both
sides of the border, our nation's undocumented population has ballooned
to 12 million people. These are people who work hard in crucial sectors
of our economy, who own homes and businesses, who are raising families
and paying taxes. Yet for all their work and all their contributions,
they cannot even get driver's licenses in most states and are under
constant threat of deportation and separation.
We have immigration policies that are severely out of alignment
with our trade policies and economic needs. We have enforcement
policies that clearly are not working and seemed designed to fail. As
documented by Princeton Professor Douglas Massey, our border
enforcement budget increased tenfold from 1987 to 2002, and our Border
Patrol personnel tripled, yet the likelihood of someone getting caught
at the border has plummeted. Yet Congress and the Bush Administration
want to spend still more money on controlling the border and even build
a border fence, fool's errands that will accomplish nothing without
real reform of our immigration policies. And, in the absence of any
real federal resolution to this situation, we have local communities
trying to figure out what to do with their new immigrant populations--
all too often polarizing against them, to the detriment of the whole
community.
ICIRR supports a comprehensive approach to addressing our
immigration crisis. For a complex issue like immigration, only
comprehensive reform can meet our labor needs, enhance our national
security, reunite our families, address the underlying motivations for
migration, and uphold our nation's values. ICIRR worked with other
immigrant advocacy groups throughout the nation on a series of
principles for any real reform to our immigration crisis. These
principles call for the following:
Providing a Path to Permanent Resident Status and
Citizenship for All Members of Our Communities. Our immigration
policy needs to be consistent with reality. Most immigrants are
encouraged to come to the United States by economic forces they
do not control. Immigrants bring prosperity to this country,
yet many are kept in legal limbo. Legalization of the
undocumented members of our communities would benefit both
immigrants and their families and the U.S.-born, by raising the
floor for all and providing all with equal labor protections.
Reuniting Families and Reduce Backlogs. Immigration
reform will not be successful until we harmonize public policy
with one of the main factors driving migration: family unity.
Currently families are separated by visa waiting periods and
processing delays that can last decades. Comprehensive
immigration reform must strengthen the family preference
system, by increasing both the number of visas available both
overall and within each category. In addition, the bars to
reentry must be eliminated, so that no one who is eligible for
an immigrant visa is punished by being separated from their
family for many years.
Providing Opportunities for Safe Future Migration and
Maintaining Worker Protections. With respect to worker visas,
we need a ``break-the-mold'' program. Such a program must
include: legal visas for workers and their families; full labor
rights (such as the right to organize and independent
enforcement rights); the right to change jobs; and a path to
permanent residence and citizenship. A regulated worker visa
process must meet clearly defined labor market needs, and must
not resemble current or historic temporary worker programs. The
new system must create a legal and safe alternative for
migrants, facilitate and enforce equal rights for all workers,
and minimize the opportunities for abuse by unscrupulous
employers and others.
Respecting the Safety and Security of All in
Immigration Law Enforcement. Fair enforcement practices are key
to rebuilding trust among immigrant communities and protecting
the security of all. Any immigration law enforcement should be
conducted with professionalism, accountability, and respect.
Furthermore, there should be effective enforcement of laws
against human trafficking and worker exploitation.
Recognizing Immigrants' Full Humanity. Immigrants are
more than just workers. Immigrants are neighbors, family
members, students, members of our society, and an essential
part of the future of the United States. Our immigration
policies should provide immigrants with opportunities to learn
English, naturalize, lead prosperous lives, engage in cultural
expression, and receive equitable access to needed services and
higher education. Support for immigrants must also include
adequate resources to provide for decent, safe and affordable
housing to help meet the critical housing needs of the 2.2
million--one in five--immigrant families residing in the U.S.
Restoring Fundamental Civil Rights of Immigrants.
Since September 11, 2001, implementation of sweeping law
enforcement policies have not only failed to make us safer from
future attacks, but undermined our security, while eroding
fundamental civil liberties. Failure to protect these
fundamental rights goes against the core values of a democracy,
and, therefore, the United States. For the benefit of everyone,
and not just immigrants, these basic rights must be restored
and protected.
Protecting the Rights of Refugees and Asylees. The
United States has always been viewed as a safe haven for those
fleeing persecution. Yet, since September 11, 2001,
significantly fewer refugees have been admitted. The U.S.
government has an obligation to remove barriers to admission
and save the lives of thousands of people across the world who
are fleeing for their lives. In addition, our current policies
treat many asylees unequally based on their country of origin.
Our country must ensure fair and equal treatment of individuals
and their family members seeking asylum, and end the inhumane
detention and warehousing of asylum seekers.
In the House, Rep. Luis Gutierrez, Rep. Jeff Flake, and former Rep.
Jim Kolbe have worked with their Senate counterparts, Sen. Edward
Kennedy and Sen. John McCain, to craft legislation that would
incorporate these basic elements. During the last Congress they
introduced the Secure America and Orderly Immigration Act.
This past March, Reps. Gutierrez and Flake followed up by
introducing H.R. 1645, the STRIVE Act. Like Secure America, STRIVE
included many of the crucial provisions that must go into comprehensive
reform:
A pathway for undocumented immigrants who are
contributing to our economy and community to earn legal status
and eventually US citizenship--a pathway that would have
enabled Janina Wasilewski to apply, reopen her deportation
case, and gain legal status--as well as the DREAM Act for
undocumented students and the AgJOBS bill for agricultural
workers;
Increases in visa allocations that would cut through
the long backlogs that many would-be legal immigrants now face;
Temporary worker provisions that would enable those
who want to come to the US to work an orderly process to match
up with the employers who need them, but that would also
protect these workers and all workers in our country from abuse
and exploitation;
Grant programs to assist immigrants in learning
English and preparing for citizenship, and to assist local
communities with the impact of new immigration;
Enforcement provisions that are generally reasonable
and targeted at those who would do harm to our communities and
our nation.
We would have preferred that several section not have been included
in STRIVE, including the ``touch-back'' requirements for legalizing
immigrants, the vast expansion of detention beds, and the authorization
of local police to enforce federal criminal immigration laws. Still, we
understand the need for compromise so that a comprehensive bill can
gain broad support, and we applaud Rep. Gutierrez and Rep. Flake for
seeking a solid middle ground for effective and humane immigration
reform.
But in addition to the right policies, we need our federal
government to show true courage and, to quote Texas Governor Rick
Perry, ``maturity'' in facing up to this issue and putting real
solutions into place. Neither party can afford to continue on their
current path.
In my opinion, the fear-mongering and immigrant-bashing of last
year contributed to the electoral disaster of Republicans last fall,
and those who choose to pander to restrictionists and continue to
alienate Latino and other immigrant voters will doom themselves to
defeat. Last year, ICIRR and the Center for Community Change published
a report, ``Today We March, Tomorrow We Vote,'' documenting the
potential growth of immigrant voting populations all across the
country. More than 14 million potential new citizens or children of
immigrants reaching voting age could participate in next year's
elections. In at least 11 swing states these potential voters are
greater in number than the difference between President Bush and
Senator Kerry's vote totals. And already USCIS saw record numbers of
immigrants, buoyed by last year's marches, applying for US citizenship
so that they can fully participate as voters.
The Democratic Leadership can also not afford to just sit by,
assume that the Minority will drive immigrant voters toward Democrats,
and do nothing beyond paying lip service. Our votes cannot be taken for
granted--we need real reforms that will benefit not just us and our
families, but our whole nation.
Now is time for both parties to show leadership and resolve our
immigration crisis. We hope that this committee, this Congress, and
this Administration, will take such leadership. Thank you.
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
Ms. Lofgren. Thank you very much.
Ms. Butts? Good to see you again.
TESTIMONY OF CASSANDRA Q. BUTTS, SENIOR VICE PRESIDENT FOR
DOMESTIC POLICY, CENTER FOR AMERICAN PROGRESS
Ms. Butts. Very good to see you again, Madam Chair, and
thank you for the opportunity to come and speak with you on
this important issue.
My name is Cassandra Butts, and I am senior vice president
for domestic policy of the Center for American Progress.
When marchers took to the streets this past year in support
of immigrant rights and the passage of comprehensive
immigration reform in cities and towns across the country,
images hearkened back to the civil rights movement and the
struggle more than a half century ago against prejudice and
discrimination. The struggle for immigrant rights and civil
rights are as intertwined today as they have been at any time
in the history of the United States.
We stand tall as a Nation by welcoming more immigrants than
any other country in the world. The welcoming torch of the
Statute of Liberty, which beckoned ``huddled masses yearning to
be free,'' or the U.S. Government motto ``E Pluribus Unum,''
``Out of Many, One,'' are more than symbols of our Nation. They
embody the fundamental principles of our democracy.
When we have honored these principles in the past, our
immigration laws have reflected the best America has to offer.
But too often that generosity was in conflict with our domestic
struggle with race and our immigration policies were tainted
with the same stains of discrimination and intolerance that
divided the Nation.
