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H.R.1645
Title: To provide for comprehensive immigration reform, and for other purposes.
Sponsor: Rep Gutierrez, Luis V. [IL-4] (introduced 3/22/2007)      Cosponsors (73)
Latest Major Action: 9/6/2007 House committee/subcommittee actions. Status: Subcommittee Hearings Held.
SUMMARY AS OF:
3/22/2007--Introduced.

 

Security Through Regularized Immigration and a Vibrant Economy Act of 2007 or STRIVE Act of 2007- Prohibits the Secretary of Homeland Security from implementing the New Worker Program established in title IV or grant conditional nonimmigrant classification under title VI of this Act prior to certification to the President and to Congress that specified conditions have been met respecting: (1) border security; (2) document security; and (3) first phase implementation of the electronic employment verification system.

Sets forth border security and enforcement provisions, including provisions respecting: (1) personnel and asset increases and enhancements; (2) a National Strategy for Border Security; (3) border security initiatives, including biometric data enhancements and a biometric entry-exit system, and document integrity, (4) international cooperation; (5) Central American gangs; and (6) National Guard use on the southern border.

Authorizes a border relief grant program for a tribal, state, or local law enforcement agency in a county: (1) no more than 100 miles from a U.S. border with Canada or Mexico; or (2) more than 100 miles from any such border but which is a high impact area.

Sets forth protections for asylum seekers and other immigrants who are subject to expedited removal and/or detention. Establishes within the Department of Homeland Security (DHS) an Office of Detention Oversight. Provides for a secure (detention) alternatives program.

Directs the Secretary to develop a plan to combat human smuggling.

Sets forth interior enforcement provisions, including provisions respecting: (1) criminal aliens; (2) voluntary departure; (3) expedited removal; (4) background checks; (5) the state criminal alien assistance program; (6) tribal lands security; (7) state and local enforcement of immigration laws; (8) detention and alternatives; (9) passport and immigration fraud; (10) illegal entry and reentry; (11) detention and removal; (12) criminal penalties; (13) alien street gang members; and (14) alien smuggling.

Makes it unlawful to knowingly hire, recruit, or refer for a fee an unauthorized alien. Sets forth verification provisions.

Provides for implementation of an electronic employment verification system, which shall include required, voluntary, and excluded employer categories.

Sets forth system provisions respecting: (1) procedures; (2) criminal and civil penalties; and (3) privacy and anti-discrimination safeguards.

Provides for additional worksite and fraud detection personnel.

Establishes a temporary guest worker program (H-2C visa) (New Worker Program) of 400,000 initial entrants. Provides for: (1) a three-year admission with one additional three-year extension; (2) issuance of H-4 nonimmigrant visas for accompanying or following spouses and children; (3) U.S. and guest worker protections; (4) implementation of an alien employment management system; (5) specified employer obligations; and (6) establishment of a Standing Commission on Immigration and Labor Markets.

Provides for H-2C adjustment of status to permanent resident if the alien: (1) has been employed in H-2C status for a cumulative period of at least five years and establishes evidence of employment; (2) pays a $500 application fee; (3) is physically present in the United States; and (4) is pursuing English language and U.S. history education.

Directs the Secretary of State to negotiate bilateral agreements with H-2C worker home countries.

Sets forth backlog reduction provisions respecting: (1) family-sponsored and employment-based immigrant levels, including recapture of unused visas; (2) country limits; (3) immigrant visa allocations; (4) shortage occupations; (5) nurses and physical therapists; (6) Iraqi and Afghan translators; (7) aliens of extraordinary artistic ability; (8) Canadian powerline workers and boilermakers; (9) aliens in specialty occupations; (10) U.S. educated immigrants; (11) students; (12) L-visa (intracompany transfer) aliens; and (13) minor children and widows.

Provides for status adjustment filing of qualifying employment based immigrants regardless of whether an immigrant visa is immediately available.

Establishes a special immigrant category for certain children and women at risk of harm.

Exempt sons and daughters of Filipino World War II veterans who were naturalized under the Immigration Act of 2090 from worldwide or numerical limitations on immigrant visas.

