Summary of Pending Legislation Impacting Immigrant Communities

The following legislative updates prepared by the Center for Human Rights and Constitutional Law summarizes pending bills in the California Legislature and the United States Congress that may materially impact on the rights of low-income immigrants residing in California. This update first reviews bills pending in the California Senate and Assembly, and then reviews bills pending in the U.S. Senate and House of Representatives. Links are provided to texts, status, and history of the bills. article from centerforhumanrights.org

Peter Schey
Executive Director
pschey@centerforhumanrights.org

California Bills Impacting Low-income California Immigrants

Bill AB 26: Restrictions on transporting, protecting or employing undocumented immigrants
Introduced by: Assembly Member Donnelly
Link to Text of Bill
Link to Bill Status
Link to Bill History
Summary: “No official or agency of the state or a city, county, city and county, or other political subdivision may adopt a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.” This bill would also make it a misdemeanor to knowingly or intentionally employ undocumented immigrant, move or transport a undocumented immigrant, or conceal or harbor an undocumented immigrant. The bill would establish a process for persons to file complaints of violations of these provisions. “Encourage or induce an alien to come to or reside in this state if the person knows, or recklessly disregards the fact, that such coming to, entering, or residing in this state is, or will be, in violation of law.” The bill would make it a misdemeanor for a person who is unlawfully present in the United States and who is an unauthorized alien, as defined, to knowingly apply for or solicit work or perform work! as an employee or independent contractor.
Status: Inactive, last in ASM Judiciary committee on 5/26/2011, no further action pursuant to Joint Rule 62 (a).
History:
May 26:From committee without further action pursuant to Joint Rule 62(a).
Apr. 5: In committee: Set, second hearing. Failed passage.
Mar. 22: In committee: Hearing postponed by committee.
Mar. 15: In committee: Set, first hearing. Hearing canceled at the request of author.
Jan. 27: Referred to Coms. on JUD. and PUB. S. 2010
Dec. 7: From printer. May be heard in committee January 6.
Dec. 6: Read first time. To print.

Bill AB 78: Provides equal rights to a person residing illegally in CA as a permanent legal resident
Introduced by: Assembly Member Mendoza
Link to Text of Bill
Link to Bill Status
Link to Bill History
Summary: The bill would provide a person illegally residing in the U.S., but who has continuously resided in CA since Jan. 1, 2007 to have the same rights and responsibilities as a legal permanent resident of CA pursuant to the CA constitution. “A bipartisan immigration reform package must be based on respect for human rights; a path toward permanent residency and citizenship; humane enforcement of border policies; protecting the wages and working conditions of all workers, whether United States-born or immigrant workers; reunification of families; and the promotion of citizenship and civic participation.”
Status: Active, referred to Com. On Jud on 5/3/11. Currently located with ASM Judiciary.
History:
May 3: Re-referred to Com. on JUD. In committee: Set, first hearing. Hearing canceled at the request of author.
May 2: From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
Apr. 25: From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. Re-referred to Com. on JUD.
Mar. 15: In committee: Hearing postponed by committee.
Feb. 10: Referred to Coms. on JUD. and E. & R.
Jan. 4: From printer. May be heard in committee February 3.
Jan. 3: Read first time. To print.

AB 130: The California Dream Act 2011
Introduced by: Assembly Member Cedillo
Link to Text of Bill
Link to Bill Status
Link to Bill History
Summary: “This act shall be known, and may be cited, as the California Dream Act of 2011… Notwithstanding any other law, on and after January 1, 2012, a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under Section 68130.5 shall be eligible to receive a scholarship that is derived from nonstate funds received, for the purpose of scholarships, by the segment at which he or she is a student.”
Status: Active. In Senate Appropriations Committee.
History:
June 8: From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (June 8). Re-referred to Com. on APPR.
May 19: Referred to Com. on ED.
May 5In Senate. Read first time. To Com. on RLS. for assignment. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 22. Page 1233.)
May 2: Read third time and amended. Ordered to third reading.
Mar. 16: From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (March 15).
Mar. 9: Re-referred to Com. on HIGHER ED.
Mar. 8: From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.
Feb. 3: Referred to Com. on HIGHER ED.
Jan. 12: From printer. May be heard in committee February 12.
Jan. 11: Read first time. To print.