For almost a century beginning in the 1880s, U.S.
immigration laws excluded or significantly limited groups of
ethnic and racial minorities from entering the U.S. These
increasingly restrictive immigration laws projected to the
world increasingly intolerable conditions for ethnic and racial
minorities in the U.S. who shared a common heritage with the
disfavored immigrant groups.
The 1960s represented a historic turning point that forever
linked the fates of ethnic and racial minorities in the U.S.
regardless of their immigration status. Heavily influenced by
the fight for racial justice and equal opportunity represented
by the civil rights movement, Congress passed the Immigration
and Nationality Act Amendments of 1965, which eliminated the
national origins quota system and racial exclusions. This new
law became the third great pillar of civil rights laws of that
era, joining the Civil Rights Act of 1964 and the Voting Rights
Act of 1965 as beacons of freedom to the world, realizing
America's founding principles.
As a result of the 1965 Act, people of color now make up
the majority of the approximately 24 million legal immigrants
in the U.S. today. The growing diversity has reached every
State and metro area in the Nation, and the Census projects the
United States will become a ``majority minority'' country by
2060 largely based on this growth.
But as our immigration patterns have shifted to reflect
greater diversity and the demands of a globalized economy, U.S.
immigration laws have not been modernized to address these
trends. One result has been the growth of a significant
undocumented immigrant population estimated at 12 million.
As a result, we have witnessed the resurfacing of historic
hostilities toward immigrants and efforts to once again
legislate intolerance and discrimination into our immigration
laws. If this effort prevails and Congress fails to pass
comprehensive immigration reform such as the STRIVE Act, the
implications could be far reaching.
The choice before us is one that would either define our
society as clinging to the past in fear of changing
demographics or as one prepared to take a progressive step
forward toward a society rooted in the principles of racial
equality and justice that has marked our progress since the
1960s.
We are once again at a historic crossroads and the path we
choose to take could have as profound an impact on our future
as the civil rights movement. Congressional inaction has
already led to the patchwork of State and local anti-immigrant
actions.
Recent examples of such efforts provide few answers to the
problems posed by our broken immigration system and raise more
concerns about the safety of immigrant communities amid the
specter of civil rights violations.
The first case in point is Hazelton, Pa., which was in the
forefront in enacting a local ordinance in 2006 that broadly
defined ``illegal aliens'' to include lawful residents and
naturalized citizens. The ordinance imposed a $1,000 fine on
landlords who rented to illegal immigrants, and leveled a 5-
year ban on businesses that hired undocumented workers, and
designated Hazleton as an English-only city.
In a legal challenge by local immigrants and business
owners represented by civil rights advocates, a Federal
district court recently ruled Hazleton's ordinance
unconstitutional. But the court's strong decision in the
Hazleton case has not deterred other localities, such as Prince
William County, Virginia, from taking similarly disturbing
actions.
In addition, State and local law enforcement have sought to
fill the breech left by Federal inaction by enforcing Federal
civil immigration Laws, and these efforts also run the risk of
encouraging racial profiling and other civil rights violations.
Today the link between immigrant rights and civil rights
could not be racial profiling and other civil rights
violations. Today, the link between immigrant rights and civil
rights could not be more apparent. Supporters of comprehensive
immigration reform like the STRIVE Act seek to restore a basic
sense of justice and fairness to our immigration policy and
recognize the common humanity of all the residents of the
United States regardless of their immigration status.
We, as a people, still believe in the principles that
defined our fight for civil rights and the principles that have
defined our American democracy. Congress should honor those
principles by passing comprehensive immigration reform.
Thank you.
[The prepared statement of Ms. Butts follows:]
Prepared Statement of Cassandra Q. Butts
Ms. Lofgren. Thank you very much.
Mr. Barrera?
TESTIMONY OF MICHAEL L. BARRERA, PRESIDENT AND CEO, UNITED
STATES HISPANIC CHAMBER OF COMMERCE, ON BEHALF OF MR. DAVID
LIZARRAGA, CHAIRMAN OF THE BOARD OF DIRECTORS, UNITED STATES
HISPANIC CHAMBER OF COMMERCE
Mr. Barrera. Good afternoon. It is late in the afternoon,
and I appreciate everybody staying here.
Chairman Lofgren, Ranking Member King, Members of the
Subcommittee, fellow panelists, and, of course, the hardworking
staff. My name is Michael Barrera, and I am president and CEO
of the United States Hispanic Chamber of Commerce, which
represents the interests of two million Hispanic-owned
businesses in the U.S.
I appreciate the opportunity to testify before the
Subcommittee, on behalf of our Chairman, David Lizarraga, who
could not with us here today.
Chairman Lizarraga is the son of immigrants from Mexico,
and I am the proud grandson of Mexican immigrants. We have been
blessed with immigrant virtues of hard work and dedication to
achieve the American dream. We owe our success in business and
our commitment to the economic development of our communities,
not just to the Hispanic community, but our communities and
these same virtues.
I dare say that most of us in this room owe much of their
success to their immigrant roots and are immensely proud of
their immigrant heritage. It is the strength of these immigrant
roots that has made this country great.
That is why I am deeply troubled that demonizing immigrants
by closing our borders to them jeopardizes our economic future.
Therefore, please accept the support of the United States
Hispanic Chamber of Commerce for comprehensive immigration
reform and for the STRIVE Act as a vehicle that accomplishes
this goal.
The employer community is fully committed to comprehensive
reform, even more so due to the Administration's imposition of
a proposed enforcement initiative that may displace as many as
1.4 million workers in the coming months, and these just aren't
illegal immigrant workers. These are overall workers in the
U.S. economy.
We also support a lawsuit filed by the AFL-CIO which seeks
to freeze this enforcement initiative. In fact, the court
issued a TRO on this. This lawsuit references a letter signed
by the USHCC and other employer associations expressing strong
reservations about these proposed regulations.
It is not every day that I think I would ever be here
proposing and supporting a lawsuit by the AFL-CIO, but right
now we have labor unions and business joining together to fight
bad policy, which arose in the vacuum left by Congress'
inability to reform our broken immigration laws.
The failure to pass immigration reform has also spurred, as
many people have talked about, a flood of conflicting,
fragmented, and often intolerant State and local ordinances on
immigration.
Comprehensive immigration reform is needed now if we are to
put an end to the more than 1,400 State and local laws, which
are being hostile to immigrants and also over-burdensome to
small business, that have been introduced or past in the last 2
years.
The legal patchwork is creating havoc for residents,
businesses and immigrants across the Nation.
Global economic integration is a fact of life. Labor jobs
go where labor is available, and that is why we need to allow a
steady and regulated stream of immigrant labor into our
country. The choice is between further offshoring of American
industries and jobs or maintaining a productive and legal
immigrant workforce that can fill the gaps of our labor supply.
Immigrants fulfill a critical part of the U.S. labor force
by performing jobs that Americans simply don't want to take or
perform. The Cato Institute came to the same conclusion when it
found that immigrant workers filled segments in the U.S. job
market where Americans are either over or under qualified.
But if you really want a great example, when is the last
time you tried to get a teenager to mow your yard? It just
doesn't happen anymore.
As someone that works with both businesses and the Hispanic
community, I call on Congress to pass comprehensive immigration
reform for the sake of small businesses and the countless
families that are being ripped apart with every workplace raid,
with every misdemeanor that is being reclassified as an
aggravated felony, and with the erosion of judicial review.
I also urge reform for the sake of legal immigrant families
that are being forced to pay steeper immigration fees and will
soon be forced to navigate a bureaucratic maze of Government
regulations to renew all green cards in 120 days. This also
hurts business.
Madam Chair, Ranking Member King, and Members of the
Subcommittee, every person in this room owes their origins to
our immigrant forefathers and mothers, many who weathered
seemingly impossible odds in a strange land to come to the U.S.
to achieve the American dream.
This is not the time to close the door to others that dare
to pursue the American dream. We must lend a hand to those
immigrant families that are here contributing to this Nation's
strength and our economy.
We urge this Subcommittee to remain steadfast in passing
comprehensive immigration reform.
Please note that for the sake of brevity, I did not
reference thoughts related to the STRIVE Act itself, but those
can be found in the written testimony submitted for the record.
Thank you once again for allowing me to serve as a witness
today. I look forward to your questions.
[The prepared statement of Mr. Lazarraga follows:]
Prepared Statement of David Lizarraga
Chairwoman Lofgren, Ranking Member King, members of the subcommittee,
fellow panelists and staff,
As Chairman of the U.S Hispanic Chamber of Commerce, I am very
appreciative of having this opportunity to testify before the
subcommittee.
I am the son of immigrants from Mexico. I have been blessed with my
immigrant family's virtue of hard work and dedication to achieve the
American Dream. I owe my success as a businessman and my commitment to
the economic development of my community to these same virtues. I dare
say that most of those in this room owe much of their success to their
immigrant roots and are immensely proud of their immigrant heritage. It
is the strength of these immigrant roots that has made America a great
nation.
That is why I am deeply troubled that demonizing immigrants and
closing our hearts and borders to them jeopardizes our own future.
Therefore, please accept the support of the United States Hispanic
Chamber of Commerce for comprehensive immigration reform, and for the
STRIVE Act as a vehicle that accomplishes this goal.