Provides that determinations under the Haitian Refugee Immigration Fairness Act of 2098 as to whether an individual is a child of a parent shall be made using the individual's age and status on October 21, 2098.

Expands the S-visa (witness/informant) classification.

Limits the L-visa (intracompany transfer) classification.

Replaces the existing fashion model H-1B visa classification with an O-visa classification.

Return of Talent Act - Directs the Secretary to establish the return of talent program to permit eligible aliens to temporarily return to their country of citizenship in order to make a material contribution if the country is engaged in post-conflict or natural disaster reconstruction activities.

Major Disaster and Emergency Victims Immigration Benefits Preservation Act - Sets forth disaster- or emergency-related immigration benefit preservation provisions respecting: (1) special immigrant status; (2) filing or reentry deadline extensions; (3) surviving spouses and children, including surviving spouses and children of refugees and asylees; (4) waiver of public charge inadmissibility grounds; (5) age-out protection; (6) documents and address requirements; and (7) foreign students.

Authorizes a six-year conditional nonimmigrant status for a qualifying alien (and spouse and children as conditional nonimmigrant dependents) who has been illegally and continually present and employed in the United States since before June 1, 2006 up to the present. Requires: (1) criminal and security background checks; (2) payment of a $500 fine and applicable application fees; and (3) payment of tax obligations. Prohibits such status for an alien who has: (1) participated in persecutions; or (2) been convicted of a felony or three or more misdemeanors. Permits permanent resident status adjustment.

Development, Relief, and Education for Alien Minors Act of 2007 or DREAM Act of 2007 - Repeals the denial of an unlawful alien's eligibility for higher education benefits based on state residence unless a U.S. national is similarly eligible without regard to such state residence.

Authorizes the Secretary to cancel the removal of, and adjust to conditional permanent resident status, an alien who: (1) entered the United States before his or her sixteenth birthday, and has been present in the United States for at least five years immediately preceding enactment of this Act; (2) is a person of good moral character; (3) is not inadmissible or deportable under specified grounds; (4) at the time of application, has been admitted to an institution of higher education, or has earned a high school or equivalent diploma; and (5) from the age of 16 and older, has never been under a final order of exclusion, deportation, or removal.

Sets forth the conditions for conditional permanent resident status.

Agricultural Job Opportunities, Benefits, and Security Act of 2007 or AgJOBS Act of 2007 - Directs the Secretary to confer "blue card status" upon an alien who: (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; 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.

Directs the Secretary to adjust a blue card alien (and spouse and minor children) to permanent resident status if the alien has fulfilled specified periods of agricultural employment.

Amends the Social Security Act to exempt blue card aliens from prosecution for social security-related identity or payment false statements if such conduct occurred prior to the granting of blue card status.

Revises H-2A visa (agricultural labor or temporary or seasonal services) provisions. Replaces the existing labor certification requirement with a labor attestation requirement containing: (1) a description of the nature and location of the job; (2) the job's expected beginning and ending dates; (3) the number of jobs; and (4) specified labor assurances respecting job opportunities covered by collective bargaining agreements and non-covered job opportunities.

Authorizes an initial entry, adjustment, and citizenship assistance grant program.

Strengthening American Citizenship Act of 2007 - Directs the Chief of the Office of Citizenship of DHS to provide grants to assist legal U.S. residents who declare an intent to apply for citizenship in the United States to meet naturalization requirements.

Provides that a legal U.S. resident who demonstrates English fluency will satisfy the residency requirement upon the completion of four years (currently, five years) of continuous U.S. legal residency.

Directs the Secretary to establish an American citizenship grant program for qualified entities to provide civics, history, and English classes to promote the patriotic integration of prospective citizens.

Authorizes the Secretary to establish the United States Citizenship Foundation to support the functions of the Office of Citizenship.

Establishes a new citizens award program to recognize citizens who: (1) have made an outstanding contribution to the United States; and (2) were naturalized during the ten-year period ending on the date of such recognition.

Authorizes the Secretary of State to award a grant to a U.S. land grant university to establish a national program for a broad, university-based Mexican rural poverty mitigation program.