AB 131: Resident College and University Tuition for CA High School Students
Introduced by: Assembly Member Cedillo
Link to Text of Bill
Link to Bill Status
Link to Text of Bill
Summary: This bill would exempt any student, including nonimmigrant students, who have attended a CA high school or secondary school from paying nonresident tuition at a California State University and California Community Colleges. “Notwithstanding any other law, and except as provided for in subdivision ©, student who meets the requirements of subdivision (a) of Section 68130.5, or who meets equivalent requirements adopted by the Regents of the University of California, is eligible to apply for, and participate in, any student financial aid program administered by the State of California to the full extent permitted by federal law.” It would require community college districts to waive the fees of students who are exempt from nonresident tuition and who would qualify for a waiver under this provision. The state would also be required to reimburse the colleges for the costs of this program.
Status: Active, in Senate Education committee.
History:
June 8: Referred to Com. on ED.
June 1: In Senate Read first time. To Com. on RLS. for assignment.
June 1: Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 27. Page 1698.)
May 31: Read second time. Ordered to third reading.
May 27: From committee: Do pass as amended. (Ayes 11. Noes 5.) (May 27).Read second time and amended. Ordered to second reading.
Apr. 13: In committee: Set, second hearing. Referred to APPR. suspense file.
Apr. 7: Re-referred to Com. on APPR.
Apr. 6: In committee: Set, first hearing. Hearing canceled at the request of author. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
Mar. 21: Re-referred to Com. on APPR.
Mar. 17: Read second time and amended.
Mar. 16: From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (March 15).
Mar. 9: Re-referred to Com. on HIGHER ED. Mar. 8: From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.
Feb. 3: Referred to Com. on HIGHER ED.
Jan. 12: From printer. May be heard in committee February 12.
Jan. 11: Read first time. To print.

AB 142: Criminal Procedure Requiring the Court to Warn Defendants of Naturalization and Deportation Consequences of Conviction
Introduced by: Assembly Member Fuentes
Link to Text of Bill
Link to Bill Status
Link to Bill History
Summary: Current law requires that a court must advise a defendant that if he/she is not a citizen, a criminal conviction may result in deportation, exclusion of admission to the U.S., or denial of naturalization. This bill would also require the court to inform the defendant that if they are deported and return to the U.S. illegally he/she could be charged with a separate federal offense. “If, after January 1, 1978, the court fails to advise the defendant … and the defendant shows that conviction of the offense to which defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. Absent a record that the court provided the advisemen! t required by this section, the defendant shall be presumed not to have received the required advisement."
Status: Active, not in committee
History:
June 8: Read second time. Ordered to third reading.
June 7: From committee: Do pass. (Ayes 4. Noes 2.) (June 7).
Apr. 14: Referred to Com. on PUB. S.
Mar. 31: In Senate. Read first time. To Com. on RLS. for assignment.
Mar. 31: Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 19. Page 769.)
Mar. 16: Read second time. Ordered to third reading.
Mar. 15: From committee: Do pass. (Ayes 4. Noes 2.) (March 15).
Feb. 3: Referred to Com. on PUB. S.
Jan. 14: From printer. May be heard in committee February 13.
Jan. 13: Read first time. To print.

AB 844: Nonimmigrant Student would be able to Serve on Student Government
Introduced by: Assembly Member Lara
Link to Text of Bill
Link to Bill Status
Link to Bill History
Summary: This bill is proposed in conjunction with 131. “Any student, including a person without lawful immigration status, or a person who is exempt from nonresident … may serve in any capacity in student government at the California State University or the California Community Colleges and receive any grant, scholarship, fee waiver, or reimbursement for expenses incurred connected with that service to the full extent consistent with federal law.”
Status: Active, in Com. on Education
History:
June 9: From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.
May 26: Referred to Com. on ED.
May 12: In Senate. Read first time. To Com. on RLS. for assignment.
May 12: Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 25. Page 1340.)
May 9: Read second time. Ordered to third reading.
May 5: Read second time and amended. Ordered to second reading.
May 4: From committee: Do pass as amended. (Ayes 6. Noes 3.) (May 3).
Apr. 27: Re-referred to Com. on HIGHER ED.
Apr. 26: From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.
Apr. 12: In committee: Hearing postponed by committee.
Mar. 29: In committee: Set, first hearing. Hearing canceled at the request of author.
Mar. 10: Referred to Com. on HIGHER ED.
Feb. 18: From printer. May be heard in committee March 20.
Feb. 17: Read first time. To print.

