May 14, 2026
Mr. Tuberville introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To amend the Immigration and Nationality Act to establish a national-interest standard for immigration, end certain family-sponsored immigration categories, revise standards relating to good moral character, eliminate the diversity immigrant category, revise public-charge and sponsor-support rules, revise naturalization requirements, reform employment-based immigration and H–1B visas, eliminate Optional Practical Training absent express statutory authorization, revise asylum procedures, require employment eligibility verification, establish additional penalties relating to unlawful presence and visa overstays, revise parole authority, and for other purposes.
Section 1. Short titles; table of contents
(a) Short titles
This Act may be cited as the American System for Sustainable Immigration and Mass Immigration Limitations Achieved Through Imposing Oversight Nationally Act
or the ASSIMILATION Act
.
(b) Table of contents
Title I Findings, purposes, definitions, and standards
Sec. 101. Findings
Congress finds the following:
(1)
The Immigration and Nationality Act Amendments of 1965 (Public Law 89–236; commonly known as the Hart-Celler Act
), fundamentally changed the United States immigration system by replacing the national origins quota system with a preference system giving priority to extended family-based immigration rather than basing the admission of immigrants on serving the national interest.
(2)
The immigration system established by the Hart-Celler Act has—
(A)
produced consequences that differ substantially from the goals described by the Act's original proponents, including—
(i)
unprecedented levels of chain migration;
(ii)
the creation of the diversity visa lottery under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)); and
(iii)
dramatic increases in overall immigration levels;
(B)
placed strain on public resources;
(C)
suppressed wages and decreased labor-market opportunities for United States workers; and
(D)
tested the ability of the people of the United States to promote assimilation and social cohesion.
(3)
Given that immigration to the United States is not an entitlement, Congress has plenary authority to establish immigration policy that will serve the economic, cultural, and national security interests of the United States.
(4)
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) employs the concept of the national interest in multiple contexts, including employment-based immigration, but does not provide a generally applicable statutory standard for national-interest determinations made for employment-selection purposes.
(5)
Clear definitions and evidentiary rules promote transparency, consistency, and faithful administration of Federal immigration laws.
Sec. 102. Purposes
The purposes of this Act are—
(1)
to ensure immigration policy advances the national interest by establishing a universal national interest standard under which each visa issuance, admission, and adjustment of status affirmatively furthers the economic prosperity, cultural cohesion, and national security of the United States, as determined by the Secretary of Homeland Security under the criteria set forth in this Act; and
(2)
to revise and repeal the central framework established by the Hart-Celler Act by replacing family-chain and lottery-based admissions with a merit-based system that prioritizes economic self-sufficiency, cultural assimilation, and the protection of United States workers.
Sec. 103. Definitions
Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
(54)
The term means-tested public benefit—
(A)
means a cash, medical, housing, nutrition, or other similar public benefit for which eligibility, amount, or duration is conditioned, in whole or in part, on income, resources, or financial need; and
(B)
does not include—
(i)
emergency medical assistance;
(ii)
short-term, non-cash, in-kind emergency disaster relief;
(iii)
public health assistance for immunizations or for the testing or treatment of symptoms of a communicable disease;
(iv)
assistance or benefits under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(v)
foster care or adoption assistance for which an exception is provided under Federal law; or
(vi)
in-kind community-level services necessary for the protection of life or safety, as designated by regulation after consultation with appropriate Federal agencies.
(55)
The term National Interest Occupation means an occupation so designated by the Secretary of Homeland Security pursuant to section 203(b)(4).
(56)
The term objective evidence—
(A)
means independently verifiable evidence, including official records, government data, audited records, binding instruments, contemporaneous business records, or other reliable documentation; and
(B)
does not include unsupported assertions, self-serving statements standing alone, or speculative projections.
Sec. 104. National interest standard
Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) is amended by adding at the end the following:
(j) National interest standard
(1) Application
This subsection shall only apply to provisions of this Act that expressly reference this subsection.
(2) Standard
An alien’s admission, classification, employment, or proposed endeavor shall be deemed to be in the national interest only if such alien establishes, by a preponderance of objective evidence, that such admission, classification, employment, or proposed endeavor is expected to produce a material prospective public benefit for the United States.
(3) Public benefit
A material prospective public benefit referred to in paragraph (2) may include a significant benefit to the economic, cultural, educational, scientific, technological, health, foreign-policy, or security interests of the United States.
(4) Limitations
A determination under paragraph (2) or (3) may not be based solely on—
(A)
the private interest of the alien or of a petitioning employer;
(B)
unsupported testimonial assertions or generalized advocacy;
(C)
speculative, remote, or incidental benefits; or
(D)
a factor that a more specific provision of this Act makes legally insufficient for the benefit sought.
(5) Rules of construction
Nothing in this subsection may be construed—
(A)
to alter the burden of proof required under section 291;
(B)
to displace a more specific statutory criterion, evidentiary requirement, limitation, or bar under this Act;
(C)
to govern any use of the term
national interestin this Act unless the relevant provision expressly references this subsection; or(D)
to apply to section 103(a)(1).
Title II Immigrant and nonimmigrant classifications
Sec. 201. Family-sponsored immigration reform
(a) Immediate relative redefined
Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended, in the first sentence, by striking children, spouses, and parents
and all that follows through 21 years of age
and inserting spouses and unmarried children under 18 years of age of a citizen of the United States
.
(b) Modification of family-Sponsored preference classification
(1) In general
Subsection (a) of section 203 of such Act (8 U.S.C. 1153) is amended to read as follows:
(a) Spouses and minor children of lawful permanent residents
Visas shall be made available, subject to section 201(c), to qualified immigrants who are the spouses or children under 18 years of age of an alien lawfully admitted for permanent residence.
(2) Worldwide level of family-sponsored immigrants
Section 201(c) of such Act (8 U.S.C. 1151(c)) is amended—
(A)
by amending paragraph (1) to read as follows:
(A) In general
The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to—
(i)
88,000; reduced by
(ii)
the number computed under paragraph (2).;
(B)
by striking paragraphs (2), (3), and (5); and
(C)
by redesignating paragraph (4) as paragraph (2).
(c) Nonimmigrant classification for parents of United States citizens
(1) In general
Section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) is amended—
(A)
in subparagraph (T)(ii)(III), by striking the period at the end and inserting a semicolon;
(B)
in subparagraph (U)(iii), by striking ; or
and inserting a semicolon;
(C)
in subparagraph (V)(ii)(II), by striking the period at the end and inserting ; or
; and
(D)
by adding at the end the following:
(W)
subject to section 214(s), an alien who is the parent of a citizen of the United States, if such citizen has attained 21 years of age.
(2) Conditions for admission
Section 214 of such Act (8 U.S.C. 1184) is amended by adding at the end the following:
(s) Parents of citizens of the United States
(1) Period of admission
The initial period of admission for an alien admitted as a nonimmigrant described in section 101(a)(15)(W) shall be 5 years.
(2) Extension
Such period may be extended only if the United States citizen sponsor resides in the United States.
(3) Ineligibility for employment and public benefits
An alien admitted pursuant to a visa for a nonimmigrant described in section 101(a)(15)(W) shall be ineligible for employment and ineligible for any Federal, State, or local public benefit.
(4) Financial responsibility
The United States citizen sponsor shall be financially responsible for the support of such alien.
(5) Health insurance
Admission as a nonimmigrant described in section 101(a)(15)(W) shall require proof of health insurance coverage that does not impose any cost on the alien or on a Federal, State, or local government.