Provides for increases in DHS immigration attorneys and Department of Justice immigration attorneys and judges.

Expresses the sense of Congress that an effective and fair immigration court system should be established.

Sets forth citizenship assistance provisions for members of the Armed Forces.

Provides permanent resident status adjustment or cancellation of removal and permanent resident status adjustment for a requesting alien who was on September 10, 2001, the wife, child, or dependent son or daughter of a lawful nonimmigrant alien who died as a result of the September 11, 2001, terrorist attacks against the United States.

Authorizes an alien who is under removal or ordered to depart voluntarily from the United States to apply for such status adjustment.

Excludes from such provisions an alien who is: (1) inadmissible or deportable under criminal or security grounds, including September 11, 2001, terrorist activity; or (2) a family member of such an alien.

Establishes: (1) the Office of Internal Corruption Investigation; (2) the State Impact Assistance Account; and (3) the New Worker Program and Conditional Nonimmigrant Fee Account; and (4) the Immigrant Entrepeneur Regional Account Center.

Provide permanent resident status adjustment for certain persecuted religious minorities.

Establishes grants for state courts to implement programs to assist individuals with limited English proficiency to understand court proceedings.

Provides for notice and hearing if DHS intends to remove an alien to a country other than the one designated at the removal hearing.

Requires that Department of State and Department of Justice immigration documents comply with specified authentication, documentation, and machine readable standards.

--------------------------

H.R.1645

STRIVE Act of 2007 (Introduced in House)

Beginning
March 22, 2007
 
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    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. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
    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.
    `Sec. 556. 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. 3291. 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. 362. CONSTRUCTION.
    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. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.
    SEC. 216. LAUNDERING OF MONETARY INSTRUMENTS.
    SEC. 218. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED WITH FEDERAL OFFENSES.
    SEC. 220. 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. 1541. Trafficking in passports
    `Sec. 1542. False statement in an application for a passport
    `Sec. 1543. Forgery and unlawful production of a passport
    `Sec. 1544. Misuse of a passport
    `Sec. 1545. Schemes to defraud aliens
    `Sec. 1546. Immigration and visa fraud';
    `Sec. 1548. Attempts and conspiracies
    `Sec. 1549. Additional jurisdiction
    `Sec. 1550. Authorized law enforcement activities
    `Sec. 1551. Definitions
    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. 318. PREREQUISITE TO NATURALIZATION; BURDEN OF PROOF.
    SEC. 233. AGGRAVATED FELONY.
    SEC. 234. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE, REMOVAL, AND ALIEN SMUGGLING.
    `SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.
    SEC. 235. ILLEGAL ENTRY.
    `SEC. 275. ILLEGAL ENTRY.
    SEC. 236. ILLEGAL REENTRY.
    `SEC. 276. REENTRY OF REMOVED ALIENS.
TITLE III--EMPLOYMENT VERIFICATION
 
    SEC. 301. EMPLOYMENT VERIFICATION.
    `SEC. 274A. 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. 218A. ADMISSION OF H-2C NONIMMIGRANTS.
    SEC. 403. EMPLOYER OBLIGATIONS.
    `SEC. 218B. EMPLOYER OBLIGATIONS.
    SEC. 404. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.
    `SEC. 218C. 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. 520. DETERMINATIONS UNDER THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 2098.
    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.
    `SEC. 317A. TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN THE 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. 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.
    `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.
    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.


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COMPARISON OF IMMIGRATION PROPOSALS

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Jackson-Lee (HR 2092)

Introduced 5/4/05; No further action

Kennedy-McCain

(S. 1033/H.R. 2330)

Collapsed into Sen. Compromise Bill, S. 2611

Sensenbrenner (HR 4437)

Introduced 12/6/05

Passed House 12/16/05

“Compromise Bill” (S. 2611)

Introduced 4/7/06

Passed Senate 5/25/06

LEGALIZATION

 

Provides Lawful Permanent Resident (LPR) status for those who have been here continuously for at least 5 years at the time the bill is enacted, have good moral character, and no criminal offenses.