AB 1031: Arresting Agent must Report Person Driving under the influence without Proper Documentation to Immigration and Customs Enforcement
Introduced by: Assembly Member Donnelly
Link to Text of Bill
Link to Bill Status
Link to Bill History
Summary: This bill would, in addition, require an arresting authority to report to the United States Immigration and Customs Enforcement the presence of a person if the person is arrested for driving while under the influence of an alcoholic beverage or drug, or the combined influence of an alcoholic beverage and drug and the person fails to provide the arresting authority with appropriate documentation demonstrating his or her legal presence in the United States. Because an arresting agency includes a local agency, this bill would impose a state-mandated local program by increasing the duties of local law enforcement officials.
Status: Active, In committee ASM Public Safety.
History:
Apr. 26: In committee: Set, first hearing. Hearing canceled at the request of author.
Mar. 14: Referred to Com. on PUB. S.
Feb. 20: From printer. May be heard in committee March 22.
Feb. 18: Read first time. To print.

AB 1081: All rights, Remedies, and Protections Under State Law are Available to All Individuals Regardless of Immigration Status
Introduced by: Assembly Member Ammiano
Link to Text of Bill
Link to Bill Status
Link to Bill History
Summary: “Immigrant residents who are victims or witnesses to crime, including domestic violence related crimes, are less likely to report the crime or cooperate with law enforcement because any contact with law enforcement could result in deportation, without regard to whether the arrest or the result of a mistake, or merely a routine practice of questioning individuals involved in a dispute without pressing charges. Victims or witnesses to crimes may have recourse to lawful status (such as U-visas or T-visas) that detention resulting from Secure Communities obstructs.” The bill also provides that a person’s immigration status is irrelevant to the issue of liability and prohibits inquiry into immigration statute in such proceedings unless such inquiry is necessary in order to comply with federal immigration law.
Status: Active, In Sen. on Public Safety and Com. on Appr.
History:
June 14: From committee: Do pass and re-refer to Com. on APPR. (Ayes 5.Noes 2.) (June 14). Re-referred to Com. on APPR.
June 8: From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
June 2: Referred to Com. on PUB. S.
May 26: In Senate. Read first time. To Com. on RLS. for assignment.
May 26: Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 26.)
May 19: Read second time. Ordered to third reading.
May 18: From committee: Do pass. (Ayes 11. Noes 5.) (May 18).
May 17: Re-referred to Com. on APPR.
May 16: From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
Apr. 27: From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 26). Re-referred to Com. on APPR.
Apr. 25: Re-referred to Com. on PUB. S.
Apr. 15: From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Mar. 25: Referred to Com. on PUB. S.
Feb. 20: From printer. May be heard in committee March 22.
Feb. 18: Read first time. To print.

SB 842: Department of Veterans Affairs to Implement Program to Issue ID Cards Regardless of Immigration Individuals Immigration Status
Introduced by: Senator Rubio
Link to Text of Bill
Link to Bill Status
Link to Bill History
Summary: “The Department of Veterans Affairs shall develop and maintain a program for the issuance of identification cards to an eligible person who is the spouse, domestic partner, or dependent child of a member or veteran of the armed services of the United States or the California National Guard… an "eligible person" means a person who is the spouse, domestic partner, or dependent child of a person who is a member or veteran of the armed services of the United States or the California National Guard on or after January 1, 1991… The bill would require each office of the Department of Motor Vehicles to perform various duties with respect to distribution, collection, and processing of the application forms and issuing the identification cards. This bill, notwithstanding any other law, would make the spouse or domestic partner, or a dependent natural or adopted child or stepchild, of a member of the Armed Forces of the United States stationed in this state who is, or was, on active duty at any time on or after January 1, 1991, eligible to apply for and receive defined state and local public social services benefits to the same extent as any other applicant or recipient, regardless of the individual's immigration status, as specified.
Status: Active: In Sen. Appropriations
History:
May 26: Held in committee and under submission.
May 25: Set for hearing May 26.
May 23: Placed on APPR. suspense file.
May 13: Set for hearing May 23.
May 11: Read second time and amended. Re-referred to Com. on APPR.
May 10: From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1. Page 851.) (May 4).
Apr. 26: Read second time and amended. Re-referred to Com. on ED. Set for hearing May 4. Apr. 25: From committee: Do pass as amended and re-refer to Com. on ED. (Ayes 5. Noes 0. Page 645.) (April 12).
Apr. 5: Set for hearing April 12.
Mar. 31: Re-referred to Coms. on V.A. and ED.
Mar. 24: From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Mar. 10: Referred to Com. on RLS.
Feb. 19: From printer. May be acted upon on or after March 21.
Feb. 18: Introduced. Read first time. To Com. on RLS. for assignment. To print.