The STRIVE Act provides for increased border security and interior
enforcement, revamping the employment verification system, a new worker
program, a legalization program for undocumented workers, and reforming
the current manner in which green cards are provided for both the
family and employment-based categories so as to eliminate lengthy
processing delays.
Madam Chair, I would like to respectfully offer a few observations
and recommendations on the STRIVE Act. We commend that the third title
of the bill, which focuses on employment verification, is a vast
improvement over current regulations, especially the ones currently
being proposed through rulemaking. One of the highlights of Title III
is how it rolls out the Electronic Employee Verification System over a
period of 6 years based on the size of the employer--one year for
critical employers; large employers at 2 years; mid-size employers at 3
years; and small employers at 4 years. This is a fair approach given
the difficulty that small businesses have in adjusting to new and
complicated regulations.
Moreover, this legislation recognizes the economic reality of
shortages in labor and that we must establish an immigrant worker
program. We are further encouraged that the program is structured in
such a way that some immigrant workers can earn permanent residency in
the United States.
In addition, we recommend that the Subcommittee take into account
that not all employers in a high unemployment area require the same
type of workers. It is our position that the legislation should take
into account the variances in education and skills required of certain
jobs. We believe it is appropriate to allow for a waiver process for
jobs deemed to be in shortage for a particular metropolitan statistical
area. Therefore, on behalf of our membership, we ask you not to punish
businesses that require workers with special skills or education in
sectors where shortages exist.
The employer community is fully committed to comprehensive reform,
and even more so due to the Administration's imposition of a proposed
enforcement initiative that may displace as many as 1.4 million workers
in the coming months. We also support the lawsuit filed by the AFL-CIO,
which seeks to freeze this enforcement initiative. This lawsuit
references a letter signed by the USHCC and other employer associations
expressing strong reservations about these proposed regulations. It is
not everyday that labor unions and businesses join together to fight
bad policy, which arose in the vacuum left by Congress' inability to
reform our broken immigration laws.
The failure to pass comprehensive reform has also spurred a flood
of state and local conflicting, fragmented and often intolerant state
and local ordinances on immigration. Comprehensive immigration reform
is needed now if we are to put an end to the more than 1,400 state and
local laws--most being hostile to immigrants--that have been introduced
or passed in the last two years. This legal patchwork is creating havoc
for residents, businesses and immigrants across the nation.
For example, the recently passed amendment to the Illinois Human
Rights Act will require businesses in Illinois to defy the proposed
federal requirement to use the Basic Pilot verification system. In
other cases, like Arizona's Fair and Legal Employment Act, businesses
that are cited more than once for employing an undocumented immigrant
are permanently barred from receiving a business license in the state.
This Arizona law threatens entire business chains with penalties if a
single location is cited and applies to hospitals and power plants.
Thankfully the Lozano vs. Hazelton decision, wherein the court
stopped local anti-immigrant ordinances in a Pennsylvania town, makes
for good precedent to stop similar local laws. But, the legal costs of
fighting each of these local ordinances constitute an enormous economic
burden on employers.
The USHCC believes that the weight of the economic and demographic
evidence provides overwhelming support for comprehensive reform.
Immigrants--legal and illegal--fill a vital role in the American
economy comprising 14 percent of our workers.
Immigrants hold 70 percent of agriculture jobs in the United
States, 33 percent in building and grounds maintenance, 22 percent in
food preparation and 22 percent in construction. The agriculture
industry alone would suffer $12 billion in losses without immigrant
labor, and as much as one-third of the production would shift to other
countries.
Global economic integration is a fact of life. Labor jobs go where
labor is available, and that is why we need to allow a steady and
regulated stream of immigrant labor into our country. The choice is
between the further off-shoring of American industries and jobs or
maintaining a productive and legal immigrant workforce that can fill
the gaps in our labor supply.
Immigrants fulfill a critical part of the U.S. labor force by
performing jobs that Americans simply don't want to take or perform.
The CATO institute came to this same conclusion when it found that
immigrant workers fill segments in the U.S. job market where Americans
are either over or under qualified.
Furthermore, there are also very compelling demographic arguments
for immigration reform. The current concern with the solvency of Social
Security is based on a demographic problem--a high ratio of retirees to
contributors. As such, we must assume that driving millions of workers
out of the country or into the underground economy accelerates this
insolvency to the tune of $500 billion by 2022 and takes billions more
out of the national treasury that would have otherwise been collected
in taxes.
As someone that works with both businesses and the Hispanic
community, I also call on Congress to pass comprehensive immigration
reform for the sake of the countless families that are being ripped
apart with every workplace raid, with every misdemeanor that is
reclassified as an aggravated felony, and with the erosion of judicial
review. I also urge reform for the sake of legal immigrant families
that are being forced to pay steeper immigration fees, and will be soon
be forced to navigate the bureaucratic maze of our government to renew
all greencards in 120 days.
It is unfortunate that we have once again as a nation fallen into
an unreasoned nativist response to addressing the status of immigrants.
As you may be aware, as far back as the birth of our nation, Benjamin
Franklin himself spoke against allowing German immigrants into the
United States and how their lack of education, sanitation and
assimilation would doom our nation.
The language and arguments that were used in the past have changed
very little, and it is our hope that we, as a nation, can rise above
the rhetoric to see the facts and weigh the national interest.
Comprehensive immigration reform is necessary for our economy, our
communities and our future prosperity.
Madam Chair, Ranking Member King, and members of the subcommittee,
every person in this room owes their origin to our immigrant
forefathers, many who weathered seemingly impossible odds in a strange
land, and came to the U.S. to achieve the American Dream.
This is not the time to close the door to others that dare to
pursue the American Dream, and we must lend a hand to the immigrant
families that are here contributing to this nation's strength and
economy.
We urge this subcommittee to remain steadfast in passing
comprehensive immigration reform.
Thank you once again for allowing me to serve as a witness today.
Ms. Lofgren. Thank you very much.
Ms. Kirchner?
TESTIMONY OF JULIE KIRCHNER, DIRECTOR OF GOVERNMENT RELATIONS,
FEDERATION FOR AMERICAN IMMIGRATION REFORM
Ms. Kirchner. Thank you very much, Madam Chair, Ranking
Member King, and Members of the Subcommittee. Thank you for
this opportunity to present the position of the Federation for
American Immigration Reform with respect to the STRIVE Act and
the policy considerations behind it.
My name is Julie Kirchner, and I am FAIR's Government
Relations Director.
FAIR is a nonprofit, public interest organization
advocating an immigrant policy that best serves the national
interest. Our organization has over 300,000 members and
activists in 49 States and is affiliated with over 50
immigration reform organizations across the country.
Madam Chair, on June 28 of this year, after an extensive
national debate, the motion to invoke cloture on the Senate
comprehensive immigration reform bill failed. It failed because
the American people recognized that the legislation did not
embody meaningful reform. Instead, they saw that through
amnesties and guest worker programs, the legislation rewarded
illegal activity, undermined the American worker, and only made
a bad situation worse. And the American people said ``no'' with
a voice that is rarely heard in politics.
Madam Chair, one of the most compelling lessons we learned
from the Senate debate is that before the American public will
even consider amnesty or guest worker legislation, the
Government must restore credibility to an immigration system
that has long lost the confidence of the American people.
However, upon examination of the STRIVE Act, it is clear
that H.R. 1645 does not restore credibility to our immigration
system, but instead only replicates and, in many cases,
exacerbates the very same problems in the Senate bill.
Madam Chair, Members, there have been several Members,
honorable, distinguished Members who have testified today that
they consider the STRIVE Act to be the solution, the best
solution. I most respectfully disagree, FAIR disagrees.
FAIR believes that the STRIVE Act really, in fact, fails to
fulfill its purposed policy goals.
First, the STRIVE Act will not end illegal immigration. On
the contrary, by granting amnesty through so-called
conditional, non-immigrant status, blue cards and the DREAM
Act, the legislation rewards those who break the law and only
encourages more illegal immigration.
Second, the STRIVE Act will not improve the economic
standing of the American worker. Instead, by creating a massive
new H-2C guest worker program, and more than doubling the
employment-based immigrant visas, the legislation floods the
market with foreign workers willing to work for less and eager
to compete with U.S. workers.
The STRIVE Act does not guarantee a crackdown on employers
who hire illegal aliens. The STRIVE Act does require that
employers use an employment eligibility verification system and
does increase civil and criminal penalties for employers who
hire illegal aliens.
However, all of this is undercut by provisions permitting
the Department of Homeland Security to delay implementation of
the verification system and to exercise its discretion to
exempt entire classes of employers from its use.
In addition, employees who hire independent contractors do
not have to participate, and homeland security has the
discretion to reduce penalties for illegal hiring practices.
Fourth, the STRIVE Act will not improve the quality of life
in the United States. Indeed, it may improve the plight of
individual immigrants, but this comes at a cost to society in
the form of increased public services, often borne by State and
local governments, increased strain on the environment, and
staggering population growth.
