‘‘Border Security, Economic Opportunity, and Immigration Modernization Act’’
FULL TEXT OF THE 844 PAGE BILL THAT I HAVE, IT DOES NOT CONTAIN CURRENT AMENDMENTS OR PORK THAT WAS/IS/BEING ADDED, BUT IT IS ENOUGH TO UNDERSTAND THE INTENT, PURPOSE AND GOALS THIS BILL IS TO ACHIEVE BY THE PROGRESSIVE/COMMUNIST LEFT LIBERALS IN THE FEDERAL GOVERNMENT TO ELIMINATE ANY AND ALL OPPOSITION TO THEIR PLAN OF TRANSFORMING AMERICA TO A SOCIALIST OLIGARCHY OF A POLICE STATE.
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To provide for comprehensive immigration reform and for other purposes.
IN THE SENATE OF THE UNITED STATES
Mr. SCHUMER (for himself, Mr. MCCAIN, Mr. DURBIN, Mr. GRAHAM, Mr.
MENENDEZ, Mr. RUBIO, Mr. BENNET, and Mr. FLAKE) introduced the
following bill; which was read twice and referred to the Committee on_______________
To provide for comprehensive immigration reform and for
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
‘‘Border Security, Economic Opportunity, and Immigration Modernization Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Statement of congressional findings.
Sec. 3. Effective date triggers.
Sec. 4. Southern Border Security Commission.
Sec. 5. Comprehensive Southern Border Security Strategy and Southern Border Fencing Strategy.
Sec. 6. Comprehensive Immigration Reform Trust Fund.
Sec. 7. Reference to the Immigration and Nationality Act.
Sec. 8. Definitions.
TITLE I—BORDER SECURITY
Sec. 1101. Definitions.
Sec. 1102. Additional U.S. Customs and Border Protection officers.
Sec. 1103. National Guard support to secure the Southern border.
Sec. 1104. Enhancement of existing border security operations.
Sec. 1105. Border security on certain Federal land.
Sec. 1106. Equipment and technology.
Sec. 1107. Access to emergency personnel.
Sec. 1108. Southwest Border region prosecution initiative.
Sec. 1109. Interagency collaboration.
Sec. 1110. SCAAP reauthorization.
Sec. 1111. Use of force.
Sec. 1112. Training for border security and immigration enforcement officers.
Sec. 1113. Department of Homeland Security Border Oversight Task Force.
Sec. 1114. Immigration ombudsman.
Sec. 1115. Reports.
Sec. 1116. Severability.
TITLE II—IMMIGRANT VISAS
Subtitle A—Registration and Adjustment of Registered Provisional Immigrants
Sec. 2101. Registered provisional immigrant status.
Sec. 2102. Adjustment of status of registered provisional immigrants.
Sec. 2103. The DREAM Act.
Sec. 2104. Additional requirements.
Sec. 2105. Criminal penalty.
Sec. 2106. Grant program to assist eligible applicants.
Sec. 2107. Conforming amendments to the Social Security Act.
Sec. 2108. Government contracting and acquisition of real property interest.
Sec. 2109. Long-term legal residents of the Commonwealth of the Northern Mariana Islands.
Sec. 2110. Rulemaking.
Sec. 2111. Statutory construction.
Subtitle B—Agricultural Worker Program
Sec. 2201. Short title.
Sec. 2202. Definitions.
CHAPTER 1—PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
SUBCHAPTER A—BLUE CARD STATUS
Sec. 2211. Requirements for blue card status.
Sec. 2212. Adjustment to permanent resident status.
Sec. 2213. Use of information.
Sec. 2214. Reports on blue cards.
Sec. 2215. Authorization of appropriations.
SUBCHAPTER B—CORRECTION OF SOCIAL SECURITY RECORDS
Sec. 2221. Correction of social security records.
CHAPTER 2—NONIMMIGRANT AGRICULTURAL VISA PROGRAM
Sec. 2231. Nonimmigrant classification for nonimmigrant agricultural workers.
Sec. 2232. Establishment of nonimmigrant agricultural worker program.
Sec. 2233. Transition of H-2A worker program.
Sec. 2234. Reports to Congress on nonimmigrant agricultural workers.
CHAPTER 3—OTHER PROVISIONS
Sec. 2241. Rulemaking.
Sec. 2242. Reports to Congress.
Sec. 2243. Effective date.
Subtitle C—Future Immigration
Sec. 2301. Merit-based points track one.
Sec. 2302. Merit-based track two.
Sec. 2303. Repeal of the diversity visa program.
Sec. 2304. World-wide levels and recapture of unused immigrant visas.
Sec. 2305. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives.
Sec. 2306. Numerical limitations on individual foreign states.
Sec. 2307. Allocation of immigrant visas.
Sec. 2308. V nonimmigrant visas.
Sec. 2309. Fiance´e and fiance´ child status protection.
Sec. 2310. Equal treatment for all stepchildren.
Sec. 2311. International adoption harmonization.