Senate Bills

S. 332 “Strengthening Our Commitment to Legal Immigration and America's Security Act”
Introduced by Sen. Hatch (R-UT) on 2/14/11; Referred to Committee
Section 2 of the bill would add language to 8 U.S.C. 1182(d)(5) that an immigrant under a final order of removal may only be granted deferred action status “for urgent humanitarian reasons or significant public benefit.” Section 3 proposes to add language to Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i stating that local entities participating in the secure communities program that fails to comply with requirements of such programs “may not be reimbursed for incarceration expenses.” Section 4 addresses visa ineligibility for organized crime members, exit procedures for foreign visitors and elimination of the visa lottery program. Section 7 requires the IRS to send notice to employers of employees with inaccurate social security numbers within 60 days. If the person fails to respond, the IRS shall provide notice of the inaccurate SSN to the appropriate agencies for possible investigation, including the Department of Homeland Security, Dep! artment of Justice, and the Federal Trade Commission.
Link to Text of Bill
Views on this bill:
http://blog.heritage.org/2011/02/12/hatch’s-bill-picks-up-administration’s-slack-on-immigration-enforcement/

S. “Refugee Protection Act”
Introduced by Sen. Patrick Leahy (D-VT) on 6/15/11
Section 2 defines the terms, “asylum seeker” and “secretary.” Section 3 amends Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2 by adding “or the Secretary of Homeland Security” after “Attorney General,” by adding a clause which allows consideration for an asylum seeker’s application if the alien can demonstrate the “existence of changed circumstances that materially affect the applicant’s eligibility for asylum,” and by including when an alien can reopen asylum claims. Section 4 states an alien is inadmissible if involved in terrorist activity, unless the alien lacked knowledge, was under duress at the time, or was younger than 18 years of age. It also defines the phrases “engage in terrorist activity.” Section 5 defines the term “refugee,” poses conditions for granting asylum, and removal proceedings. The Attorney General may appoint counsel to an alien. Section 242(b) of the Immigration and Nationality Act (! 8 U.S.C. 1252(b is amended to state that aliens should not be removed during a 30 day period.
Link to Text of Bill
Views on this bill:
http://www.humanrightsfirst.org/2011/06/15/new-legislation-would-help-restore-u-s-commitment-to-refugee-protection/

http://www.aila.org/content/default.aspx?docid=35929

http://akaka.senate.gov/press-releases.cfm?method=releases.view&id=41d4f39b-1074-42ff-b7d0-23966f3ccc43

S. 416 “North Korean Refugee Adoption Act of 2011”
Introduced by Sen. Burr (R-NC) on 2/28/11; Referred to Committee
A bill to develop a strategy for assisting stateless children from North Korea, and for other purposes. Section 3 defines the terms “foreign-sending country,” “Hague country,” and “non-Hague country.” The Secretary of State “shall develop a comprehensive strategy for facilitating the adoption of North Korean children by United States citizens” and consider challenges U.S. citizens would encounter in attempting to adopt North Korean children, work with South Korea to help orphaned North Korean children who are residing there, and identify other nations in which “large numbers of stateless, orphaned children are living who might be helped by international adoption,” among other purposes.
Link to Text of Bill
Views on this bill:
http://burr.senate.gov/public/index.cfm?FuseAction=PressOffice.PressReleases&ContentRecord_id=6e2c3534-bd1d-a56a-6117-8899aca97c3a