(6) No immigrant status created
Admission as a nonimmigrant described section 101(a)(15)(W) shall not be construed to confer eligibility for immigrant classification or adjustment of status except as otherwise expressly provided by law.
(d) Technical and conforming amendments
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(1)
in section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)), by striking section 203(a)(2)(A)
each place such term appears and inserting section 203(a)
;
(2)
in section 201(f) (8 U.S.C. 1151(f))—
(A)
in paragraph (1), by striking the age requirement in the matter preceding subparagraph (A) of section 101(b)(1)
and inserting the age requirement applicable to classification under such subsection
;
(B)
in paragraph (2), by striking section 203(a)(2)(A)
and inserting section 203(a)
;
(C)
by striking paragraph (3);
(D)
by redesignating paragraph (4) as paragraph (3); and
(E)
in paragraph (3), as redesignated, by striking (1) through (3)
and inserting (1) and (2)
;
(3)
in section 203(h), by amending paragraph (2) to read as follows:
(2) Petition described
The petition described in this paragraph is, with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a) or (b).;
(4)
in section 204 (8 U.S.C. 1154)—
(A)
in subsection (a)—
(i)
in paragraph (1)—
(I)
in subparagraph (A)—
(aa)
in clause (i), by striking paragraph (1), (3), or (4) of
; and
(bb)
by striking clause (vii);
(II)
in subparagraph (B)—
(aa)
in clause (i)—
(AA)
by redesignating the second subclause (I) as subclause (II) and moving such subclause 4 ems to the left; and
(BB)
in subclause (I), by striking 203(a)(2)
and inserting 203(a)
; and
(bb)
by striking 203(a)(2)(A)
each place such term appears and inserting 203(a)
; and
(III)
in subparagraph (D)(i)(I)—
(aa)
by striking 21 years of age
each place such term appears and inserting 18 years of age
; and
(bb)
by striking a petitioner for preference status under paragraph (1), (2), or (3) of section 203(a)
and inserting an individual younger than 18 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as applicable.
; and
(ii)
in paragraph (2)(A)—
(I)
in the matter preceding clause (i), by striking second preference
; and
(II)
in the matter at the end, by striking the term
and all that follows through section 203(a)(2),
and inserting the term spousal petition refers to a petition seeking classification under section 203(a)
;
(B)
in subsection (f)(1), by striking , 203(a)(1), or 203(a)(3), as appropriate
;
(C)
by striking subsection (k); and
(D)
by redesignating subsection (l) as subsection (k);
(5)
in section 212 (8 U.S.C. 1182)—
(A)
in subsection (a)(6)(E)(ii), by striking section 203(a)(2)
and inserting section 203(a)
; and
(B)
in subsection (d)(11), by striking (other than paragraph (4) thereof)
;
(6)
in section 213A(f)(5)(B)(ii) (8 U.S.C. 1183a(f)(5)(B)(ii)), by striking section 204(l)
and inserting 204(k)
;
(7)
in section 214(q)(1)(B)(i) (8 U.S.C. 1184(q)(1)(B)(i)), by striking section 203(a)(2)(A)
each place such term appears and inserting section 203(a)
;
(8)
in section 216(h)(1)(C) (8 U.S.C. 1186a(h)(1)(C)), by striking section 203(a)(2)
and inserting section 203(a)
; and
(9)
in section 237(a)(1)(E)(ii) (8 U.S.C. 1227(a)(1)(E)(ii)), by striking section 203(a)(2)
and inserting section 203(a)
.
Sec. 202. Elimination of diversity immigrant category
(a) In general
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(1)
in section 201 (8 U.S.C. 1151)—
(A)
in subsection (a)—
(i)
in paragraph (1), by striking the semicolon and inserting ; and
;
(ii)
in paragraph (2), by striking ; and
and inserting a period; and
(iii)
by striking paragraph (3); and
(B)
by striking subsection (e); and
(2)
in section 203 (8 U.S.C. 1153(c)), by striking subsection (c).
(b) Technical and conforming amendments
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(1)
in section 203 (8 U.S.C. 1153)—
(A)
in subsection (d), by striking under subsection (a), (b), or (c)
and inserting under subsection (a) or (b)
;
(B)
in subsection (e)—
(i)
by striking paragraph (2); and
(ii)
by redesignating paragraph (3) as paragraph (2);
(C)
in subsection (f), by striking or in subsection (a), (b), or (c)
and inserting or in subsection (a) or (b)
; and
(D)
in subsection (g), by striking subsections (a), (b), and (c)
and inserting subsections (a) and (b)
; and
(2)
in section 204—
(A)
in subsection (a)(1)—
(i)
by striking subparagraph (I); and
(ii)
by redesignating subparagraphs (J) and (K) as subparagraphs (I) and (J), respectively; and
(B)
in subsection (e), by striking in behalf
and all that follows through section 203
and inserting on behalf of whom a petition under this section is approved, to be admitted to the United States as an immigrant under subsection (a) or (b) of section 203
.
(c) Application
(1) In general
The amendments made by this section shall apply only with respect to petitions and applications pending on, or filed on or after, the date of the enactment of this Act.
(2) Prior diversity visa selections
An alien selected before the date of the enactment of this Act for a diversity immigrant visa under section 203(c) of the Immigration and Nationality Act, as in effect on the day before such date of enactment, is not eligible, on or after that date, to receive a visa on the basis of that selection, and no petition or application based on that selection may be approved, and no immigrant visa may be issued to the alien on the basis of that selection, on or after that date.
Sec. 203. Employment-based immigration
(a) Stabilizing the worldwide level of employment-Based immigrants
Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:
(d) Worldwide level of employment-Based immigrants
The worldwide level of employment-based immigrants granted visas in each fiscal year pursuant to section 203(b) shall be not more than 140,000.
(b) Allocation of employment-Based immigrant visas
Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended to read as follows:
(b) Employment-Based immigrants
(1) In general
Visas shall be made available, subject to section 201(d), to qualified immigrants whose admission has been certified by the Secretary of Homeland Security to be in the national interest in accordance with section 101(j)(2).
(2) Standard for certification
The Secretary of Homeland Security shall make the certification described in paragraph (1) with respect to an alien if the alien has established, by a preponderance of the evidence, that—
(A)
he or she satisfies at least 1 presumptive positive factor described in paragraph (3);
(B)
none of the grounds of inadmissibility listed under paragraph (6) applies to him or her; and
(C)
all presumptive negative factors described in paragraph (5) have been rebutted.
(3) Presumptive positive factors
(A) High compensation
The alien has a bona fide offer of employment in the United States for which he or she will receive a salary, or has verified his or her ability to generate self-employment income in the United States, that is at or above the 90th percentile salary for the most relevant occupation code and area of intended employment, as determined under regulations prescribed by the Secretary of Homeland Security, in consultation with the Secretary of Labor.
(B) National interest occupation or shortage service
(i) National interest occupation
The alien has a bona fide offer of employment in a National Interest Occupation for which he or she will receive a salary that is at or above the 75th percentile salary for the relevant occupation code and area of intended employment.
(ii) Shortage position
The alien has committed to provide full-time service for a period of not fewer than 5 years in a federally designated medical, mental-health, dental, veterans, or other statutorily designated shortage position, in accordance with regulations prescribed by the Secretary of Homeland Security, in consultation with the Secretary of Labor.