FAIR estimates that the passage of the STRIVE Act would
result in an additional 50 million people being added to the
2050 population projection. This means that instead of the U.S.
population growing to 461 million by the year 2050, it will
soar to approximately 513 million.
Finally, the STRIVE Act will not satisfy the American
public's demand for meaningful immigration reform. Indeed, in
poll after poll, the American people have shown that they
overwhelmingly oppose such legislation.
For example, a June Rasmussen poll of over 800 voters found
that only 22 percent of Americans supported the bill considered
by the Senate earlier this summer.
Madam Chair, like the Senate amnesty bill, the STRIVE Act
promises only to compound rather than ease our immigration
crisis. Moreover, granting amnesty that rewards illegal
activity and creating massive new guest worker programs that
hurt the American worker simply does not make sense when there
are other viable alternatives out there.
One need only look to the Jordan Commission of the mid-
1990s, the bipartisan Jordan Commission, may I add, to see that
many sound reforms have yet to be implemented. These reforms
should not be held hostage to amnesty and guest worker
programs.
And, Madam Chair, I would just like to say, in closing,
today there have been many comments on the issues of fairness
and justice, and FAIR does believe that immigration policy
should not discriminate on race, color, religion, or any
particular background. It should be fair to all immigrants and
there many hundreds of millions of immigrants all over the
world, who I believe would probably like to participate in the
American dream.
And to reward those who come illegally rather than reward
those who play by the rules, who wait their turn in line, is,
in our opinion, unfair and unjust. And while there are some who
say, ``Well, there are the people who would participate in this
conditional non-immigrant status,'' this amnesty, as we call
it, are penalized for paying some money, the difference is that
the slate is wiped clean.
Unlike people who are prosecuted and convicted of crimes in
the U.S., there is no conviction on their record. It has never
happened, and I think, Madam Chair, there is a very important
difference.
They get to start over. They get to act like it has never
happened. Immigrants from all over the world, from Asia,
Africa, South America, you name it, there are many, many who
want to come and we should be fair to all of them.
Thank you, Madam Chair.
[The prepared statement of Ms. Kirchner follows:]
Prepared Statement of Julie Kirchner
This statement addresses the effectiveness of the STRIVE Act as a
legislative response to illegal immigration and border security in the
United States.
introduction
Madam Chair and members of the Committee, thank you for this
opportunity to present the position of the Federation for American
Immigration Reform with respect to the STRIVE Act and the policy
considerations behind it. My name is Julie Kirchner, and I am FAIR's
Government Relations Director. FAIR is a public interest organization
advocating a just immigration policy that takes as paramount the
national interest and the interests of American citizens. Our
organization has over 300,000 members and activists in 49 states and is
affiliated with over 50 immigration reform organizations across the
country. FAIR does not receive any federal grants, contracts or
subcontracts.
Madam Chair, on June 28, 2007, the motion to invoke cloture on the
Senate's comprehensive immigration reform legislation failed. It failed
because the American public saw that it was created to serve special
interests by perpetuating the status quo. They saw the unrelenting
violation of the nation's borders, the skyrocketing illegal alien
population, and the disappearance of jobs and depression of wages as
employers exploited low-paid guest workers or simply used illegal alien
labor. They then saw the Bush Administration join with a handful of
Senators to offer legislation that granted amnesty and created massive
new guest worker programs to appease big business. They realized that
this legislation rewarded law breakers, undermined the American worker,
and only made a bad situation worse. And the American people said
``no.'' \1\
---------------------------------------------------------------------------
\1\ According a Rasmussen poll, only 22 percent of Americans
supported the comprehensive immigration reform bill considered by the
Senate earlier this summer. This lack of support was bi-partisan, with
only 22 percent of Democrats and 22 percent of Republicans favoring it
(www.rasmussenreports.com, June 25, 2007).
---------------------------------------------------------------------------
Madam Chair, the American people not only said ``no'' to the Bush-
Kennedy amnesty bill (S.1639), they said ``no'' with a voice rarely
heard in politics. And, as Senators of both parties listened to why
ordinary Americans overwhelmingly opposed the bill, they began to
realize that before them was an immigration bill with so many flaws and
failings, no political compromise could save it. Indeed, on the day of
the final cloture vote the volume of phone calls from those who opposed
the bill was so great, it shut down the Capitol switchboard. Within
hours, 37 Republicans joined with 16 Democrats (including one
Independent) to vote against the Bush-Kennedy Amnesty Bill and the
cloture motion failed, 46-53.
Turning our attention today to the STRIVE Act (H.R. 1645), it is
clear that H.R. 1645 only replicates, and in many cases exacerbates,
the problems in the Senate bill. It grants mass amnesty in multiple
forms, creates huge new guest worker programs, increases the annual
number of foreign workers who may permanently stay in the U.S. The
effects of such legislation, if passed, would have devastating effects
on U.S. taxpayers, the American worker, the environment and, most
importantly, the rule of law.
amnesty
The STRIVE Act contains not one, but three amnesty programs. First,
the bill allows an illegal alien--and an illegal alien only--to apply
for ``conditional nonimmigrant status'' if he can establish continuous
physical presence in the U.S. since June 1, 2006. The alien must also
submit fingerprints, undergo a background check, and pay a $500 fine.
After six years, the conditional nonimmigrant can obtain lawful
permanent residence by establishing employment; paying taxes; paying
$2000 in fees and fines; passing a background check; meeting a minimal
English course study requirement; and touching the border. This last
requirement, called a ``touchback'' provision, only requires that
during the six-year period, the alien return to the border and reenter
the United States as a conditional nonimmigrant--the status he or she
already has. There is no requirement that the alien actually return to
his or her home country, undergo any new scrutiny, obtain any new
documentation, or spend any meaningful time outside of the U.S.
The second amnesty provision is in the AgJOBS section of the bill
which gives ``blue cards'' to agricultural workers. This provision
allows nearly 1.5 million illegal alien agricultural workers, plus
their spouses and children, to obtain legal status so long as they have
been engaged in regular agricultural employment for the two years
ending December 31, 2006. Three years after receiving a blue card, the
alien can adjust to lawful permanent resident status and then obtain
U.S. citizenship. This provision is reminiscent of the Seasonal
Agricultural Worker amnesty provision enacted in 1986 that is now
considered one of the most fraud-ridden immigration provisions ever
adopted.
The third amnesty program is contained in the DREAM Act portion of
the legislation. Under the DREAM Act, any individual who entered the
U.S. before turning 16 years old, remained in the country five years,
and has enrolled in primary or secondary school will receive a stay of
removal and work authorization. An illegal alien who finishes high
school will receive conditional immigrant status and may adjust to
lawful permanent resident status upon completion of a two-year degree
program.
guest worker programs
The STRIVE Act increases the ease with which employers can import
guest workers into the country by creating a massive new guest worker
program and expanding existing guest worker programs. First, the STRIVE
Act creates a new H-2C guest worker program that allows illegal aliens
to stay and work in the U.S. for up to 6 years as long as they can show
employment; pass a background check; pass a medical examination; and
pay a $500 fee. Under the H-2C program, these ``guest workers'' and
their dependents are permitted to apply for permanent residency status
and eventual citizenship. The program has an annual cap of 400,000
guest workers with an automatic escalator that can inflate the number
to as many as 600,000 guest workers per year. This will permit
employers to import up to a total of 3.6 million additional foreign
workers into the U.S. at any one time--not counting their immediate
relatives--to compete for American jobs in construction, service or
other areas of the economy at lower wages and with arguably fewer
protections.
In addition, the STRIVE Act dramatically increases the number of H-
1B visas from 65,000 to 115,000 for 2007, with possible yearly
increases of 20 percent until a ceiling of 180,000 is reached. It also
exempts from the H-1B cap aliens with graduate degrees in science,
engineering, math, etc. and broadens the exemption from the cap for
aliens who earned graduate degrees in the U.S. These provisions are a
serious threat to high-tech workers in the U.S., including legal
immigrants who have patiently waited their turn to take part in the
American dream.
legal immigration
In addition to importing up to 600,000 guest workers annually (plus
family members) who will be put on a path to citizenship, the STRIVE
Act more than doubles the annual number of employment-based immigrants
allowed into the U.S. by raising the cap from 140,000 to 290,000. The
legislation also reverses current law by exempting spouses and
children-up to 800,000 annually--from the employment-based cap. This
provision further doubles admissions since currently about half of the
quota is used for family members. Finally, the bill exempts from the
cap aliens who come to take positions in what the Department of Labor
certifies as ``shortage occupations.'' This last provision in
particular will do nothing more than create an ongoing incentive for
big business to lobby Washington to classify every imaginable sector of
the workforce to as a ``shortage occupation.''
enforcement
Finally, Madam Chair, the STRIVE Act has some positive enforcement
provisions. However, these enforcement provisions, much like the 1986
amnesty, are designed to fail as they are undermined by numerous
loopholes.