S. 503 “English Language Unity Act of 2011”
Introduced by Sen. Inhofe (R-OK) on 3/8/11; Referred to Committee 3/10/11
Section 3 amends Title 4 of the United States Code by adding at the end the following new chapter that English should be the official language of the United States and that a uniform English language rule should be implemented for naturalization. Section 4 amends chapter 1 of title 1 of the U.S.C. by stating there should be no misconstructions of the English language texts of the laws of the United States. All this is pursuant to Congress' powers to provide for the general welfare of the United States and to establish a uniform rule of naturalization under Article I, Section 8, of the Constitution.
Link to Text of Bill
Views on this bill:
http://inhofe.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=a59abfba-c816-c4c9-a4cc-481a59e3df26

http://minnesotaindependent.com/79027/bachmann-sponsors-bill-to-make-english-official-u-s-language

S. 565 “Startup Visa Act of 2011”
Introduced by Sen. Kerry (D-MA) on 3/14/11; Referred to Committee 3/14/11
To establish an employment-based immigrant visa for alien entrepreneurs who have received significant capital from investors to establish a business in the United States.
Section 2 amends Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 203(b to add that an allocated amount of StartUp visas shall be made available to qualified immigrant entrepreneurs. This section further explains the qualifications that an immigrant entrepreneur must satisfy in order to be eligible for a StartUp visa. Section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b) is amended by changing “Attorney General” to “Secretary of Homeland Security,” and allows the Secretary of Homeland Security to terminte the permanent status of the sponsored entrepreneur and the alien spouse and children of said entrepreneur under circumstances specified in the bill.
Link to Text of Bill
Views on this bill:
http://kerry.senate.gov/press/release/?id=4e6a51f6-fb2b-4212-b299-b0c46c7e6b58

http://www.businessinsider.com/startup-visa-act-2011-3

http://www.cis.org/miano/startup-visa-fraud

S. 638 “SCAAP Reimbursement Protection Act of 2011”
Introduced by Sen. Feinstein (D-CA) on 3/17/11; Referred to Committee
To amend the Immigration and Nationality Act to provide for compensation to states incarcerating undocumented aliens charged with a felony or two or more misdemeanors. Section 241(i)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(3)(A is amended by inserting ‘charged with or' before ‘convicted.’
Link to Text of Bill
Views on this bill:
http://www.thepoliticalguide.com/rep_bios.php?rep_id=31951921&category=views&id=20100102143838

S. 639 “SCAAP Reauthorization Act”
Introduced by Sen. Feinstein (D-CA) on 3/17/11; Referred to Committee
To authorize to be appropriated $950,000,000 for each of the fiscal years 2012 through 2015 to carry out the State Criminal Alien Assistance Program.
Link to Text of Bill
Views on this bill:
http://www.ojp.usdoj.gov/BJA/grant/scaap.html

S. 656 “Liberian Refugee Immigration Fairness Act of 2011”
Introduced by Sen. Reed (D-RI) on 3/28/11; Referred to Committee
Adjusts to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States between January 1, 2011, through the date of status adjustment application; or (2) is the spouse, child, or unmarried son or daughter of such an alien. Requires adjustment applications to be filed not later than one year after the date of enactment of this Act.
Link to Text of Bill
Views on this bill:
http://reed.senate.gov/press/release/reed-reintroduces-the-liberian-refugee-immigration-fairness-act

http://www.energyofanation.org/Liberian_Immigration_Legislation.html

http://franken.senate.gov/?p=press_release&id=1414

http://ellison.house.gov/index.php?option=com_content&view=article&id=593:ellison-introduces-bill-to-protect-residency-status-of-liberian-political-refugees-in-minnesota&catid=1:latest&Itemid=

http://www.ethnictrends.info/pdfs/EthnicCapitalLiberians.pdf

S. 723 “Birthright Citizenship Act of 2011”
Introduced by Sen. Vitter (R-LA) on 4/5/11; Referred to Committee
Amends Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) by adding “Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitutions, a person born in the United States shall be considered ‘subject to the jurisdiction’ of the United States for purposes of subsection (a)(1) only if the person is born in the United States of parents, one of whom is – (1) a citizen or a national of the United States; (2) an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or (3) an alien performing active service in the armed forces.” This Act does not apply to those born before the enactment of this Act.
Link to Text of Bill
Views on this bill:
http://www.numbersusa.com/content/content/27/3205/4103