(C) Strategic Federal support
(i) In general
The alien has received a written certification that—
(I)
was executed by—
(aa)
the head of a Federal department or agency designated under clause (ii); or
(bb)
a Senate-confirmed officer of a Federal department or agency designated under clause (ii) who was appointed by the head of such department or agency to execute certifications under this clause;
(II)
identifies a published national priority of the United States that is materially related to the alien’s proposed work; and
(III)
states the alien’s proposed work materially advances such national priority.
(ii) Designated departments and agencies
The Federal departments and agencies designated under this clause are—
(I)
the Department of Defense;
(II)
the Department of Energy;
(III)
the Department of Commerce;
(IV)
the Department of Health and Human Services;
(V)
the Department of Agriculture;
(VI)
the Department of Veterans Affairs;
(VII)
the National Aeronautics and Space Administration;
(VIII)
the National Science Foundation; and
(IX)
any other Federal department or agency that has been so designated by an Act of Congress.
(iii) Defined term
In this subparagraph, the term published national priority means a priority identified in a published strategy, plan, directive, funding announcement, or other official document of the applicable Federal department or agency.
(D) Extraordinary ability
The alien demonstrates sustained national or international acclaim in a field materially related to the alien’s proposed endeavor in the United States by providing evidence that satisfies at least 3 of the following criteria:
(i)
Receipt of a major nationally or internationally recognized prize or award for excellence in the field, supported by objective evidence of the selectivity, prestige, and significance of the prize or award.
(ii)
Authorship of scholarly articles, major published works, patented inventions, or other original contributions of major significance in the field.
(iii)
Evidence that the alien’s work has been widely cited, adopted, licensed, commercialized, implemented, or otherwise materially relied upon by recognized public or private entities in the field.
(iv)
Participation, by invitation or selection based on expertise, as a judge, peer reviewer, evaluator, or member of a selection panel for the work of others in the same or an allied field.
(v)
Service in a leading or critical capacity for an entity with a distinguished reputation, supported by objective evidence of the significance of the alien’s contributions.
(vi)
Commanding compensation, equity, or other remuneration demonstrating exceptional standing in the field, as established by objective market evidence.
(E) Entrepreneurship and innovation
The alien provides reliable evidence that—
(i)
a startup entity in which the alien holds a substantial ownership interest and central managerial role has received—
(I)
not less than $500,000 in qualified investment from qualified United States investors; or
(II)
not less than $200,000 in qualifying Federal, State, or local research, development, or commercialization funding;
(ii)
the investment or funding referred to in clause (i) is documented by binding investment instruments, grant award documents, audited capitalization records, or such other objective evidence as the Secretary of Homeland Security may prescribe;
(iii)
such entity has a credible plan to create not fewer than 5 full-time jobs for workers in the United States during the 3-year period beginning on the date on which the alien is admitted to the United States; and
(iv)
the alien’s claim does not rely solely on self-valued assets, unaudited internal valuations, or unsupported projections.
(4) National interest occupation list
(A) In general
The Secretary of Homeland Security, in consultation with the Secretary of Labor, shall establish and maintain a list of occupations designated as National Interest Occupations for purposes of paragraph (3)(B)(i).
(B) Standard
An occupation may be included on the list established pursuant to subparagraph (A) only if the Secretary of Homeland Security determines, based on objective evidence, that such occupation is associated with persistent labor shortages, strategic national need, or other circumstances demonstrating that employment in such occupation materially advances the economic, cultural, or security interests of the United States.
(C) Publication
The list established pursuant to subparagraph (A), and any additions to, or removals from, such list, shall be published in the Federal Register.
(D) Periodic review
Not less frequently than once every 4 years, the Secretary of Homeland Security, in consultation with the Secretary of Labor, shall—
(i)
review the list established pursuant to subparagraph (A); and
(ii)
add occupations to, or remove occupations from, such list, as appropriate.
(5) Presumptive negative factors
Unless rebutted under paragraph (7), there is a presumption that an alien's request for certification under paragraph (1) should be denied if any of the following factors exists:
(A) Sub-median compensation
With respect to the alien's most recent employment, the alien received compensation that was lower than—
(i)
the median wage for the relevant occupation code and area of intended employment; or
(ii)
the required prevailing wage in circumstances where a prevailing wage determination is required.
(B) Limited english proficiency
The alien's English proficiency is at a level that is lower than English level B1 on the Common European Framework of Reference scale, or its equivalent, unless the alien meets the criteria described in subparagraph (C) or (D) of paragraph (3) or another exception prescribed by regulation.
(C) Serious employer labor noncompliance
There has been a final order of debarment or other final determination of serious labor law noncompliance during the 5-year period immediately preceding a request for certification under paragraph (1) against the petitioning employer or startup entity.
(D) Insufficient showing of self-sufficiency
The alien fails to establish, through objective evidence, the present ability and prospective capacity to support himself or herself in the United States without reliance on means-tested public benefits.
(6) Grounds of inadmissibility
The Secretary of Homeland Security may not grant a certification to any alien who is inadmissible under paragraph (2), (3), or (6)(C) of section 212(a), unless a waiver to such ground of inadmissibility is available and granted under this Act.
(7) Notice and rebuttal
Before denying certification under paragraph (1) on the basis of a factor described in paragraph (5), the Secretary of Homeland Security shall—
(A)
provide written notice to the petitioner that identifies the applicable presumptive negative factors; and
(B)
provide the alien not fewer than 60 days to submit evidence to rebut such factors.
(8) Priority order when visa demand exceeds supply
(A) In general
If the number of aliens eligible for certification under this subsection in a fiscal year exceeds the number of visas available under this subsection in such fiscal year, the Secretary of Homeland Security shall prioritize the available visas in the following order:
(i)
Aliens who meet a factor described in subparagraph (C) or (D) of paragraph (3).
(ii)
Aliens who meet a factor described in paragraph (3)(B).
(iii)
Aliens who meet a factor described in paragraph (3)(A).
(iv)
Aliens who meet a factor described in paragraph (3)(E).
(B) Priority order within a subgroup
If the number of aliens described in any clause under subparagraph (A) in a fiscal year exceeds the number of visas available for such aliens in such fiscal year, the Secretary of Homeland Security shall prioritize the available visas in the following order:
(i)
Aliens who will be receiving a salary or generating self-employment income at a higher applicable wage percentile.
(ii)
Earliest priority date.
(9) Rulemaking
Not later than 180 days after the date of the enactment of the ASSIMILATION Act, the Secretary of Homeland Security shall prescribe regulations to carry out this subsection, including rules for—
(A)
occupational wage mapping;
(B)
English-equivalency standards;
(C)
qualified investment requirements;
(D)
employer noncompliance penalties; and
(E)
self-sufficiency requirements.
(10) Derivative aliens
A spouse or child described in section 203(d) who is accompanying or following to join a principal alien granted a visa under this subsection shall be entitled to the same status and the same order of consideration as such principal alien.
Sec. 204. H–1B reforms
(a) Labor condition requirements
Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended by adding at the end the following:
(6)
(A)
No application under this subsection may be approved unless the employer attests, and the Secretary concurs, that the wage level for the position to be filled by the H–1B nonimmigrant is not less than 200 percent of the median wage for the occupational classification code in the area of intended employment.
(B)
The Secretary of Homeland Security, to the maximum extent practicable and consistent with this Act, shall prioritize petitions filed on behalf of aliens who have earned a degree in science, technology, engineering, or mathematics from an institution of higher education in the United States.
(b) Numerical limitation and period of admission
Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended—
(1)
by striking paragraphs (5) and (6) and inserting the following:
(5)
The numerical limitations under paragraph (1)(A) shall not apply to a petition filed on behalf of an alien employed, or to be employed, by an institution or organization if the Secretary of Homeland Security determines such employment affirmatively serves the economic, cultural, or security interests of the United States, as described in section 101(h).