First, the STRIVE Act mandates that employers use an employment
eligibility verification system set up by the Department of Homeland
Security and the Social Security Administration (SSA) within five years
and requires SSA to share information with the Department of Homeland
Security (DHS). It increases the civil and criminal penalties for
employers who knowingly hire illegal aliens. However, all of this is
undercut by provisions permitting DHS to delay implementation of the
employment eligibility verification system and exercise its discretion
to excuse classes of employers from its use. In addition, employers who
hire ``independent contractors'' do not have to participate and DHS has
the discretion to reduce penalties for illegal hiring practices.
With respect to border security, the STRIVE Act increases the
number of Border Patrol agents and Immigration and Customs Enforcement
(ICE) agents. It affirms the power of state and local law enforcement
to carry out criminal (but not civil) immigration laws and increases
the number of detention beds available. Increasing resources for border
security requires funding, however, and the STRIVE Act provides none.
But even if it did, increasing law enforcement capabilities is
meaningless if the federal government continues to turn a blind eye to
violations of the law and amnesty is to be the new immigration policy
of the United States.
policy considerations
Madam Chair, both supporters and opponents of recent mass-
legalization and border enforcement efforts can agree on many of the
facts that have recently brought issues of immigration and border
security to the fore. A conservative estimate of the number of aliens
illegally in the United States is around 12 million according to a
recent Department of Homeland Security study.\2\ Other estimates put
the population figure as high as 20 million.
---------------------------------------------------------------------------
\2\ Department of Homeland Security, Office of Immigration
Statistics, Estimates of the Unauthorized Immigrant Populations
Residing in the United States: January 2006 at 2 (August 2007).
---------------------------------------------------------------------------
These individuals do not just happen to be here; they did not wake
up one morning on the wrong side of the border. They intentionally
break the law by illegally crossing the border or overstaying their
visas. And while most of those who enter the U.S. illegally do so to
improve their economic situation, they do so at the expense of others--
citizens and legal immigrants--clogging the court systems, straining
government services, depressing wages of workers and exacerbating the
strain on the environment. Most disheartening, illegal aliens by
definition benefit from undermining the rule of law. Yet, despite the
fact that illegal immigration impacts virtually every American and our
quality of life, these effects are rarely discussed in policy debates
on Capitol Hill.
Madam Chair, while some in Congress feel that the best course of
action is to grant amnesty and otherwise adjust the law to accommodate
illegal activity, FAIR believes there are many other alternatives that
uphold the rule of law and better serve the long-term interests of our
nation. During the 1990s, for example, the bi-partisan U.S. Commission
on Immigration Reform (commonly known as the Jordan Commission)
released at least three reports full of sound recommendations for
reforming of our immigration system.
With respect to illegal immigration, the Jordan Commission
recommended improving border security, eliminating the jobs magnet,
including a computerized registry to verify work eligibility, and
mitigating the costs to state and local governments. With respect to
legal immigration, the Jordan Commission recommended simplifying
immigration categories; reducing legal immigration (with overall annual
cap of 550,000); prioritizing immediate family members over extended
family; prioritizing skilled workers over unskilled workers; reducing
the ceiling for employment-sponsored immigration; and increasing
interior enforcement. The Commission also stressed enforcement of
immigration limits, enforcement of sponsor responsibility, and
protection of American workers as basic principles essential to an
effective immigration policy.
Madam Chair, the Jordan Commission recommended these reforms to our
immigration system over a decade ago and yet few of them have been
implemented. It seems that the Bush Administration and many in Congress
prefer to ignore them and skip straight to the politically expedient
alternatives--amnesty and guest worker programs. But traveling this
course will only perpetuate the status quo and lead to the further
deterioration of our immigration system. FAIR believes that the reforms
recommended by the Jordan Commission offer an exponentially better and
genuine solution to our immigration crisis.
conclusion
Madam Chair, for all of the reasons above, FAIR believes that the
STRIVE Act compounds, rather than eases, the problems of our broken
immigration system. By granting amnesty to illegal aliens, Congress
rewards those who openly break our immigration laws and encourages more
illegal immigration. Furthermore, the creation of massive new guest
worker programs coupled with the expansion of existing programs serves
only to subsidize corporate greed and undermine the status of the
American worker. Finally, when the amnesties, guest worker programs,
and special loopholes and exceptions of the STRIVE Act are combined,
the resulting increase to the U.S. population is staggering. FAIR
estimates that the passage of the STRIVE Act would result in an
additional 50 million people being added to the 2050 population
projection. This means that instead of the U.S. population growing to
461 million by 2050, it will soar to approximately 513 million.\3\
Looking at these devastating effects, FAIR believes passage of the
STRIVE Act would be a mistake of historic proportions.
---------------------------------------------------------------------------
\3\ Federation for American Immigration Reform, Report: Assessing
the Population and Environmental Impact of the Gutierrez-Flake Bill
(H.R. 1645) (May 2007), see attachment.
---------------------------------------------------------------------------
ATTACHMENT
Ms. Lofgren. Thank you.
And last, but certainly not least, Mr. Stewart.
TESTIMONY OF THE HONORABLE COREY STEWART, CHAIRMAN AT-LARGE,
PRINCE WILLIAM COUNTY BOARD OF SUPERVISORS
Mr. Stewart. Thank you, Madam Chair, Ranking Member King,
Members of the Subcommittee.
I am Corey Stewart, chairman of the Board of County
Supervisors, Prince William County, VA.
As I am sure some of you know, Prince William County is
located approximately 25 miles south of here. At 400,000
residents, we are the second largest county in the Commonwealth
of Virginia. We are also the seventh wealthiest county in the
United States.
This economic prosperity and economic opportunity and high
quality of life in Prince William has drawn talent from all
over the United States and, in fact, the world. We welcome the
increasing diversity in our community. We welcome legal
immigration in our community, and I better say that, since my
own wife is a legal immigrant from Sweden.
What we do not welcome is unlawful, illegal immigration in
our community. Illegal immigration is degrading the quality of
life in our community.
According to Immigration and Customs Enforcement,
approximately one-third of the gang members in Northern
Virginia are illegal immigrants, people that should not have
been here in the first place. At last check, fully one-fifth of
our inmates in our local adult detention center were illegal
immigrants.
In a sick twist of fate, one of the suspects in the brutal
execution-style murders of three American college students in
New Jersey is, in fact, a resident of Prince William County,
Virginia. And just this morning, Madam Chair, if you will allow
me, a murder committed by an illegal immigrant, twice deported
from the United States, another murder by an illegal immigrant
in Prince William County. The suspect here was twice deported
and allowed to come back to the United States.
We are on the front line of this problem. The localities
and the citizens and the local taxpayers have to pay for the
problem. But what caused the problem was you, the Federal
Government failing to enforce the law, and this is the problem.
We are asking for your support to crack down on illegal
immigration. The Federal Government has failed to secure the
border. The Federal Government has also failed to support
communities such as Prince William County that are dealing with
the effects of illegal immigration.
So what do we do as a community? We use our limited
resources and our limited legal authority to crack down
locally. We have successfully teamed with Immigration and
Customs Enforcement to implement the 287(g) program. And I want
to thank certain Members of this Committee who supported that
in 1996.
In the first month of implementation this past July, we
initiated deportation proceedings on 52 illegal immigrant
criminals--illegal immigrants who, on top of being illegal,
entered our community and committed crimes. Those 52, at least
for the time being, will not be committing crimes such as this
and threatening the lives and the property of Prince William
County residents.
What we would ask, however, is that you enforce the laws at
the Federal level. Failing that, we ask that you give us more
authority to do so at the local level. We ask that you give us
the authority to detain and arrest suspected illegal immigrants
based solely upon a civil detainer.
We also ask that you give us the authority to, as Hazelton,
Pennsylvania did, fine landlords who house and harbor illegal
immigrants.
We also ask that you give us the authority to fine
employers who hire and exploit illegal immigrants.
The law must be enforced. It is degrading our quality of
life. If you are not going to enforce them at the Federal
level, we ask that you give us the tools at the local level to
do so, and we will.
Thank you.
[The prepared statement of Mr. Stewart follows:]
Prepared Statement of Honorable Corey A. Stewart
Madam Chair, Ranking Member King and members of the Subcommittee, I
am Corey A. Stewart, Chairman of the Prince William, Virginia Board of
County Supervisors. I have served in this Countywide elected position
since November 2006. Previously, I served as the Occoquan Magisterial
District Supervisor starting in January 2004 until assuming my current
position.
Prince William County is located in Northern Virginia approximately
25 miles south of Capitol Hill on 1-95 or 30 miles west on I-66.
Approximately two-thirds of our employed residents commute to jobs
outside the County in the District of Columbia, Maryland, or Northern
Virginia. The major job centers in the County include Marine Corps Base
Quantico, Potomac Mills, and the Innovation Technology Park which
includes a campus of George Mason University.
Prince William County has a population of approximately 400,000 and
has grown by nearly 100,000 residents in the last 7 years. The County
is the seventh wealthiest large locality in the United States. We are
also a diverse and cosmopolitan community. Among the fastest growing
groups in the County is the foreign born population. From 2000 to 2005,
according to the US Census Bureau, the percentage of our population
that is foreign born rose from 6.2% to 19.4%. Approximately one-third
of this group is naturalized.