Any student who has lived in the US and attending school for at least 5 years may apply at any time, even after the effective date of the bill.

Updates the registry to 2086.

Creates the H-5B visa for current undocumented U.S. residents.

H-5B visa for 6 years. After meeting conditions of this visa, may apply for Lawful Permanent Resident (LPR) status (not guaranteed)

Must meet English and Civics requirements

Pay all back taxes and pass background checks

Cost: $2,000 in fines and fees

Spouses and minor children may also apply for H-5B status.

Students under 21 may substitute school for work for the 6 year requirement.

Employers who provide workers with documentation of past work history are given “amnesty” from fines for any previous violations of employer sanctions.

Who is ineligible?

Individuals with criminal convictions, national security concerns

None.

Creates a legalization program for 4 Groups of individuals.

Group 1: “Earned Adjustment” [Individuals in US before4/5/01]*

Group 2: “Deferred Mandatory Departure (DMD)” [Individuals who entered between 4/5/01 and 1/7/04]*

Group 3: AgJOBS [Worked in agriculture for at least 2 years]*

Group 4: DREAM [Benefits certain long-term residents who entered when they were children]*

*For more detail on eligibility and ineligibility provisions, SEE the Appendix table “Eligibility & Ineligibility Provisions in ‘Compromise Bill’ (S. 2611)” at the end of this document.

For Groups 1-4, removal will be suspended if show basic eligibility for legalization program. SEE “Detention” and “Smuggling” below for more bases for ineligibility.

GUEST WORKERS

No new guestworker program proposed.

Fees paid by employers under existing guestworker programs to be used for job training in rural and inner city areas especially in communities of color.

Employers using existing guest worker programs must first show efforts to hire local workers.

Creates H-5A visa for workers outside of agriculture.

Applicants must have offer of employment.

Term of visa is 3 years and is renewable for one time for another 3 years.

Employers not required to offer prevailing wages; must list available jobs in a database before hiring H-5A workers.

Workers may change jobs; must pay $500 upon application.

Cap of 400,000 visas for the first year may be modified once the cap is reached.

After 4 years, H-5A visa holders may apply for LPR status. Employers may petition for LPR visas for workers at any time.

Who is ineligible?

Workers unemployed for more than 45 days may be subject to deportation.

None.

Creates 200,000 new H-2C nonimmigrant worker visas annually.

Person must have job offer, pay $500 fee.

Visa good for 3 years, and could be renewed once for a total of 6 years.

H-2C worker may apply for permanent residence through employer (labor certification) or self-petition after 4 years if DOL certifies labor shortage and submits documents from federal agencies that establish current employment.

Program open to any industry (except in occupations where unemployment rate is 9%) but employer must go through certification process.

May travel out of the US.

Must leave the country if unemployed for 60 or more consecutive days (exceptions: must demonstrate disability or “reasons beyond control”).

Includes spouses and children under 21.

Could change jobs but limited to employers participating in H-2C program (portability).

Whistleblower protections for employees.

Employer may not deny any right to employee under applicable federal, state, or local labor or employment law.

Limited right to sue employer for violations of this program.

Must be paid prevailing wage as per DOL statistics.

H-1B temporary work visa cap is raised to 115,000 per year (up from 65,000 currently).

Visa number may grow to meet market demand

Removes numerical cap on entry of foreign nurses.

EMPLOYER SANCTIONS

 

No change.

Fines will increase for employers who hire undocumented workers.

SSA will become responsible for verifying worker status under new electronic immigration verification system. Essentially, “no match” checks would be institutionalized.

DOL inspectors, responsible for responding to complaints of unpaid wages or overtime, will be required to examine employers’ records of worker immigration status.

Creates phone and Internet-based employment eligibility verification system.

Eliminates I-9 process.

Creates hefty new fines for employers who hire undocumented individuals.

Creates mandatory new Social Security card for immigrants.

Eliminates paper I-9 process and creates mandatory electronic verification system to verify employment eligibility.

Eligibility would be required only of new employees as of the date set forth in the Act.