(6)
An alien previously approved pursuant to paragraph (5) shall be counted toward the numerical limitations under paragraph (1)(A) upon the first approval of a petition filed by an employer that does not qualify under paragraph (5) unless the alien has previously been counted toward such limitations.; and
(2)
by adding at the end the following:
(12)
(A)
Notwithstanding any other provision of this subsection, the total number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section 101(a)(15)(H)(i)(b) in any fiscal year may not exceed 50,000.
(B)
An alien may not be accorded status under section 101(a)(15)(H)(i)(b) for a period exceeding 3 years. Such status may not be extended or renewed.
(C)
An alien who has been granted status as a nonimmigrant under section 101(a)(15)(H)(i)(b) may not adjust his or her status to that of an alien lawfully admitted for permanent residence unless the alien remains outside of the United States for a continuous period of not less than 2 years following the expiration of such status.
Sec. 205. Optional practical training
Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following:
(4)
An alien admitted as a nonimmigrant described in section 101(a)(15)(F)(i) shall not be considered authorized to be employed in the United States.
Sec. 206. Per country limitations
Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2), by striking Subject to paragraphs (3), (4), and (5), the
and inserting The
; and
(B)
by striking paragraphs (3), (4), and (5); and
(2)
by amending subsection (e) to read as follows:
(e) Allocation of visa numbers for countries at per country ceiling
(1) In general
If the Secretary of State determines the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of a single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in a fiscal year, immigrant visa numbers for natives of that foreign state or dependent area shall be allocated in accordance with paragraph (2).
(2) Allocation between family-sponsored and employment-based immigrants
The total number of immigrant visa described in paragraph (1) shall be allocated, to the extent practicable and consistent with this section and section 203, in a manner so that the ratio of the number of visas made available under section 203(a) to the number of visas made available under section 203(b) is equal to the ratio of the worldwide level of family-sponsored immigrants under section 201(c) to the worldwide level of employment-based immigrants under section 201(d).
Title III Admission, inadmissibility, sponsorship, and administrative authority
Sec. 301. Public charge
(a) Inadmissibility
Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) is amended—
(1)
by amending subparagraph (A) to read as follows:
(A) In general
Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Secretary of Homeland Security at the time of application for admission or adjustment of status, and based on objective evidence and the totality of the circumstances described in subparagraph (B), fails to establish the present ability and prospective capacity to support the alien and the alien’s dependents in the United States without reliance on means-tested public benefits is inadmissible.;
(2)
by amending subparagraph (B) to read as follows:
(B) Factors to be taken into account
In determining whether an alien is inadmissible under this paragraph, the consular officer or the Secretary of Homeland Security shall consider, based on objective evidence and the totality of the circumstances, at a minimum, the alien’s—
(i)
age;
(ii)
health;
(iii)
family status;
(iv)
assets, resources, liabilities, and financial status;
(v)
education and skills;
(vi)
employment history, prospective employability, and expected lawful means of support;
(vii)
history of receipt of means-tested public benefits, if any;
(viii)
English proficiency;
(ix)
such assimilation-related factors as the Secretary of Homeland Security may prescribe; and
(x)
any affidavit of support required under section 213A and any bond posted under section 213 or 213A(g).; and
(3)
by adding at the end the following:
(F) Presumption from benefit dependency
(i) In general
An alien who is subject to this paragraph shall be presumed to have become a public charge if the alien receives one or more means-tested public benefits for more than 12 months in the aggregate within any 36-month period, such that receipt of two benefits in one month shall count as two months.
(ii) Rebuttal
The presumption under clause (i) may be rebutted only through objective evidence establishing that the receipt of benefits—
(I)
was directly attributable to circumstances that arose after the alien’s admission or adjustment of status;
(II)
was not reasonably foreseeable at the time of such admission or adjustment; and
(III)
is not indicative of a present inability or prospective incapacity to remain self-sufficient in the United States.
(iii) Rule of construction
Nothing in this subparagraph may be construed to limit the authority of the consular officer or the Secretary of Homeland Security to determine, under the totality of the circumstances, that an alien is inadmissible under this paragraph, notwithstanding that the alien has not received benefits in the amount or duration described in clause (i).
(b) Deportability
Paragraph (5) of section 237(a) of such Act (8 U.S.C. 1227(a)) is amended to read as follows:
(5) Public charge
Any alien who, at any time after the date of admission as an immigrant or adjustment of status to that of an alien lawfully admitted for permanent residence, has become a public charge, including any alien subject to section 212(a)(4) who meets the presumption described in section 212(a)(4)(F), is deportable, unless the alien establishes, through objective evidence, that the cause arose after such admission or adjustment from circumstances that were not reasonably foreseeable at the time of such admission or adjustment.
(c) Rescission of adjustment of status
Section 246(a) of such Act (8 U.S.C. 1256(a)) is amended by inserting after the first sentence the following: For purposes of the preceding sentence, a person shall be considered not to have been in fact eligible for adjustment of status if, at any time after the date of adjustment, the person meets the presumption described in section 212(a)(4)(F), unless the person establishes, through objective evidence, that the cause arose after adjustment from circumstances that were not reasonably foreseeable at the time of adjustment.
.
(d) Savings provision
Nothing in the amendments made by this section may be construed to repeal or narrow any exemption from section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) that is expressly provided elsewhere in such Act or in any other Act of Congress.
(e) Rulemaking
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State and the Secretary of Health and Human Services, shall prescribe regulations to carry out this section and the amendments made by this section.
Sec. 302. Affidavits of support and sponsor financial requirements
Section 213A of the Immigration and Nationality Act (8 U.S.C. 1183a) is amended—
(1)
in subsection (a)(1)—
(A)
in subparagraph (A), by striking 125 percent
and inserting 200 percent
; and
(B)
in subparagraph (B), by striking (as defined in subsection (e))
;
(2)
in subsection (b)—
(A)
in paragraph (1)(A), by striking Upon notification that a sponsored alien has received any means-tested public benefit
and inserting Not later than 30 days after receiving notice or other reliable evidence that a sponsored alien has received any means-tested public benefit
; and
(B)
in paragraph (2)(A), by striking 45 days
and inserting 30 days
;
(3)
in subsection (c), in the second sentence, by inserting , including administrative offset under section 3716 of such title and any lien authorized under subsection (g)
before the period at the end;
(4)
in subsection (f)—
(A)
in paragraph (1)(E), by striking 125 percent
and inserting 200 percent
;
(B)
in paragraph (4)(B)(i), by striking 125 percent
and inserting 200 percent
; and
(C)
in paragraph (5)(A), by striking 125 percent
and inserting 200 percent
;
(5)
by inserting after subsection (f) the following:
(g) Sponsor bond and liens
(1) Bond required
An affidavit of support accepted under this section shall not be considered sufficient unless each sponsor and joint sponsor whose income or assets are relied upon to satisfy subsection (f) has posted, with respect to each sponsored alien, a bond or other surety satisfactory to the Secretary of Homeland Security in an amount not less than $20,000.
(2) Conditions
A bond under paragraph (1) shall be conditioned on—
(A)
compliance with the sponsor’s support obligations under subsection (a);
(B)
reimbursement of any means-tested public benefit described in subsection (b); and
(C)
payment of any civil penalty or collection cost lawfully assessed under this section.