Prince William's high quality of life and economic opportunity has
drawn talent from around the world, and legal immigration has been a
tremendous asset to Prince William County. Many businesses are owned
and operated by naturalized citizens and legal immigrants. One research
institution located in the county specializing in the life sciences
employs scientists of the former Soviet Union in an effort to prevent
the spread of deadly bio-terror toxins. A local chain of supermarkets
catering to the Hispanic population was recently honored by the
Virginia Chamber of Commerce as one of the ``Fantastic 50'' Companies.
We are very proud of the contribution they have made to our community
and to our nation.
Like a lot of other communities throughout the country, the County
has been facing the issue of illegal immigration and its secondary
impacts upon our community. A serious problem the County is facing is
the presence of criminal street gangs. The County has been partnering
with Immigration and Customs Enforcement (ICE) and other local law
enforcement agencies through the Northern Virginia Regional Gang Task
Force to combat this problem. The Congress has appropriated federal
funds for this task force due to the efforts of Congressmen Frank R.
Wolf, Tom Davis and Jim Moran. Our law enforcement partners at ICE
estimate that 18% to 30% of criminal gang members in Northern Virginia
are illegal aliens. Over the three and a half years of the task force
368 gang members who are illegal aliens have been placed in deportation
proceedings.
At last count, the percentage of inmates in our regional jail who
are here illegally was 21%. These inmates are incarcerated for a
variety of crimes ranging from murder and rape to drunken driving and
drunk in public. While the jail receives some reimbursement from the
Federal Government through the State Criminal Alien Assistance Program,
it only accounts for 10% of those costs.
The number of informal ``day laborer'' sites around the County in
parking lots and convenience stores has grown over the last several
years. We have received many complaints from store owners and residents
about these sites. Oftentimes, customers have to navigate among crowds
of men seeking work or drinking in public to get into the stores. Many
such stores have lost business. After one enforcement action to close
down one of these sites, some of those arrested were found to be in the
country illegally.
As a result of these issues--as well as residential overcrowding
and crowded schools and emergency rooms--citizens in our community have
become enraged about the impact of illegal immigration and the effect
that it is having on the County and their quality of life. My
constituents believe that the Administration should enforce U.S.
immigration laws. Because the Federal Government has failed to do this,
the Board of County Supervisors has been forced to take bolder action
on what is essentially a federal responsibility.
Locally, the County has taken a number of steps to address illegal
immigration. The Prince William-Manassas Regional Jail Board, with the
express urging of the Board of County Supervisors and the Manassas City
Council, entered into a 287 (g) agreement with Immigration and Customs
Enforcement (ICE) to turn over inmates who had been determined to be in
this country illegally and completed their sentences to ICE for
deportation proceedings. Since entering this agreement in mid-July, the
jail has turned over 52 inmates to ICE. Another 59 inmates will be
turned over once their sentences are complete while 47 others are under
investigation for possible immigration violations. The Board of County
Supervisors recently budgeted and appropriated $1.4 million for this
local effort. Most of these funds will be used to secure additional
jail space and the remainder for training.
The County is also examining whether the County can lawfully
prevent illegal aliens from receiving County services. There are some
services that the federal government and Commonwealth of Virginia have
already legislated that illegal aliens cannot receive such as Food
Stamps. Other services must be provided to all regardless of their
immigration status such as those provided through the Older Americans
Act. Then there are a group of services that the County may have the
option of restricting to legal residents. The Board will be considering
whether to require those who receive this last group of services to
provide documentation they are in this country legally.
We respectfully request that Congress broaden the powers of local
governments to enforce federal immigration law. Federal legislation
needs to clearly enunciate our roles and the relevant authority. The
following policy issues should be addressed:
Authority to enforce federal immigration law: The federal
government must clearly state to what extent state and local
governments may enforce federal immigration law. In particular, we
request that Congress state explicitly that local law enforcement
personnel may arrest persons based solely upon an immigration
violation, whether civil or criminal. Local governments and law
enforcement agencies need the greatest level of immunity afforded by
both the federal and State governments to enforce federal immigration
law.
State Criminal Alien Assistance Program (SCAAP): The federal
government needs to budget and appropriate a greater level of resources
for SCAAP so that more than 10% of local government costs incurred in
housing illegal aliens may be recovered.
ICE 287 (g) Program: Congress needs to budget and appropriate a
greater level of resources, both human and otherwise, so that ICE may
receive inmates identified as illegal aliens immediately upon the
completion of local detention. ICE's limited detention capacity has
resulted in severe limitations on this County's access to deportation
resources. If this continues, the County will continue to incur
tremendous costs to house illegal aliens. Furthermore, resources should
be provided to deport illegal aliens who have completed local detention
but whose crimes are not deemed to be among the ``worst of the worst.''
These individuals are returned to the community upon completion of
detention. Funding also needs to be provided for training of local law
enforcement agencies.
Northern Virginia Gang Task Force: Federal funding for this and
similar programs should increase substantially. The proposed FY 2008
budget passed by the House of Representatives in July provides $1.5
million. This is $1 million less than what was appropriated for FY
2006.
Madam Chair, thank you for inviting me to provide a local
perspective on federal immigration issues and how these affect our
community. I would be glad to stand for questions.
Ms. Lofgren. Thank you, and thank you all for your
testimony.
It has been a long afternoon, but I think it has been an
instructive one. We will have just a set of questions and then
we will adjourn, and I will begin, if I may.
Mr. Wasilewski and Petty Officer Gonzalez, it seems to me,
if I am hearing you correctly, that you are both in the case--
you are a U.S. citizen, you are a legal resident about to
become a U.S. citizen, and that your wives would have been
permitted under existing immigration law to get a legal visa,
except for a change we made in the law in 1996 on this 3 and
10-year bar.
Is that your understanding, that that is the only thing
that is really standing in the way at this point?
Mr. Wasilewski. Yes, Chairwoman. Immigration officers said
she broke the law. But my wife has never done anything wrong
here in the United States. She has no criminal record, not even
a parking ticket.
And it was because Janina, she tried to follow the legal
procedures for staying in the United States by applying for
political asylum. She exposed herself to the immigration system
and was deported.
Ms. Lofgren. So she thought she was trying to follow the
rules and got caught in this trap.
Mr. Wasilewski. Yes.
Ms. Lofgren. Petty Officer Gonzalez, this 3 and 10-year
bar, is that really what is the issue? Because you are an
American--I mean, not only an American, but we thank you once
again for your service to our country.
The rule is that if you are an American citizen, you can
apply for your spouse. I mean, we are not trying to choose who
Americans marry, but it is this 3 and 10-year bar issue, isn't
it?
Mr. Gonzalez. No, ma'am. When we got together, me and my
wife, she had already applied for asylum under NACARA.
Ms. Lofgren. Under the NACARA.
Mr. Gonzalez. Right. And she was already in her process.
Now, when we got married, that changed her status and she could
no longer be granted status under those set of rules.
Ms. Lofgren. Under the NACARA, right.
Mr. Gonzalez. Right. And so now since she didn't get it, so
now she got sent to removal proceedings because she was
exposed, also.
Ms. Lofgren. Well, I just think, if I can, the old
immigration lawyer in me and old immigration law professor in
me tells me that this is a massive bill, and a lot of the
attention has been focused on the 12 million undocumented, and
that is appropriate. It is an enormously important challenge
for those individuals, for our country and for the economy and
the like.
But, also, within it are elements of--it is an intricate
law and under ordinary principles, I mean, the rule has always
been in modern history that the Federal Government doesn't tell
Americans who they get to marry. I mean, we are not going to
make that selection and Americans get to--you are an American
citizen. You get to have your spouse stay here with you.
We changed the rules on that, well, 11 years ago. And in
the STRIVE Act, that is made an issue and maybe that is one of
the things that we should be attending to in addition to some
of the issues that have gotten more attention.
I am just wondering, Mr. Gonzalez, or Petty Officer
Gonzalez, I mean, you are in service to our country and you are
in this situation. I don't think most Americans would think
that is a very good situation. I don't think most people
would--they would be surprised that an American serviceman
would be in this situation.
Have you run into other people in military service who have
a similar problem?
Mr. Gonzalez. Yes, ma'am, I have countless people that are
in the same situation as I am, to where they try to play by the
rules and when we play by the rules and we no longer qualify by
the rules, we get exposed and then we have to go to the next
step, which is removal proceedings.
And there are many people in my shoes and I am speaking for
a lot of them and they are in the same situation I am. They
just don't want to say anything about it.
Ms. Lofgren. I guess, I thank you, because I understand we
announced that earlier.
I would like to ask, Reverend Cortes, you have been here
before to testify, and we always look forward to listening to
your wonderful voice. But in your written testimony, you talk
about law abiding individuals living in fear, and I know that
that is the case.
What can we do to eliminate this climate of fear that is
occurring in our neighborhoods that you described?
Mr. Cortes. Well, law abiding people, by that, I include
both clergy, of which we are an association of clergy, a
national network, clergy and individual families who are
citizens, but they all know someone who is undocumented.