Sec. 2312. Relief for orphans, widows, and widowers.
Sec. 2313. Discretionary authority with respect to removal, deportation or inadmissibility of citizen and resident immediate family members.
Sec. 2314. Waivers of inadmissibility.
Sec. 2315. Continuous presence.
Sec. 2316. Global health care cooperation.
Sec. 2317. Extension and improvement of the Iraqi special immigrant visa program.
Sec. 2318. Extension and improvement of the Afghan special immigrant visa program.
Sec. 2319. Elimination of sunsets for certain visa programs.
Subtitle D—Conrad State 30 and Physician Access
Sec. 2401. Conrad State 30 Program.
Sec. 2402. Retaining physicians who have practiced in medically underserved communities.
Sec. 2403. Employment protections for physicians.
Sec. 2404. Allotment of Conrad 30 waivers.
Sec. 2405. Amendments to the procedures, definitions, and other provisions related to physician immigration.
Sec. 2501. Definitions.
CHAPTER 1—CITIZENSHIP AND NEW AMERICANS
SUBCHAPTER A—OFFICE OF CITIZENSHIP AND NEW AMERICANS
Sec. 2511. Office of Citizenship and New Americans.
SUBCHAPTER B—TASK FORCE ON NEW AMERICANS
Sec. 2521. Establishment.
Sec. 2522. Purpose.
Sec. 2523. Membership.
Sec. 2524. Functions.
CHAPTER 2—PUBLIC-PRIVATE PARTNERSHIP
Sec. 2531. Establishment of United States Citizenship Foundation.
Sec. 2532. Funding.
Sec. 2533. Purposes.
Sec. 2534. Authorized activities.
Sec. 2535. Council of directors.
Sec. 2536. Powers.
Sec. 2537. Initial Entry, Adjustment, and Citizenship Assistance Grant Program.
Sec. 2538. Pilot program to promote immigrant integration at State and local levels.
Sec. 2539. Naturalization ceremonies.
Sec. 2541. Authorization of appropriations.
CHAPTER 4—REDUCE BARRIERS TO NATURALIZATION
Sec. 2551. Waiver of English requirement for senior new Americans.
Sec. 2552. Filing of applications not requiring regular internet access.
TITLE III—INTERIOR ENFORCEMENT
Subtitle A—Employment Verification System
Sec. 3101. Unlawful employment of unauthorized aliens.
Sec. 3102. Increasing security and integrity of social security cards.
Sec. 3103. Increasing security and integrity of immigration documents.
Sec. 3104. Responsibilities of the Social Security Administration.
Sec. 3105. Improved prohibition on discrimination based on national origin or citizenship status.
Sec. 3106. Rulemaking.
Subtitle B—Protecting United States Workers
Sec. 3201. Protections for victims of serious violations of labor and employment law or crime.
Sec. 3202. Employment Verification System Education Funding.
Sec. 3203. Directive to the United States Sentencing Commission.
Sec. 3204. Confidentiality for victims of crime.
Subtitle C—Other Provisions
Sec. 3301. Funding.
Sec. 3302. Effective date.
Sec. 3303. Mandatory exit system.
Sec. 3304. Identity-theft resistant manifest information for passengers, crew, and non-crew onboard departing aircraft and vessels.
Sec. 3305. Profiling.
Subtitle D—Asylum and Refugee Provisions
Sec. 3401. Time limits and efficient adjudication of genuine asylum claims.
Sec. 3402. Refugee family protections.
Sec. 3403. Clarification on designation of certain refugees.
Sec. 3404. Asylum determination efficiency.
Sec. 3405. Stateless persons in the United States.
Sec. 3406. U visa accessibility.
Sec. 3407. Representation at overseas refugee interviews.
Subtitle E—Shortage of Immigration Court Resources for Removal Proceedings
Sec. 3501. Shortage of immigration court personnel for removal proceedings.
Sec. 3502. Improving immigration court efficiency and reducing costs by increasing access to legal information.
Sec. 3503. Office of Legal Access Programs.
Sec. 3504. Codifying Board of Immigration Appeals.
Sec. 3505. Improved training for immigration judges and Board Members.
Sec. 3506. Improved resources and technology for immigration courts and Board of Immigration Appeals.
Subtitle F—Prevention of Trafficking in Persons and Abuses Involving Workers Recruited Abroad
Sec. 3601. Definitions.
Sec. 3602. Disclosure.
Sec. 3603. Prohibition on discrimination.
Sec. 3604. Recruitment fees.
Sec. 3605. Registration.
Sec. 3606. Bonding requirement.
Sec. 3607. Maintenance of lists.
Sec. 3608. Amendment to the Immigration and Nationality Act.
Sec. 3609. Responsibilities of Secretary of State.
Sec. 3610. Enforcement provisions.
Sec. 3611. Rule of construction.
Sec. 3612. Regulations.
Subtitle G—Interior Enforcement
Sec. 3701. Criminal street gangs.
Sec. 3702. Banning habitual drunk drivers from the United States.