(3) Period of effectiveness
(A) In general
Subject to subparagraph (B), a bond under paragraph (1) shall remain in effect until the earlier of—
(i)
the date that is 10 years after the date of the sponsored alien’s admission or adjustment of status;
(ii)
that date of the sponsored alien’s naturalization as a citizen of the United States;
(iii)
the date of the sponsored alien’s death; or
(iv)
the date of the sponsored alien’s permanent departure from the United States.
(B) Treatment of liabilities incurred
Liability incurred before the termination date under subparagraph (A) shall remain enforceable until satisfied.
(4) Forfeiture
If a sponsor fails to reimburse amounts due under subsection (b) within 30 days after a final written demand, the Secretary of Homeland Security or the requesting governmental entity may declare the bond forfeited in an amount sufficient to satisfy the unpaid obligation, together with interest, administrative costs, and costs of collection.
(5) Liens
Any amount finally determined and unpaid under this section shall constitute a debt due the United States. Upon notice and opportunity for a hearing, the United States may record a lien in favor of the United States on all property and rights to property, whether real or personal, of the sponsor, and may enforce such debt under subsection (c) and subchapter II of chapter 37 of title 31, United States Code.
(6) Regulations
The Secretary of Homeland Security, in consultation with the Secretary of State and the Secretary of the Treasury, shall prescribe regulations governing bond form, surety, forfeiture, lien notice, hearing rights, and release.; and
(6)
in subsection (i)—
(A)
in paragraph (2), by striking Attorney General
and inserting Secretary of Homeland Security
; and
(B)
in paragraph (3)—
(i)
in the matter preceding subparagraph (A), by striking Attorney General
and inserting Secretary of Homeland Security
;
(ii)
in subparagraph (A), by striking ; and
and inserting a semicolon;
(iii)
in subparagraph (B), by striking the period at the end and inserting a semicolon; and
(iv)
by adding at the end the following:
(C)
the number of reimbursement requests issued under subsection (b)(1)(A), the number of actions brought under subsection (b)(2), the number of bond forfeitures under subsection (g), and the total dollar amount recovered under this section during such fiscal year.
Sec. 303. Visa overstays
(a) Voiding nonimmigrant visas that have expired or for noncompliance
Section 222(g) of the Immigration and Nationality Act (8 U.S.C. 1202(g)) is amended to read as follows:
(g)
(1)
The nonimmigrant visa of an alien who has been admitted to the United States shall be void beginning on the date (excluding any period tolled under section 212(a)(9)(B)(iv)) that is 10 days after—
(A)
the last day of such alien's authorized period of stay under such visa; or
(B)
the date on which U.S. Immigration and Customs Enforcement determines such alien—
(i)
has materially failed to maintain the nonimmigrant status in which such alien was admitted or to which it was changed under section 248; or
(ii)
has materially fails to comply with the conditions of such status.
(2)
An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except—
(A)
on the basis of a visa (other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien’s nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or
(B)
if the Secretary of State determines the existence of extraordinary circumstances justifying such readmission.
(3)
The provisions of this subsection are in addition to, and not in lieu of, any ground of inadmissibility or deportability or any criminal or civil penalty otherwise provided by law.
(b) Overstay offense and penalties
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended—
(1)
in subsection (a), by inserting or if the alien was previously convicted of an offense under subsection (e)(2)(A)
after for a subsequent commission of any such offense
;
(2)
in subsection (b)—
(A)
in paragraph (1), by striking at least $50 and not more than $250
and inserting not less than $500 and not more than $1,000
; and
(B)
in paragraph (2), by inserting or subsection (e)(2)(B)
after under this subsection
; and
(3)
by adding at the end the following:
(e)
(1)
An alien who was admitted as a nonimmigrant violates this subsection if the alien, for an aggregate of 10 days or more (excluding any period tolled under section 212(a)(9)(B)(iv))—
(A)
remains in the United States beyond the period of stay authorized by the Secretary of Homeland Security; or
(B)
materially fails to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248, or materially fails otherwise to comply with the conditions of such status.
(2)
An alien who violates paragraph (1)—
(A)
shall—
(i)
for the first commission of such violation, be fined under title 18, United States Code, imprisoned for not more than 6 months, or both; and
(ii)
for a subsequent commission of such violation, or if the alien was previously convicted of an offense under subsection (a), be fined under such title 18, imprisoned not more than 2 years, or both; and
(B)
in addition to any penalty assessed under subparagraph (A) and any other criminal or civil penalties that otherwise may be imposed, shall be subject to a civil penalty of—
(i)
not less than $500 and not more than $1,000 for each violation; or
(ii)
twice the amount specified in clause (i), in the case of an alien who has been previously subject to a civil penalty under this subparagraph or subsection (b).
Sec. 304. Parole
Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended—
(1)
by striking (5)(A) The Secretary
and all that follows through the period at the end of subparagraph (A) and inserting the following:
(5)
(A)
(i)
The Secretary of Homeland Security may, except as provided in subparagraph (B) or in section 214(f), in the discretion of the Secretary, parole into the United States temporarily, for a period not to exceed 90 days and under such conditions as the Secretary may prescribe, only on a case-by-case basis for urgent humanitarian reasons or significant public benefit, as set forth in a written determination, any alien applying for admission to the United States.
(ii)
Parole of an alien under clause (i) shall not be regarded as an admission of the alien, and when the purposes of such parole have been served, the alien shall forthwith return or be returned to the custody from which the alien was paroled, and thereafter the alien’s case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.; and
(2)
by adding at the end the following:
(D) No extension absent act of congress
Parole granted under subparagraph (A)(i) may not be extended, renewed, or granted again beyond an aggregate period of 90 days unless an Act of Congress expressly authorizes such longer period.
(E) No categorical or programmatic parole
Parole under subparagraph (A)(i) may not be granted on a categorical, class-wide, or programmatic basis, and may not be used to circumvent any numerical limitation, refugee admission process under section 207, labor certification requirement, or other limitation or requirement under this Act.
(F) Record retention
The Secretary of Homeland Security shall retain each written determination under subparagraph (A)(i) for not less than 10 years.
Sec. 305. Limitations on enforcement discretion
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following:
(h) Limitations on enforcement discretion
(1) No categorical nonenforcement
Except as expressly authorized by this Act or by any other Act of Congress, the Secretary of Homeland Security and the Attorney General may not adopt, implement, or rely upon a policy, memorandum, rule, order, or program that prospectively exempts or purports to exempt a class or category of aliens from inspection, apprehension, detention, initiation of removal proceedings, adjudication of removability, or execution of final orders of removal.
(2) No categorical deferred action or similar nonenforcement status
Except as expressly authorized by this Act or by any other Act of Congress, the Secretary of Homeland Security and the Attorney General may not grant deferred action or any similar form of categorical nonenforcement status to a class or category of aliens.
(3) Case-by-case deferrals
Nothing in this subsection may be construed to preclude an individualized decision, supported by a written determination, to defer a specific enforcement action for a period not to exceed 180 days, which may be renewed only upon a new written determination, on the basis of—
(A)
a serious medical emergency;
(B)
the alien’s material assistance as a witness, victim, or informant in a criminal, civil, or administrative investigation or proceeding;
(C)
a compelling national security or law enforcement interest; or
(D)
another compelling humanitarian circumstance of comparable gravity specifically described in the written determination.
(4) No immigration status or benefit created
A deferral granted pursuant to paragraph (3)—
(A)
does not constitute an admission, parole, or lawful status of an alien; and
(B)
may not serve as the basis for employment authorization, advance parole, adjustment of status, or eligibility for any Federal public benefit, unless expressly authorized by this Act or by any other Act of Congress.