So the climate of fear that has been created is on two
sides. On one side, you have racial profiling, and we know of
the cases now where American citizens who happen to have
Hispanic surnames and happen to be working in a place that has
a raid are being arrested legally.
So on one side, you have that issue of fear. On the other
side, you have the fear that if you call a police officer and
they are empowered and one cousin or an uncle or someone in the
neighborhood is undocumented, clergy now, for the first time,
have to make a decision whether we work with the police, which
traditionally, in inner city communities, ministers have been
at the forefront with police departments fighting issues of--
fighting all the issues of crime, specifically drug
interdiction and others.
On June 23, I participated in a process where 56 police
chiefs were represented by Sylvester Johnson, the Philadelphia
Chief of Police, and all of them said that they did not want
their officers to begin to track down undocumented immigrants,
because in Hispanic communities, as well as in Middle Eastern
communities and African communities, it was going to raise
havoc between good citizens, good law abiding citizens, and the
police department when they have a family member or a friend
who was undocumented.
Ms. Lofgren. Thank you. My time has expired.
So I will turn to the Ranking Member for his questions.
Mr. King. Thank you, Madam Chair. I do appreciate the
testimony of the witnesses.
First, I would ask, as I looked through your testimony and
listened, Petty Officer Gonzalez, I didn't hear you testify as
to your place of birth and your status as to citizenship.
Mr. Gonzalez. As you can tell, I am real shaky. I was born
in Mexico City in 1983 and my mother, who followed the rules,
came over here with the working permit, and then she applied
for residency. She got her residency and she applied with us as
minors, and we got our residency, and I feel that I owe
something to this country. So I enlisted in the Navy.
My brother, who is 1 year younger than me, enlisted in the
Marine Corps. And we are a good family.
Mr. King. And you have a rivalry between brothers.
Mr. Gonzalez. Sometimes.
Mr. King. Then you received your citizenship when?
Mr. Gonzalez. 2005, February, I believe.
Mr. King. Congratulations.
Mr. Gonzalez. Thank you.
Mr. King. And I want to also say that as I listen to the
cases of Mr. Wasilewski and yourself, Petty Officer Gonzalez, I
am not going to be specific about the paths that I think you
have under current law, but I believe a year from today, if you
follow current law, both of you will have a lot better
expression on your face than you have today. And I believe your
families will be united and they will stay united without fear
of being divided, and I believe that can happen under current
law.
And so I encourage you to follow that, and I congratulate
you for the paths that you have followed down the legal path.
Then I wanted to say to Mr. Barrera, Congressman LaHood sat
in the chair next to you in the previous panel and testified
that his grandparents came here from Lebanon in 1896. And you
are a third generation and I am a third generation, too, but I
don't get any credit for that. I am kind of missing out here.
I would say that my father's family, they were raised on a
different path and it was a path of throwing themselves into
this greater overall American culture, and I don't hear that
coming out of the witnesses on the panel about how valuable it
is that we have a greater American culture.
It is an umbrella that sits over the top of everything
within this country, and it is tied together by a common
history, which we share, all of us today share this, and a
common language and a common sense of destiny and a common
sense of purpose.
And I would like to hear that reiterated more and more
rather than less and less, and I would like to see us
identified more as Americans first. I point that out because it
seems to be missing in this testimony that is here. I know it
probably isn't missing in your heart, certainly not with our
gentleman in the Navy uniform.
But I make that point because I think it needs to be made.
And the another point, another distinction that if there were,
let me say, an abstract anthropologist that were sitting here
listening to this that didn't have their memory clouded with
all of this debate that we have had, they were trying to
determine the difference between legal and illegal immigration,
they would also have a nearly impossible time defining that
difference. Because many of the witnesses don't want to talk
about the difference between the two, and I want to emphasize
the difference.
And I want to point out, also, that a Nation, to be a
Nation, has to have borders, and it has to have the rule of
law, and that is the most essential pillar of this Nation of
American exceptionalism. And I saw you raise your hand,
Reverend Cortes, but you quoted from the Bible and I am going
to quote back to you, and it is about Nations.
This is Act 17, Verse 26, and I will quote it this way,
``God made all nations who live on Earth and he decided when
and where every nation would be.''
Yes, I think our destiny is directed in that fashion and I
would believe that you would, too. And as I listened to your
testimony, I can't help but conclude that borders mean less to
you than they do to me.
Mr. Cortes. No, sir, you are wrong.
Mr. King. And I am drawing this conclusion now and I am
getting ready to ask my question----
Mr. Cortes. Read my testimony.
Mr. King [continuing]. Here in a minute. And I listened
carefully to your testimony, and I hope that you would respect
my statement, as well.
But I can't draw a conclusion to anything otherwise. If we
are going to grant a path to citizenship for almost all of 12
to 20 million people and reward that violation of the law and
wipe the slate clean, as Ms. Kirchner said, then what will
those descendents have to say about the rule of law? What will
they have to say about that essential pillar, that central
pillar of American exceptualism?
And I think rather than go to hear more of this, I would
turn it over to the supervisor, Chairman Stewart, and ask him,
can you list for us again the tools you would like to have to
enforce the rule of law?
Mr. Stewart. Sure. Thank you very much, Congressman. First
of all, I wanted to thank you again for the 287(g) authority
which passed in 1996. And I understand, I believe it is Mr.
Smith that authored that bill.
What we would like is greater authority. We are willing to
do it. We ask for three specific things at this point. First,
we would ask that our law enforcement officials be allowed to
detain and arrest illegal immigrants based solely upon the
immigration charge. Right now, we cannot do that, unless they
have committed some other underlying crime.
Secondly, we would like the authority to fine landlords who
house illegal immigrants and, third and more important, the
ability to fine employers who are hiring illegal immigrants.
And I have listened to some of the testimony here today
from other Members and they mentioned that these are jobs that
Americans don't want to do. That is just simply not the case.
These are skilled and unskilled jobs, especially in the
construction industry.
And if you are a contractor and you are trying to obey the
rules and do the right thing, it is very difficult to compete
when you have got unethical, unscrupulous contractors who are
hiring illegal immigrants, not paying them any benefits, paying
them below wage.
And when those illegal immigrants become sick, as most of
us eventually do, where do they go? When they don't have
benefits, they go to our emergency rooms and our hospitals, and
that has been a problem, as well.
So those are the three things we would actually ask for.
Mr. King. Thank you. Thank you, Madam Chair. I yield back.
Mr. Cortes. Madam Chair? Madam Chair, may I have a
statement? May I make a statement, please?
Ms. Lofgren. I think what we need to do is go to Mr.
Gutierrez, under the 5-minute rule, and he may want to let you
speak first as part of his questioning.
Mr. Gutierrez?
Mr. Gutierrez. I was immediately going to go to Reverend
Cortes because I think it is unfair to make an accusation of a
panel member and then not allow that panel member to respond to
the accusation. I think that is fundamentally un-American, as
far as I am concerned.
And while my parents only spoke Spanish, I was blessed with
some use of the English language, limited as it might be.
So, Reverend Cortes, please feel free to answer.
Mr. Cortes. Thank you.
Mr. King, I want to raise the fact that if you would have
read my testimony, you would have seen that in the testimony, I
stated clearly that we need to close the border and that the
United States, as a sovereign Nation, has a right to do on its
border what it pleases.
So I never said that we were one country or open borders.
That has never been the position of the clergy in this country.
Secondly, I want to raise a question about the issue of
rule of law. Rule of law, under the rule of law, Jesus Christ
was crucified. It was the law of the land at the time. Separate
and equal was also part of the law in this country. It didn't
mean it was a stupid law. It just meant it was the law.
We have 12 million who are here. They are here, and unless
you want to start a program of some sort and trace them down
and chase 12 million people with their three million American
children, if you want to do that, then you just say it.
But to hide behind the statement of rule of law is wrong.
Mr. King. Madam Chair, this is going beyond the bounds.
Ms. Lofgren. The gentleman from Illinois controls the time.
Mr. Gutierrez. Thank you.
Thank you very much for your answer.
Let me just say that I think that when we have a debate and
we have people come here, like Mr. Wasilewski, who has come
here, who has talked about--you are going to become an American
citizen.
He speaks English. He came here to this country, developed
a business, he speaks English. He is going to become an
American citizen.
And then we have Petty Officer Gonzalez, who is going to
give his third term, his third time, his third deployment back
to Iraq.
And then to come to question and to say to the panelists,
``By god, you didn't mention that you love America, you didn't
mention that you want to learn English, you didn't mention how
great this country is.'' What greater sacrifice and what
greater tax can a citizen pay than the tax of their body and
the tax of their blood, as Petty Officer Gonzalez has done and
continues to do for each and every one of us?
Shame on any institution that has a panel such as this and
then questions their Americanism, questions the kinds of right
to say ``I love this country.'' We say that each and every day.
Mr. Wasilewski, I look forward to when you raise your hand
up. I want you to raise your hand up with your wife. I want her
to be there with you, with your American citizen children.