http://scgop.com/lexington-resolution-birthright-citizenship/

S. 290 “USA PATRIOT Act Sunset Extension Act of 2011”
Introduced by Sen. Leahy (D-VT) on 2/3/11; Reported by Committee 3/10/11
This section extends the sunsets on the provisions for “lone wolf,” roving wiretaps, and orders for tangible things from February 28, 2010 to December 31, 2013. This section establishes a sunset of December 31, 2013, on the use of National Security Letters (NSLs). This section also makes conforming amendments to FISA and other applicable laws consistent with the sunsets.
Link to Text of Bill
Views on this bill:
http://integrity-legal.com/legal-blog/tag/usa-patriot-act-sunset-extension-act-of-2011/

http://leahy.senate.gov/press/press_releases/release/?id=16e3e765-00e7-48eb-add7-a64f415e9c1d

http://www.themoralliberal.com/2011/04/21/patriot-act-up-for-extension-our-liberties-on-the-line/

http://jonathanturley.org/2011/01/30/on-civil-liberties-take-3-speak-out-against-the-usa-patriot-act-sunset-extension-act-of-2011

S. 291 “USA PATRIOT Reauthorization Act of 2011”
Introduced by Sen. McConnell (R-KY) on 2/3/11; Reported by Committee (2/4/11)
A bill to repeal the sunset provisions in the USA PATRIOT Improvement and Reauthorization Act of 2005 and other related provisions and permanently reauthorize the USA PATRIOT Act.
Link to Text of Bill
Views on this bill:
http://www.aclu.org/national-security/house-holds-hearing-reauthorization-patriot-act

http://www.reformthepatriotact.org/

http://www.bordc.org/patriot/talkingpoints.php

House Bills H.R. 140 “Birthright Citizenship Act of 2011”
Introduced by Rep. Steve King (R-IA) on 1/5/11; Referred to Committee
Amends section 301 of the Immigration and Nationality Act to consider a person born in the United States "subject to the jurisdiction" of the United States for citizenship at birth purposes if the person is born in the United States of parents, one of whom is: an U.S. citizen or national, a lawful permanent resident alien whose residence is in the United States, or an alien performing active service in the U.S. Armed Forces.
Link to Text of Bill
Views on this bill:
http://www.huffingtonpost.com/william-petrocelli/the-birthright-act-its-ba_b_806557.html

http://www.examiner.com/political-transcripts-in-national/illegal-immigration-rep-king-introduces-birthright-citzenship-act-of-2011

H.R. 692 “Nuclear Family Priority Act”
Introduced by Rep. Gingrey (R-GA) on 2/14/11; Referred to Committee
Amends the Immigration and Nationality Act to replace existing family-sponsored immigrant categories with a single preference allocation for spouses and children of permanent resident aliens. Reduces the number of, and revises the calculation for, fiscal year family-sponsored immigrant entrants. Establishes a nonimmigrant visa category for an alien who is a parent of a U.S. citizen at least 21 years old.
Link to Text of Bill
Views on this bill:
http://www.numbersusa.com/content/news/may-9-2008/rep-phil-gingrey-introduces-nuclear-fami.html

http://gingrey.house.gov/News/DocumentSingle.aspx?DocumentID=64539

http://www.c-spanvideo.org/videoLibrary/clip.php?appid=595576577

H.R. 693 “E-Verify Modernization Act of 2011”
Introduced by Rep. Gingrey (R-GA) on 2/14/11; referred to committee
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) to make the E-Verify program permanent and mandatory for all employers. It adds the following, “The person or other entity [who hires the individual] ay wait for confirmation of the individual’s identity and work eligibility before beginning to pay or train the individual.” A person or entity can also use the program to “verify the employment authorization of an employee hired prior to the participation in the program only if the person or other entity verifies the employment authorization of every employee hired prior to the participation in the program.”
Link to Text of Bill
Views on this bill:
http://www.aila.org/content/default.aspx?docid=34411

http://jonathanturley.org/2011/05/15/an-effective-solution-to-illegal-immigration/