(5) Operational sequencing
Nothing in this subsection may be construed as prohibiting ordinary case-specific decisions regarding sequencing, scheduling, or resource allocation if such decisions do not amount violated the categorical nonenforcement prohibition described in paragraph (1).
Title IV Naturalization and citizenship
Sec. 401. Good moral character
(a) Expanded statutory bars
Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended—
(1)
in paragraph (8), by striking or
at the end;
(2)
in paragraph (9), by striking the period at the end and inserting ; or
; and
(3)
by inserting after paragraph (9) the following:
(10)
one who has been convicted of any felony under Federal, State, or local law;
(11)
during the period for which good moral character is required to be established, one who has been convicted of 1 or more misdemeanors under Federal, State, or local law;
(12)
one who has been found, by a final administrative or judicial determination, to have violated this Act or any of the immigration laws, including by failing to maintain lawful status or by overstaying a period of authorized admission by more than 180 days;
(13)
one who has engaged in fraud or willful misrepresentation in applying for, obtaining, or retaining any Federal, State, or local public benefit;
(14)
one who is described in section 212(a)(3) or 237(a)(4), or who has knowingly participated in a criminal street gang (as defined in section 521(a) of title 18, United States Code), as established by clear and convincing evidence;
(15)
during such period, one who has been convicted of an offense involving the operation of a motor vehicle while under the influence of alcohol or drugs, or an offense described in section 237(a)(2)(E); or
(16)
one who has willfully failed to satisfy a Federal tax liability or a legally enforceable child-support obligation, as established by a final administrative or judicial determination.
(b) Totality of circumstances in naturalization cases
Section 316(e) of such Act (8 U.S.C. 1427(e)) is amended—
(1)
by striking (e) In determining
and inserting the following:
(e) Good moral character determination
(1) In general
In determining; and
(2)
by adding at the end the following:
(2) Considerations
In making such determination, the Secretary of Homeland Security may consider the totality of the circumstances, including criminal history, employment history, tax compliance, compliance with support obligations, and civic conduct, and may require objective documentary evidence of such matters.
Sec. 402. Naturalization
(a) English requirement
Section 312 of the Immigration and Nationality Act (8 U.S.C. 1423) is amended—
(1)
in subsection (a), by striking paragraph (1) and inserting the following:
(1)
an understanding of the English language, including the ability to read, write, speak, and comprehend English at a proficiency level not lower than B2 of the Common European Framework of Reference for Languages, or an equivalent standard prescribed by regulation; and; and
(2)
in subsection (b)—
(A)
by striking paragraphs (2) and (3); and
(B)
in paragraph (1), by striking (1) The requirements
and inserting The requirements
.
(b) General residence period and other qualifications
Section 316(a) of such Act (8 U.S.C. 1427(a)) is amended—
(1)
by striking applicant,
and inserting applicant—
;
(2)
by striking (1) immediately
and inserting the following:
(1)
immediately;
(3)
in paragraph (1)—
(A)
by striking five years
each place such term appears and inserting 10 years
; and
(B)
by striking three months,
and inserting 3 months;
;
(4)
in paragraph (2)—
(A)
by striking (2) has resided
and inserting the following:
(2)
has resided;
(B)
by striking , and
and inserting a semicolon;
(5)
in paragraph (3)—
(A)
by striking (3) during
and inserting the following:
(4)
during; and
(B)
by striking the period at the end and inserting ; and
; and
(6)
by adding at the end the following:
(4)
during the 10-year period immediately preceding the date of filing an application for naturalization, has complied with all Federal tax filing and payment obligations, or is in full compliance with an approved payment arrangement;
(5)
during such period, has not received a means-tested public benefit, except as expressly exempted under section 101(a)(54); and
(6)
has demonstrated civic integration through objective evidence prescribed by regulation, which may include compliance with registration requirements under the Military Selective Service Act, as applicable, and verified civic participation or community service.
(c) Spouses of citizens
Section 319(a) of such Act (8 U.S.C. 1430(a)) is amended by striking three years
each place such term appears and inserting 10 years
.
(d) Application evidence
Section 334(a) of such Act (8 U.S.C. 1445(a)) is amended by adding at the end the following: An application for naturalization shall include official Federal tax return transcripts, or such other official tax records as the Secretary of Homeland Security may prescribe, for each taxable year within the period for which continuous residence and good moral character must be established, together with such additional objective evidence as the Secretary may require to establish compliance with sections 312 and 316.
.
Sec. 403. Documentation of citizenship at birth
(a) Clarification of citizenship at birth
Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended by adding at the end the following:
(i)
For purposes of subsection (a), a person born in the United States shall be considered
subject to the jurisdiction thereofonly if, at the time of the person’s birth, at least 1 parent of the person was—(1)
a citizen or national of the United States; or
(2)
an alien lawfully admitted for permanent residence.
(j)
For purposes of any Federal right, privilege, documentation, or benefit for which citizenship under subsection (a) is material, proof of birth in the United States shall not, standing alone, be conclusive evidence of citizenship unless accompanied by objective evidence, as prescribed by regulation, that the person satisfies subsection (i).
(b) Certificate of citizenship
Section 341(a) of such Act (8 U.S.C. 1452(a)) is amended—
(1)
in the first sentence, by inserting , or who claims to be a citizen of the United States by virtue of subsection (a) of section 301, as qualified by subsection (i) of such section,
after under the provisions of section 303 of this title
; and
(2)
in the second sentence, by striking that the applicant’s alleged citizenship was derived as claimed, or acquired, as the case may be,
and inserting that the applicant’s alleged citizenship was derived, acquired, or established, as the case may be, under the provision of law claimed,
.
(c) Regulations
Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security shall jointly prescribe regulations to carry out the amendments made by this section, including regulations governing objective evidence of parental citizenship, nationality, or lawful permanent resident status at the time of birth.
Title V Asylum, inspection, detention, and unaccompanied alien children
Sec. 501. Asylum
(a) Safe third country and transit bar
Section 208(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(A)) is amended—
(1)
by striking if the Attorney General determines
and inserting if the Secretary of Homeland Security or the Attorney General determines—
;
(2)
by striking that the alien may be removed
and inserting the following:
(i)
that the alien may be removed;
(3)
by striking , pursuant to a bilateral or multilateral agreement, to
and inserting to
;
(4)
by inserting or the Secretary of Homeland Security, on a case-by-case basis,
before finds that
;
(5)
by striking the period at the end and inserting ; or
; and
(6)
by adding at the end the following:
(ii)
that the alien entered, attempted to enter, or arrived in the United States after transiting through at least 1 country outside of the alien’s country of citizenship, nationality, or last lawful habitual residence en route to the United States, unless—
(I)
the alien demonstrates that the alien applied for protection from persecution or torture in at least 1 country outside of the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States and received a final judgment denying such protection in each such country;
(II)
the alien demonstrates that the alien was a victim of a severe form of trafficking in persons and, as a result of such trafficking, was unable to apply for protection from persecution or torture in each country through which the alien transited en route to the United States; or
(III)
the only countries through which the alien transited en route to the United States were, at the time of transit, not parties to the 1951 United Nations Convention relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, or the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
(b) Pending employment authorization
Section 208(d)(2) of such Act (8 U.S.C. 1158(d)(2)) is amended to read as follows:
(2) Employment
An applicant for asylum is not entitled to employment authorization, and employment authorization may not be granted solely on the basis of a pending application for asylum under this section.