Some employers may be required to verify immigration status of ALL employees if they are designated a “critical employer.”

Penalties for employers who falsely verify employees’ status.

Drastically limits documents that can be used to prove work authorization.

Employers are required to report to DHS any information that would assist in the enforcement of immigration law, including nonconfirmation of worker’s eligibility.

Adds 2,000 agents annually to investigate unlawful employment of immigrants and 1,000 agents annually to investigate immigration fraud.

Enacts anti-discrimination, privacy, and due process protections for workers.

BORDER ENFORCEMENT

Will increase number of border and airport inspectors.

Will increase enforcement on commercial smuggling / trafficking operations.

 

Mandates DHS to develop “National Strategy for Border Security.”

Increases aerial and ground surveillance.

Incorporates information sharing between governments

Builds 700 more miles of wall along US-Mexico border at a cost of $2.2 billion.

Calls for feasibility study of building wall at US-Canada border.

Mandatory cross-border agreements with Canada and Mexico.

Creates a Red Zone Defense Border Intelligence Pilot Program in Arizona.

Mandatory detention of all noncitizens (except Cubans) attempting to enter US unlawfully.

Expands expedited removal to all US borders, including to anyone caught within 100 miles of the border who cannot prove that they have been here more than 14 days.

Expands expedited removal to noncitizens who are inadmissible on criminal grounds.

Increases aerial and ground surveillance.

Builds 370 miles of fencing and 500 miles of vehicle barriers.

Adds 2,400 Border Patrol agents each year through 2011 (current number: 11,300).

Authorizes use and mandates study for expanded use of technology surveillance (including unmanned vehicles and aerial surveillance).

Expands expedited removal to all US borders to anyone caught within 100 miles of the border who cannot prove that they have been here more than 14 days.

Mandatory detention for all individuals “illegally entering” U.S. – exceptions: Cubans, Mexicans, some asylum seekers.

Authorizes use of National Guard at southern border.

Allows DHS to deploy 1,000 border patrol agents in event of international border security emergency.

WORKERS’ RIGHTS

Makes discrimination against a worker due to immigration status an unfair labor practice.

Requires DOL to conduct a national study on extent of violations of immigrant worker rights.

Guest workers covered by FLSA and other employment laws.

May not be used to replace striking workers.

Foreign labor contractors must be registered. Only remedy for violations is an investigation at the discretion of DOL .

No appellate process provided. Extends INA protections against citizenship and national origin discrimination to LPRs as well as temporary workers under the H-5A and H-5B programs.

Strengthens anti-discrimination provisions.

None.

Very limited worker protections for some programs, e.g., AgJOBS and H-2C guestworker program (see above).

Requires Census Bureau to conduct an Immigration Impact Study to examine the impact of legal and undocumented immigrants on the quality of life in the U.S.; also mandates the creation of a Temporary Worker Task Force to study the impact of temporary workers on U.S. market.

JOB TRAINING

 

Fees paid by applicants for legalization or employers under existing guest worker programs must be used for job training or creation in communities with historically high records of unemployment.

None provided.

None provided.

None provided.

FAMILY AND EMPLOYMENT-BASED IMMIGRATION

 

Doubles annual cap of family visas to 960,000.

Fiancée's, spouses, or children of LPRs may enter country while petition pending.

Relaxes restrictions on widows, children born out of wedlock, orphaned, abandoned nieces, nephews, or grandchildren.

Eliminates affidavit of support as condition for admissibility.

Redistributes visas in family (immediate family members exempt from family-based immigrant visas) and employment-based categories and doubles number of employment-based visas.

Relaxes financial requirements for sponsors.

None.

Exempts spouses and children (immediate family members) from existing caps on family-based immigrant visas. This would free up 254,000 visas annually from the current cap of 480,000 for other family and employment based visa categories.

Allows spouse/child of US citizen to continue with application if US citizen petitioner dies.

US citizens and LPRs convicted of certain crimes prohibited from petitioning for family members

Employment-based green cards increased to 650,000 annually (up from 140,000 currently), including spouses and children.