H.R. 699 “Tibetan Refugee Assistance Act of 2011”
Introduced by Rep. Sensenbrenner (R-WI) on 2/14/11
Makes 3,000 immigrant visas in FY2012-FY2014 available to individuals who are natives of Tibet, (born in Tibet, or whose parents or grandparents were born in Tibet) and have been continuously residing in India or Nepal prior to the date of the enactment of this Act. Preference will be given to those qualified displaced Tibetans who are not resettled in India or Nepal or who are most likely to be resettled successfully in the United States.
Link to Text of Bill
Views on this bill:
http://georgemiller.house.gov/blogs/blog/2011/02/tibetan-refugee-assistance-act-1.shtml

H.R. 704 “Security and Fairness Enhancement (SAFE) for America Act”
Introduced by Rep. Goodlatte (R-VA) on 2/15/11
A bill to amend the Immigration and Nationality Act to eliminate the diversity immigrant program.
Link to Text of Bill
Views on this bill:
http://www.fairus.org/site/News2?page=NewsArticle&id=24021&security=1601&news_iv_ctrl=0

http://www.fas.org/sgp/crs/misc/R41747.pdf

http://judiciary.house.gov/hearings/pdf/Kephart04052011.pdf

H.R. 713 “Keeping Families Together Act of 2011”
Introduced by Rep. Filner (D-CA) on 2/15/11
Amends IIRAIRA to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien. Amends the INA to revise detention of criminal alien provisions, effective as if included in the Act. Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States, and (2) the definition of "conviction." Authorizes the DHS Secretary to admit certain lawfully admitted permanent resident aliens returning to the U.S. who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of AEDPA and the Act had not been enacted. Revises provisions respecting judicial review of removal orders. Requires the Secretary to establish a post-proceeding remova! l relief process for affected aliens.
Link to Text of Bill
Views on this bill:
vhttp://www.nami.org/Template.cfm?Section=juvenile_justice_and_child_welfare&template=/ContentManagement/ContentDisplay.cfm&ContentID=54687

http://www.aacap.org/cs/legislative_action_110th_congress/aacap_keeping_families_together_act

http://www.apa.org/about/gr/pi/advocacy/2003/family-together.aspx

H.R. 714 “Visitors Interested in Strengthening America (VISA) Act of 2011”
Introduced by Rep. Filner (D-CA) on 2/15/11
Amends the Immigration and Nationality Act by authorizing a Department of Homeland Security (DHS) official to waive certain entry documentary requirements for a nonimmigrant child (unmarried and under the age of 16) who is a citizen or national of Mexico and accompanying parent or adult chaperone in instances of regular medical visits, student groups coming to participate in an education or cultural event, or special community events that traditionally have been attended by individuals from both sides of the border. Sets forth additional requirements for such entries.
Link to Text of Bill
Views on this bill:
http://www.federalregister.gov/articles/2011/04/26/2011-10079/exchange-visitor-program-summer-work-travel

H.R. 717 “Save Our Border Communities Act”
Introduced by Rep. Filner (D-CA) on 2/15/11
A bill to authorize federal payment to first responders, including police, firefighters, and emergency medical technicians, for costs associated with providing emergency services at the international borders of the United States, but only to the extent that such costs are not otherwise reimbursed through any Federal program and cannot otherwise be recovered.
Link to Text of Bill
Views on this bill:
http://www.iupa.org/images/pdf/LettertoCongressmanFilnerRegardingSaveOurBorderCommunitiesActof2011.pdf

H.R. 800 “Jobs Recovery by Ensuring a Legal American Workforce Act of 2011”
Introduced by Rep. Carter (R-TX) on 2/18/11
Makes the E-verify program permanent, and to provide for penalties to enforce compliance with the program, and for other purposes. The Secretary of the Department of Homeland Securities is authorized to increase by nor more than 6 the number of fulltime employees for monitoring employer adherence to the program, establish procedures for the identification of cases of potential fraud or misuse of the E-Verify program, among other purposes. Clarifies that wages paid to unauthorized aliens may not be deducted from gross income and establishes penalties for failure to file information returns.
Link to Text of Bill
Views on this bill:
http://www.numbersusa.com/content/news/february-23-2011/rep-john-carter-introduces-bi-partisan-bill-would-require-e-verify.html