(c) Asylum filing fee
Section 208(d)(3) of such Act (8 U.S.C. 1158(d)(3)) is amended to read as follows:
(3) Fees
The fee for filing an application for asylum under this section shall be $500. The Attorney General shall impose fees for employment authorization under this section and for adjustment of status under section 209(b). Nothing in this paragraph shall be construed to limit the authority of the Attorney General to set additional adjudication and naturalization fees in accordance with section 286(m).
(d) Conforming amendment relating to unaccompanied alien children
Section 208(a)(2)(E) of such Act (8 U.S.C. 1158(a)(2)(E)) is amended by striking Subparagraphs (A) and (B)
and inserting Subparagraph (B)
.
(e) Jurisdiction of asylum applications filed by unaccompanied alien children
Section 208(b)(3) of such Act (8 U.S.C. 1158(b)(3)) is amended by striking subparagraph (C).
(f) Additional consequence for frivolous applications
Section 208(d)(6) of such Act (8 U.S.C. 1158(d)(6)) is amended by inserting , and, if the alien is ordered removed, may not be admitted to the United States during the 10-year period beginning on the date of the alien’s departure or removal
before the period at the end.
Sec. 502. Credible fear and expedited removal
(a) Higher credible fear standard
Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended to read as follows:
(v) Credible fear of persecution defined
For purposes of this subparagraph, the term credible fear of persecution means that, taking into account the credibility of the statements made by the alien in support of the alien’s claim, as determined pursuant to section 208(b)(1)(B)(iii), and such other facts as are known to the officer, the alien more likely than not could establish eligibility for asylum under section 208, and, more likely than not, the statements made by, and on behalf of, the alien in support of the alien’s claim are true.
(b) Recording and quality assurance
(1) In general
Section 235(b)(1)(B) of such Act (8 U.S.C. 1225(b)(1)(B)) is amended by adding at the end the following:
(vi) Recording and quality assurance
The Secretary of Homeland Security shall—
(I)
establish quality-assurance procedures to ensure, to the maximum extent practicable, that questions asked by employees of the Department of Homeland Security exercising expedited-removal authority under this section are asked in a uniform manner and that both such questions and the answers provided in response are recorded in a uniform manner;
(II)
provide to immigration officers exercising decision-making authority in interviews under this subparagraph a checklist of standard questions and concepts to be addressed in all such interviews;
(III)
require that such checklists be routinely updated to reflect relevant changes in law and procedure and, at a minimum, require concise written justifications of the officer’s decision whether credible fear of persecution was or was not established;
(IV)
where practicable, ensure that any sworn or signed written statement taken of an alien as part of the record of a proceeding under subparagraph (A) is accompanied by a recording of the interview that served as the basis for that statement;
(V)
ensure that a competent interpreter, not affiliated with the government of the country from which the alien may claim asylum, is used when the interviewing officer does not speak a language understood by the alien;
(VI)
ensure that there is an audio or audiovisual recording of interviews of aliens subject to expedited removal under this paragraph; and
(VII)
include any recording under subclause (VI) in the record of proceeding, where practicable, and permit such recording to be considered in any further proceeding involving the alien.
(2) Rule of construction
Nothing in this subsection, or the amendment made by this subsection, shall be construed to create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by any party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any other person, nor shall such section or amendment be construed to create any right of review in any administrative, judicial, or other proceeding.
Sec. 503. Family detention
(a) In general
Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended by adding at the end the following:
(j) Construction
(1) In general
Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement—
(A)
the detention of any alien child who is not an unaccompanied alien child shall be governed by sections 217, 235, 236, and 241 of the Immigration and Nationality Act (8 U.S.C. 1187, 1225, 1226, 1231); and
(B)
there is no presumption that an alien child who is not an unaccompanied alien child should not be detained.
(2) Family detention
The Secretary of Homeland Security shall—
(A)
maintain the care and custody of any alien who—
(i)
is charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)); and
(ii)
entered the United States with the alien child of such alien, during the period during which such charge is pending; and
(B)
detain the alien with the alien child of such alien.
(3) Alien child defined
The term alien child means an individual who—
(A)
has not attained 18 years of age; and
(B)
is an alien, as that term is defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
(b) Sense of Congress
It is the sense of Congress that the amendment made by subsection (a) is intended to satisfy the requirements of the Settlement Agreement in Flores v. Meese, No. 85–4544 (C.D. Cal.), as approved by the court on January 28, 1997, with respect to its interpretation in Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the agreement applies to accompanied minors.
(c) Preemption of State licensing requirements
Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, no State may require that an immigration detention facility used to detain children who have not attained 18 years of age, or families consisting of 1 or more such children and the parents or legal guardians of such children, that is located in that State, be licensed by the State or any political subdivision thereof.
(d) Effective date
The amendment made by subsection (a) shall—
(1)
take effect on the date of enactment of this Act; and
(2)
apply to all actions that occur before, on, or after such date.
Sec. 504. Unaccompanied alien children
(a) Repatriation and screening
Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended—
(1)
in paragraph (2)—
(A)
in the paragraph heading, by striking Special rules for children from contiguous countries and inserting Rules for unaccompanied alien children
;
(B)
in subparagraph (A)—
(i)
in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States
;
(ii)
in clause (i), by inserting and
after the semicolon;
(iii)
in clause (ii), by striking ; and
and inserting a period; and
(iv)
by striking clause (iii); and
(C)
in subparagraph (B)—
(i)
in the matter preceding clause (i), by striking may
;
(ii)
in clause (i), by inserting may
before permit such child
; and
(iii)
in clause (ii), by inserting shall
before return such child
;
(2)
in paragraph (3), in the paragraph heading, by striking other children
and inserting children not meeting paragraph (2)(A)
; and
(3)
in paragraph (5)(D)—
(A)
in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2),
and inserting who does not meet the criteria listed in paragraph (2)(A)
; and
(B)
in clause (i), by inserting before the semicolon at the end the following: , which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4)
.
(b) Custody, transfer, and notification
Section 235(b) of such Act (8 U.S.C. 1232(b)) is amended—
(1)
in paragraph (2)—
(A)
in subparagraph (A), by inserting believed not to meet the criteria listed in subsection (a)(2)(A)
before the semicolon at the end; and
(B)
in subparagraph (B), by inserting and does not meet the criteria listed in subsection (a)(2)(A)
before the period at the end; and
(2)
by amending paragraph (3) to read as follows:
(3) Transfers of unaccompanied alien children
Except in the case of exceptional circumstances, any department or agency of the Federal Government that has an unaccompanied alien child in custody—
(A)
shall, in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; and
(B)
may, in the case of a child who meets the criteria listed in subsection (a)(2)(A), transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria.
(c) Information sharing and access to counsel
Section 235(c) of such Act (8 U.S.C. 1232(c)) is amended—
(1)
in paragraph (3)—
(A)
in subparagraph (A), by striking the second sentence and inserting Such determination shall, at a minimum, include verification of the identity of the proposed custodian, verification of the relationship of the proposed custodian to the child, if any, collection of information sufficient to identify and locate the proposed custodian and assess the suitability of the proposed placement, and an independent finding that the proposed custodian has not engaged in any activity that would indicate a potential risk of abuse, neglect, maltreatment, exploitation, or trafficking to the child.