ASYLUM AND REFUGEE ISSUES

Would establish parity between Haitian and Cuban refugees. Permits adjustment of status to Haitian nationals physically present in the US for at least 1 year.

Eliminates mandatory detention of Haitian asylum seekers.

Grants LPR status to longtime Liberian asylum seekers.

Allows “gender” to qualify as a basis for asylum.

Eliminates 1-year filing requirement for asylum seekers.

Makes LPR status available to recipients of temporary protected status after 5 years.

None.

 

New aggravated felony penalties bar asylumees from applying for green card.

Changes statutory requirements for withholding of removal.

Denies asylum to individuals based on their suspected activity related to terrorism or other security-related reasons at the whim of the Attorney General.

DETENTION, DEPORTATION, AND ACCESS TO THE COURTS

Eliminates mandatory detention in expedited removal proceedings, misdemeanors as basis for deportation, and retroactive changes in grounds of inadmissibility and removal; restores section 245(i) and makes it a permanent provision; restores suspension of deportation.

Allows defrauded immigrants to sue unscrupulous immigration law practitioners.

 

Makes unlawful presence a felony.

Smuggling definition includes immigrants who provide basic services or assistance to immigrants.

Drastically curtails access to the circuit courts of appeal by creating a truncated, one-judge screening process for petitions for review of removal orders.

Makes many more minor crimes into aggravated felonies (retroactivity provision inserted).

Seeks to overturn Supreme Court decisions on the immigration consequences of minor criminal convictions.

Creates a new deportability ground for one DUI offense.

Creates new grounds of inadmissibility for those who are convicted of the following types of offenses: misusing Social Security cards; fraud in connection with ID documents; aggravated felonies; unlawfully procuring citizenship; and domestic violence-related offenses such as stalking, child abuse, neglect or abandonment, or having violated a restraining order.

Expands document fraud offenses to include extremely minor offenses, and makes many more document fraud offenses into aggravated felonies

Legalizes indefinite detention by overturning Supreme Court rulings and grants unreviewable authority to DHS to indefinitely detain more classes of noncitizens.

Immigration violators would be added to the National Crime Information Center database.

Broad new powers for “re-detention” of individuals who were ordered released.

Expands categories of deportable offenses.

Drastically alters naturalization process by creating new bars and requirements.

Expands administrative removal to include individuals who are inadmissible.

Allows secret evidence to be used to deport individuals alleged to be terrorists.

Visa denials to nationals of countries who do not accept nationals who have final orders of removal.

Graduated hefty monetary and civil fines for failing to abide with voluntary departure order.

Allows DHS to cancel nonimmigrant visas (e.g., students, tourists) and requires waiving access to immigration courts before visa is granted.

Reverses burden of proof for

those charged with aggravated felonies.

Adds 10,000 new detention beds and allows military bases to be used as detention centers.

Imposes mandatory minimum sentences for many offenses.

Mandatory detention/deportation of individuals associated with gangs, even if have not committed a crime.

Prevents federal courts from reviewing naturalization denials

Grants wide discretion to DHS to determine “good moral character” and makes those decisions unchallengeable.

Smuggling definition broadened to include transporting, housing, and employment of those who are unlawfully present.

6 months in prison for failure to notify DHS of address change and deportation for failure to file change of address card twice.

Expands document fraud offenses to include minor omissions and admissions such as use of false or someone else’s SSN or name to work. Creates new document fraud aggravated felonies. (But creates new limited waiver for certain legalization applicants.)

Bars person from green card if they admit (conviction not required) a document fraud offense.

Makes illegal entry a misdemeanor crime.

Legalizes indefinite detention by overturning Supreme Court decisions Zadvydas and Martinez and grants unchallengeable authority to extend detention.

Creates new barriers to naturalization and judicial review of naturalization.

Expands definition of aggravated felony to reach minor offenses.

Allows use of evidence (“extrinsic”) outside the record of conviction to establish deportability for certain crimes.

Immigration violators would be added to the National Crime Information Center database.

New penalties for overstaying voluntary departure orders, including fines and broad denial of immigration benefits..