Petty Officer Gonzalez, I want you to do it. Yes, there are
more. I remember and I have the name of Army Specialist Alex
Jimenez. Do you know how many hundreds of his comrades went out
there in harm's way to find him when he was taken prisoner? And
he hasn't shown up yet.
And while he is taken prisoner, what does his wife in
Massachusetts get? An order for deportation from the United
States of America.
So these aren't isolated cases. So when you are looking for
the undocumented, remember, when a county, a municipality, a
village goes out hunting for the undocumented, saying they
shouldn't have housing, saying they shouldn't have healthcare,
remember, you are going to come across the wives of servicemen
who are out in Iraq.
Be careful what you wish for, because it will truly be an
un-American experience to have such an individual as Mr.
Gonzalez, Petty Officer Gonzalez come here and then, all of a
sudden, he decides, well, he is going to live in this county
and this county wants to enforce a certain law and you don't
have papers, ``Out of my county, arrested, I am sending you to
deportation.''
Be careful. The community is an interwoven community. Truly
they are my neighbors. Their children play with my children.
And I want to know that if harm comes to my child, that that
undocumented child will feel the freedom to call the police so
that we can get rid of the criminals together.
We are not for criminals here on this Committee or those
who support comprehensive immigration reform.
And I would like to go lastly to my friend from Illinois.
What do you think we need to do, Josh, politically? Where do
you think we are politically right now and what steps do you
think we need to take here in the Congress of the United
States?
Mr. Hoyt. I think there needs to be a decision by both
parties that we have to look for solutions. The idea that we
can scapegoat people and use racially charged political
organizing tactics to try and save our political skins I think
is repugnant, and the idea that we can hide behind lip service
and not address this issue I think is cowardly.
I think we really need Congress to put on its long pants
and act like grownups and fix a problem that is crisis for this
country.
Mr. Gutierrez. And I would just like to say that, look,
people are going to die in the desert, they are going to
continue to die in the desert. Servicemen are going to continue
to be separated from their spouses. There is going to continue
to be pain in this country.
And I would just like to say, from my side of the aisle,
Democrats, we are in the majority. We got elected to lead. Let
us lead on this issue, and let us figure out comprehensive
immigration reform.
And I just want everybody to understand, the first panel,
there were three Republicans and one Democrat on the first
panel. We invited them to come forward.
I understand this needs to be done in a comprehensive and
in a bipartisan manner.
And I thank, Reverend Cortes, thank you for the work. I am
sorry you didn't get to answer your question. I am happy I had
the time to give you.
Thank you so much to all of the panel.
Ms. Lofgren. The gentleman's time has expired.
The gentlelady from Texas, Ms. Sheila Jackson Lee, is
recognized for 5 minutes.
Ms. Jackson Lee. Thank you very much, Madam Chair. And let
me thank the witnesses.
The work we do in this Congress warrants overlapping
hearings and meetings and Rules Committee, and so to those who
have given their testimony, let me offer an apology for not
hearing all of your testimony. But I would almost say, without
any effort at providing any greater knowledge than others, you
know that I have been around this barn before.
And I think it is extremely important that we take the
challenge that was given to us by the previous panel, that this
House can move forward. This House can move in a bipartisan
manner. This House, the people's House, can move and be
responsive to a number of issues that rarely generate, I think,
the divisiveness immigration reform has generated.
I remember last August we were on a round robin visiting
all over the country, and there was an attempt to bring us back
in September with the divide of the country even wider than we
have ever seen it before.
Interestingly enough, the proponents of immigration reform
were not to be daunted. They were there and they were a wide
range of individuals, a wide range of Americans, strongly, the
faith community, businesspersons, average citizens, people of
goodwill, small businesses, and people who look at this from a
practical perspective.
Just a few weeks ago, I had to intervene on two religious
workers who were getting ready to be deported because of an
inconsistency in understanding whether or not the Assemblies of
God equaled a nondenominational church. They were religious
workers, they were legitimate, but they were on the road of
deportation because of a fine line of inconsistency in the law.
So I am troubled by people who don't think that we need to
fix the law in order for people to abide by the law.
And I want to go after this issue of whether or not this is
amnesty. Go back to the 1980s and you will know what amnesty
was all about.
This is, in fact, an earned access to legalization--I want
to go back to the old terminology--which means that you have
several hurdles to cross over before you can be, in essence, on
the pathway to earning access to legalization. And I think we
divide if we continue to use that term, because it is, in
essence, a word of divisiveness.
No one likes to see someone get something for nothing. But
when you take an American on an individual basis, they
understand equity and they understand fairness.
Let me quickly pose questions and I would appreciate it.
Mr. Wasilewski, you have experienced the fear and the
fright of deportation, is that not----
Mr. Wasilewski. Yes.
Ms. Jackson Lee. Do you expect it to be reasonable to
divide families and to expect the deportation minimally of
seven million people?
Mr. Wasilewski. I have experience with deportation. I feel
we lost with the system. The immigration system now is sick.
What is really important is my goal, what I would change is--if
a family is together, our accounts were overthrown.
We can't just separate the family. I am from the country,
from Poland, where we had communism for 45 years. We had the
second World War. It was war, but for me, in America, we need
those people. We need those people. We need to let people just
to work in restaurants and hotels and we need to document them,
not amnesty, not green cards, but documents.
Ms. Jackson Lee. Something to fix the system.
Mr. Wasilewski. Yes.
Ms. Jackson Lee. So you are not here sitting here saying
let us flaunt against the law, let us break the law forever.
You are asking for the Congress to accept its duty of fixing
the system. Is that what you are saying?
Mr. Wasilewski. Yes, begging the Congress.
Ms. Jackson Lee. And will you adhere to a fixed system?
Will you get in line and make the new laws work by giving you
an opportunity to earn access to legalization?
Mr. Wasilewski. Yes.
Ms. Jackson Lee. I thank you. I thank you.
Ensign, is it correct? Petty Officer Second Class Gonzalez,
let me thank you for your service. And I did not hear your
testimony, but let me not go directly to your testimony, sir,
and to say you are wearing a uniform. And I imagine, in that
uniform, you took an oath to adhere to the laws of the United
States.
Mr. Gonzalez. Yes, ma'am.
Ms. Jackson Lee. And you would not openly violate those
laws.
Mr. Gonzalez. Under the United States Code of Military
Justice, I am not allowed to answer that question.
Ms. Jackson Lee. All right. Then I will simply say that you
want to abide by laws as much as you can, is that true?
Mr. Gonzalez. Yes.
Ms. Jackson Lee. And in thanking you for your service,
would you view a fixed immigration system to be helpful to you
and your family members and others?
Mr. Gonzalez. Yes, ma'am.
Ms. Jackson Lee. And you would look forward to that reform.
Mr. Gonzalez. Yes, as promptly as possible.
Ms. Jackson Lee. I thank the distinguished members of the
panel.
Ms. Lofgren. Thank you. The gentlelady's time has expired.
Without objection, I will place into the record a statement
from Congresswoman Hilda Solis that she has asked to be made a
part of the record.
[The statement of Ms. Solis is inserted in the Appendix.]
And I would like to thank all of you for sticking with us
on this lengthy day. I think that the testimony we have heard
today is significant and important. I believe that we need to
reform our laws from A to Z and maybe we start at M, but we
have got to get this job done at some point and how we tackle
it is a challenge, but I think having this hearing is going to
help us.
It will be a foundation for moving forward and your
testimony will help, as well.
So thank you all very, very much.
This hearing is adjourned. We have 5 legislative days to
submit additional questions and if we do have additional
questions, we ask that you answer them as promptly as possible.
[Whereupon, at 4:34 p.m., the Subcommittee was adjourned.]
A P P E N D I X
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Material Submitted for the Hearing Record
Prepared Statement of the Honorable Hilda L. Solis, a Representative in
Congress from the State of California
I am pleased that the Subcommittee is holding this hearing on H.R.
1645, the STRIVE Act. The United States needs effective, comprehensive
immigration reform that strikes a balance between national security and
a path to legal permanency for hard-working immigrants. This
legislation provides the important framework to begin overhauling our
broken immigration system by protecting and enforcing our borders while
respecting the hard work and contributions of immigrants to our
country.
Throughout our nation's history, our country has welcomed
immigrants, recognizing the enormous economic and cultural
contributions that immigrants have made to this nation. It is important
that we continue to honor this tradition. Unfortunately, our
immigration system is broken, leaving hard working and law abiding
individuals in the shadows of society. For this reason, I strongly
support comprehensive immigration reform which provides for family
reunification, earned legalization, educational opportunities, and
honors our tradition as a nation of immigrants.
Whether it is a family member, a friend, the person who sits next
to us in church, or the person who picks the fruits and vegetables we
eat everyday, we are all touched by immigrants and affected by the lack
of comprehensive and realistic immigration reform.
I am hopeful that this Congress will have the opportunity to
consider the Strive Act, as it represents a critical first step to
fixing our fragile immigration system in a comprehensive manner.
Prepared Statement of the United States Commission on
International Religious Freedom
Prepared Statement of the National Council of La Raza (NCLR)