Sec. 3703. Sexual abuse of a minor.
Sec. 3704. Illegal entry.
Sec. 3705. Reentry of removed alien.
Sec. 3706. Penalties related to removal.
Sec. 3707. Reform of passport, visa, and immigration fraud offenses.
Sec. 3708. Combating schemes to defraud aliens.
Sec. 3709. Inadmissibility and removal for passport and immigration fraud offenses.
Sec. 3710. Directives related to passport and document fraud.
Sec. 3711. Inadmissible aliens.
Sec. 3712. Organized and abusive human smuggling activities.
Sec. 3713. Preventing criminals from renouncing citizenship during wartime.
Sec. 3714. Diplomatic security service.
Sec. 3715. Secure alternatives programs.
Sec. 3716. Oversight of detention facilities.
Sec. 3717. Procedures for bond hearings and filing of notices to appear.
Sec. 3718. Sanctions for countries that delay or prevent repatriation of their nationals.
Sec. 3719. Gross violations of human rights.
TITLE IV—REFORMS TO NONIMMIGRANT VISA PROGRAMS
Subtitle A—Employment-based Nonimmigrant Visas
Sec. 4101. Market-based H–1B visa limits.
Sec. 4102. Employment authorization for dependents of employment-based nonimmigrants.
Sec. 4103. Eliminating impediments to worker mobility.
Sec. 4104. STEM Education and Training.
Subtitle B—H–1B Visa Fraud and Abuse Protections
CHAPTER 1—H–1B EMPLOYER APPLICATION REQUIREMENTS
Sec. 4211. Modification of application requirements.
Sec. 4212. Requirements for admission of nonimmigrant nurses in health professional shortage areas.
Sec. 4213. New application requirements.
Sec. 4214. Application review requirements.
CHAPTER 2— INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H–1B EMPLOYERS
Sec. 4221. General modification of procedures for investigation and disposition.
Sec. 4222. Investigation, working conditions, and penalties.
Sec. 4223. Initiation of investigations.
Sec. 4224. Information sharing.
CHAPTER 3—OTHER PROTECTIONS
Sec. 4231. Posting available positions through the Department of Labor.
Sec. 4232. H–1B government authority and requirements.
Sec. 4233. Requirements for information for H–1B and L nonimmigrants.
Sec. 4234. Filing fee for H–1B-dependent employers.
Sec. 4235. Providing premium processing of employment-based visa petitions.
Sec. 4236. Technical correction.
Sec. 4237. Application.
Subtitle C—L Visa Fraud and Abuse Protections
Sec. 4301. Prohibition on outplacement of L nonimmigrants.
Sec. 4302. L employer petition requirements for employment at new offices.
Sec. 4303. Cooperation with Secretary of State.
Sec. 4304. Limitation on employment of L nonimmigrants.
Sec. 4305. Filing fee for L nonimmigrants.
Sec. 4306. Investigation and disposition of complaints against L nonimmigrant employers.
Sec. 4307. Penalties.
Sec. 4308. Prohibition on retaliation against L nonimmigrants.
Sec. 4309. Reports on L nonimmigrants.
Sec. 4310. Application.
Sec. 4311. Report on L blanket petition process.
Subtitle D—Other Nonimmigrant Visas
Sec. 4401. Nonimmigrant visas for students.
Sec. 4402. Classification for specialty occupation workers from free trade countries.
Sec. 4403. E–visa reform.
Sec. 4404. Other changes to nonimmigrant visas.
Sec. 4405. Treatment of nonimmigrants during adjudication of application.
Sec. 4406. Nonimmigrant elementary and secondary school students.
Subtitle E—JOLT Act
Sec. 4501. Short titles.
Sec. 4502. Premium processing.
Sec. 4503. Encouraging Canadian tourism to the United States.
Sec. 4504. Retiree visa.
Sec. 4505. Incentives for foreign visitors visiting the United States during low peak seasons.
Sec. 4506. Visa waiver program enhanced security and reform.
Sec. 4507. Expediting entry for priority visitors.
Sec. 4508. Visa processing.
Subtitle F—Reforms to the H–2B Visa Program
Sec. 4601. Extension of returning worker exemption to H–2B numerical limitation.
Sec. 4602. Other requirements for H–2B employers.
Sec. 4603. Nonimmigrants participating in relief operations.
Sec. 4604. Nonimmigrants performing maintenance on common carriers.
Subtitle G—W Nonimmigrant Visas
Sec. 4701. Bureau of Immigration and Labor Market Research.
Sec. 4702. Nonimmigrant classification for W nonimmigrants.
Sec. 4703. Admission of W nonimmigrant workers.
Subtitle H—Investing in New Venture, Entrepreneurial Startups, and Technologies
Sec. 4801. Nonimmigrant INVEST visas.
Sec. 4802. INVEST immigrant visa.
Sec. 4803. Administration and oversight.
1 SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS.
2 Congress makes the following findings:
3 (1) The passage of this Act recognizes that the
4 primary tenets of its success depend on securing the