Creates new inadmissibility and deportability grounds for alleged gang members, even if they never committed a crime.

Bars US citizens with certain criminal convictions from sponsoring family members.

Visa denials to nationals of countries who do not accept nationals who have final orders of removal.

Allows secret evidence to be used to deport individuals alleged to be terrorists.

Makes a third DUI conviction (with a 1-year sentence) an aggravated felony, overturning Supreme Court precedent.

Creates exact same sentence enhancements for illegal entry as it does on illegal re-entry.

Adds 20,000 new detention beds and allows closed military bases to be used as detention centers

STATE REIMBURSEMENT

None.

Reimburses border states for detention of undocumented immigrants.

Reimbursements for emergency health services for undocumented.

None.

Provides state reimbursement for costs associated with the prosecution and incarceration of undocumented immigrants.

DIVERSITY VISAS

Doubles number of diversity visas to 110,000 from 55,000.

None.

Eliminates the diversity program.

Alters the diversity visa program by reserving two-thirds of the available 55,000 visas for noncitizens who hold an advanced degree in math, technology, or engineering.

SMUGGLING & TRAFFICKING

 

Adjustment of status or reward may be available for informants of immigrant smuggling operations.

$10 million for state and local investigation and prosecution of traffickers.

Federal agencies to share information to combat trafficking; report to Congress.

Creates new “witness protection” visa as a category of U visa, increasing number from 10,000 to 15,000 per year.

Expands definition of noncitizen smuggling to include assistance to undocumented person.

Expands definition of noncitizen smuggling to include minor acts of assistance to an undocumented person. Limited exception for religious organizations and those providing “humanitarian” services.

Expands smuggling forfeiture provision.

VAWA

 

Provides several protections for victims of domestic violence, sexual assault, and trafficking.

Provides several protections for victims of domestic violence, sexual assault, and trafficking.

None.

VAWA protections extended to some legalization applicants (Group 1 in “Legalization” section).

STATE/LOCAL & OTHER INTERIOR ENFORCEMENT

 

Eliminates authority of state and local agencies to carry out immigration functions.

Allows state and local authorities to prohibit local enforcement of immigration law.

None.

Gives law enforcement agencies authority to enforce immigration laws.

Withholds funding to states who do not enter into cooperation agreements with state agencies or local law enforcement.

Development of an “immigration enforcement pocket guide.”

Mandates local law enforcement to enforce federal criminal immigration law.

Allows states to offer driver’s license that includes citizenship status.

Encourages DHS to enter into agreements with local law enforcement and state agencies to enforce federal immigration law.

Changes the definition of crime of “entry without inspection” to a continuing offense which would make it easier for local police to enforce immigration laws.

Requires that DHS enter into cooperative agreements with local law enforcement to investigate smuggling.

LANGUAGE RIGHTS

 

 

 

English as national language.

English as common and unifying language.

No right to government services or materials in any other language.

Makes the naturalization English and civics test more difficult to pass.

 

 

 

APPENDIX: ELIGIBILITY & INELIGIBILITY PROVISIONS IN “COMPROMISE BILL” (S. 2611)

 

Eligibility Provisions

Who Is Ineligible?

GROUP 1: “EARNED ADJUSTMENT” [INDIVIDUALS IN US BEFORE 4/5/01]

Can apply for work permits for 6 yrs then wait up to 2 more years for current backlog to clear before being granted green card/Lawful Permanent Resident (LPR) status.

Must prove 3 years employment prior to 4/5/06 (some exceptions to work requirement, e.g., over 65+ years, enrolled in school, etc.).

Pass background checks.

Pay all federal back taxes and ineligible to collect refunds prior to 2006.

Pass English/civics test and meet other requirements (limited waiver).

May be disqualified if here legally (e.g., tourist, student, business visa) on 4/5/06, if ever failed to “comply with any request for information,” or if ever committed fraud, such as when seeking employment or fleeing persecution.

Enacts confidentiality protections (gov’t cannot use information for criminal prosecution).

Waiver available for inadmissibility bars. Limited public charge provision, etc.

Cost: $4,000 per applicant in fines and fees.