;
(B)
in subparagraph (B)—
(i)
in the first sentence, by striking first
;
(ii)
in the second sentence—
(I)
by striking special needs
; and
(II)
by striking sponsor clearly presents a risk of abuse, maltreatment
and inserting custodian clearly presents a risk of abuse, neglect, maltreatment
; and
(iii)
in the third sentence, by striking on children for whom a home study was conducted and is authorized to conduct follow-up services in cases involving children with mental health or other needs who could benefit from ongoing assistance from a social welfare agency
and inserting for each child for whom a home study was conducted, and may conduct follow-up services in cases involving children with mental health needs or other needs who could benefit from continuing assistance from a social welfare agency
;
(C)
by amending subparagraph (C) to read as follows:
(C) Access to information
Not later than 14 days after receiving a request from the Secretary of Health and Human Services, the Secretary of Homeland Security shall provide information necessary to conduct a safety and suitability assessment from appropriate Federal, State, and local law enforcement and immigration databases.; and
(D)
by adding at the end the following:
(D) Required placement information
(i)
Before placing a child with an individual, the Secretary of Health and Human Services shall obtain and provide to the Secretary of Homeland Security information regarding the proposed custodian, including—
(I)
the full legal name of the proposed custodian;
(II)
the date of birth of the proposed custodian;
(III)
the address of the residence at which the child will be placed;
(IV)
contact information for the proposed custodian;
(V)
the relationship of the proposed custodian to the child, if any;
(VI)
the Social Security number of the proposed custodian or, if no Social Security number has been issued to the proposed custodian, any alien registration number, I–94 number, passport number, or other immigration-related identifying number of the proposed custodian; and
(VII)
the immigration status asserted by the proposed custodian.
(ii)
A child may not be placed with a proposed custodian unless the Secretary of Health and Human Services has obtained the information required under clause (i) and provided that information to the Secretary of Homeland Security.
(iii)
Not later than 30 days after receiving the information described in clause (i), the Secretary of Homeland Security shall, upon determining that the proposed custodian is unlawfully present in the United States and is not already in removal proceedings under chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.), initiate such proceedings.
(iv)
The proposed custodian shall be ineligible to receive placement of a child under this section if the proposed custodian provides materially false, fictitious, or fraudulent information under clause (i), unless the Secretary of Health and Human Services determines that exceptional circumstances warrant otherwise.; and
(2)
in paragraph (5), by striking have counsel to represent them
and inserting have access to counsel, at no expense to the Government, to represent them
.
(d) Effective date
The amendments made by this section shall apply to any unaccompanied alien child (as such term is defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) apprehended on or after the date that is 30 days after the date of the enactment of this Act.
Title VI Employment eligibility verification and labor protections
Sec. 601. Employment eligibility verification
Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended—
(1)
by amending subsection (b) to read as follows:
(b) Employment eligibility verification process
(1) Identity verification required
Each person, employer, or other entity that hires, recruits, or refers individuals for employment in the United States, at the time of hiring, shall verify each individual’s identity and employment authorization by examining the required documentation.
(2) E-verify
The Secretary of Homeland Security shall maintain, at no cost to users, an electronic employment eligibility verification system (referred to in this subsection as
E–Verify) that—(A)
allows participating employers to confirm an individual’s identity and lawful status to work in the United States, as recorded in Department of Homeland Security and Social Security Administration databases;
(B)
includes a basic verification service that compares the information from an individual’s employment eligibility documents against Department of Homeland Security and Social Security Administration records; and
(C)
an identity authentication service that confirms the individual’s identity for purposes of fraud prevention and national security.
(3) Mandatory enrollment
Each person hiring a new employee shall enroll in and use E-Verify to confirm each employee’s identity and work authorization not later than the date on which the relevant employee completes his or her Form I–9.
(4) Effect of nonconfirmation
(A) In general
If E-Verify does not automatically confirm an individual’s authorization to work, the employer shall—
(i)
treat such individual as provisionally authorized under this subsection (as in effect on the date before the enactment of the ASSIMILATION Act); and
(ii)
notify Department of Homeland Security of such nonconfirmation within the period specified in a regulation promulgated pursuant to paragraph (7).
(B) Unlawful employment
An individual who is not ultimately confirmed by E-Verify shall be deemed to be unlawfully employed in the United States after the expiration of the provisional period.
(5) Penalties for violations
A person or entity may be subject to civil or criminal penalties under this section only for violations related to an individual’s identity or work authorization if the person or entity—
(A)
had actual knowledge of such violation; or
(B)
failed to timely update the employment verification information upon receiving notice of a discrepancy.
(6) Good-faith compliance
Good-faith compliance with system procedures (including proper completion of the E-Verify process) shall be a valid defense to any claim of a paperwork violation under this section.
(7) Rulemaking
The Secretary of Homeland Security shall promulgate regulations that prescribe appropriate procedures for operating and using of E-Verify, including measures to safeguard privacy and to resolve system errors or mismatches.; and
(2)
by adding at the end the following:
(i) Enrollment and system requirements
(1) Registration; compliance
All employers subject to subsection (b) shall—
(A)
register with through E–Verify; and
(B)
comply with all applicable E-Verify requirements for all new hires in the United States.
(2) Availability
The Secretary of Homeland Security shall ensure that—
(A)
E-Verify is available to employers 24 hours each day; and
(B)
use of E-Verify does not cause significant delays in the hiring process.
(3) Notification
All employers subject to subsection (b) shall inform employees of the use of E-Verify and the results of the verification for each such employee, in accordance with regulations promulgated by the Secretary pursuant to subsection (b)(7).
Sec. 602. H–2a wage methodology
Section 218(a) of the Immigration and Nationality Act (8 U.S.C. 1188(a)) is amended by adding at the end the following:
(3)
(A)
in determining the wage rates to be paid to H–2A workers under this subsection, the Secretary of Labor shall use a wage-rate methodology that ensures—
(i)
such workers are not paid less than a wage rate that would adversely affect similarly employed United States workers; and
(ii)
the wage rate for such workers is not less than the highest of—
(I)
the prevailing wage in the area of intended employment for the occupation code, as determined under regulations promulgated by the Secretary of Labor;
(II)
the applicable Federal or State minimum wage; and
(III)
the average hourly wage paid to United States workers in the same occupation code and area of intended employment (based on recent official data), rounded up to the next whole dollar.
(B)
The Secretary of Labor—
(i)
shall publish the applicable wage rates for each occupation code and area of intended employment before the beginning of each agricultural season; and
(ii)
may update such rates at least annually.
(C)
This paragraph may be enforced in the same manner as any other wage requirements under this section.
Title VII Conforming amendments; reports; effective dates; applicability; severability
Sec. 701. Reports
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to Congress a report on the economic impact, assimilation rates, and public-charge incidences associated with the amendments made by this Act.
Sec. 702. Effective dates
This Act and the amendments made by this Act shall take effect on the date of enactment of this Act, unless otherwise provided in this Act.
Sec. 703. Applicability and transition provisions
(a) Invalidated petitions and applications
Except as otherwise expressly provided in this Act, any petition, application, or other request for immigration status, classification, benefit, or relief filed under any immigration category, classification, or provision repealed by this Act is void as of the effective date of the repeal.
(b) Pending matters
Except as otherwise expressly provided in this Act, any petition, application, or other request for immigration status, classification, benefit, or relief pending on the date of the enactment of this Act shall be adjudicated, denied, terminated, or otherwise resolved in accordance with this Act and the amendments made by this Act.
(c) Previously issued visas
Nothing in this section may be construed to invalidate a visa issued before the date of the enactment of this Act unless expressly provided in this Act.
(d) Diversity immigrant visas
In the case of a diversity immigrant visa under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)), section 202(c) of such Act shall control.
Sec. 704. Severability
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held invalid or unconstitutional, 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 thereby.