Sanctions violations waived for employers.

VAWA protections for battered spouse/children.

Criminal penalties for misrepresentations in application

Special rule for determining “public charge” – no cash assistance.

Administrative and judicial review available.

Individuals subject to final orders of removal/deportation.

Individuals who failed to depart after a grant of voluntary departure.

Individuals who are subject to reinstatement of removal after illegal reentry.

Individuals who have been convicted of a “serious crime” in the US or who are believed to have a committed a “serious crime” outside the US.

Individuals who have been convicted of a felony or 3 or more misdemeanors, even if crime committed years ago.

A limited discretionary waiver is available if individuals (1) can show that they failed to receive notice of immigration hearing, or (2) show that their failure to appear was due to exceptional circumstances ,or (3) can demonstrate that their departure would result in extreme hardship to USC or LPR child, parent, or spouse.

Individuals who are inadmissible under INA 212(a)(1), (a)(2), (a)(3), (a)(10)(C) and (a)(10)A) . Limited waiver available except for those inadmissible under health grounds. NO HIV waiver available.

GROUP 2: “DEFERRED MANDATORY DEPARTURE (DMD)” [INDIVIDUALS WHO ENTERED BETWEEN 4/5/01 & 1/7/04]

Must show continuous employment before 1/7/04 (no employment requirement for 65+).

Must not have been legally present on 1/7/04 (could be disqualified if here legally on 1/7/04).

Cannot be unemployed for more than 60 days (limited exceptions).

Must apply in 6-month application period and must pass background checks.

New DMD document permits work and travel.

Work permits expire after 3 years. Can apply for new guestworker visa but must do so from abroad (not subject to 200,000 guestworker cap). Guestworker visa program may provide path to green card or must find another way to immigrate.

Must leave before DMD expires and surrender work permit.

Must concede deportability and waive most rights to contest deportation.

Must be admissible and submit to wide range of questions.

Must surrender Social Security card and any “false” document.

If applying for LPR status, would have to wait up to 8 years for current and Group 1 backlog to clear.

Penalties for failure to leave: Most immigration relief barred for 10 years. Graduated fines imposed on individual who fails to depart after one year of being granted DMD (e.g., after two years of being granted DMD, $3,000 penalty).

Administrative appeal is available, but no judicial review.

Most spouses and children are covered.

Enacts confidentiality protections (cannot use application for future criminal prosecution).

Same as Group 1, EXCEPT for last bullet point

Ineligible if you are a “persecutor.”

Individuals who are not admissible (some inadmissibility grounds do not apply and a limited waiver is available).

 

GROUP 3: AGJOBS [WORKED IN AGRICULTURE FOR AT LEAST 2 YEARS]

First, apply for “Blue Card,” then, after 3 or 5 years (depending on hours/days worked previous years) apply for green card.

18-month application period.

Employer cannot terminate employment except for just cause (provides limited arbitration rights).

May travel out of US.

Ineligible for most public benefits for 5 years.

Special “public charge” rule – demonstrate no cash assistance rec’d

Individuals convicted of 1felony or 3 misdemeanors.

Individuals who served more than 6 months for any crime.

Any individual who is inadmissible. No waiver for most crimes and security grounds e.g. crimes of moral turpitude.

If “Blue Card” was obtained under fraud.

Individual is deportable for not filing for green card.

GROUP 4: DREAM [BENEFITS CERTAIN LONG-TERM RESIDENTS WHO ENTERED WHEN THEY WERE CHILDREN]

 

Must have entered before age 16 and resided in US for at least 5 years.

Must demonstrate good moral character (can look at juvenile delinquencies).

Must have a high school diploma or admitted to a post-secondary institution for higher learning.

After applying, individual becomes conditional permanent resident for 6 years, then petitions for removal of conditions. Removal of conditions based on several factors.

Confidentiality provisions exist.

Individuals who were ordered deported (some exceptions).

Individuals with juvenile delinquencies or convictions or considered to be security risk.

Individuals inadmissible for misrepresentation (limited waiver available).

Individuals who do not meet enrollment requirements during conditional residency.