http://capwiz.com/caps/issues/alert/?alertid=30766531

http://capwiz.com/fair/callalert/index.tt?alertid=32816501

http://www.capwiz.com/aila2/issues/bills/

H.R. 915 “Jaime Zapata Border Enforcement Security Task Force Act”
Introduced by Rep. Cuellar (D-TX) on 03/03/11
To establish a Border Enforcement Security Task Force program to enhance border security by fostering coordinated efforts among Federal, State, local, triable, and foreign law enforcement agencies to protect United States border cities and communities from trans-national crime, including violence associated with drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across the international borders of the United States as measured by crime statistics, including violent deaths, incidents of violence, and drug-related arrests.
Link to Text of Bill
Views on this bill:
http://cuellar.house.gov/News/DocumentSingle.aspx?DocumentID=244310

http://laredobuzz.com/2011/06/bill-named-after-ice-special-agent-jaime-zapata-heads-for-vote-in-house-homeland-security-committee/

H.R. 932 “Criminal Alien Removal Act of 2011”
Introduced by Rep. Rooney (R-FL) on 03/03/11
Directs the DHS Secretary to carry out a Criminal Alien Program to: (1) identify incarcerated criminal aliens, (2) ensure that such aliens are not released into the community, and (3) remove such aliens from the United States upon release. Makes a state that does not cooperate with the Secretary to carry out the Program ineligible for Department of Justice (DOJ) law enforcement grant programs (including the criminal alien incarceration program under the Immigration and Nationality Act). Authorizes appropriate state officials to: (1) hold an illegal alien for up to 14 days after completion of the term of incarceration in order to effectuate transfer to federal custody if the alien is removable or not lawfully present in the United States, and (2) issue a detainer permitting an alien who completes a term of incarceration to be held until U.S. Immigration and Customs Enforcement takes the alien into custody.
Link to Text of Bill
Views on this bill:
http://rooney.house.gov/index.php?option=com_content&task=view&id=3177&Itemid=300078

http://www.newyorkimmigrationlawyersblog.com/2011/03/new-immigration-bill-introduce.html

H.R. 933 “Immigration Oversight and Fairness Act”
Introduced by Rep. Roybal-Allard (D-CA) on 03/03/11
Sets forth detention standards for immigration detention facilities. Directs the Secretary of Homeland Security (DHS) to: (1) convene a detention advisory committee; (2) promulgate regulations regarding detainee care and custody; (3) implement secure alternatives to detention programs under which eligible aliens are released under supervision, assistance, and monitoring that ensure their appearance at all immigration interviews, appointments, and hearings; and (4) provide protective detention alternatives for specified categories of vulnerable aliens.
Link to Text of Bill
Views on this bill:
http://www.aila.org/content/default.aspx?docid=26745

H.R. 959 “Secure Travel and Counterterrorism Partnership Program Act of 2011”
Introduced by Rep. Quigley (D-IL) on 03/08/11
The “Secure Travel and Counterterrorism Partnership Program Act of 2011” amends the Immigration and Nationality Act to designate visa waiver program countries based upon a visa overstay rate of not more than 3 percent during the previous fiscal year but gives the Secretary of Homeland Security authority and discretion to waive the overstay rate.
Link to Text of Bill
Views on this bill:
http://m.whitehouse.gov/the-press-office/2011/05/28/text-letter-president-regarding-poland-and-visa-waiver-program

http://www.heritage.org/research/reports/2011/03/jumpstarting-the-visa-waiver-program-to-increase-security-and-economic-prosperity

http://www.centraleurope.org/index.php?option=com_content&view=article&id=94:cebas-call-for-action-to-help-support-visa-waiver-legislation-for-poland

H.R. 997 “English Language Unity Act of 2011”
Introduced by Rep. King (R-IA) on 03/10/11
The “English Language Unity Act of 2011” declares English as the official language of the United States, establishes a uniform English language rule for naturalization, and aims to avoid misconstructions of the English language texts of the laws of the United States, pursuant to Congress' powers to provide for the general welfare of the United States and to establish a uniform rule of naturalization under Article I, Section 8, of the Constitution.

http://www.us-english.org/view/820

http://inhofe.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=a59abfba-c816-c4c9-a4cc-

481a5http://www.washingtonmonthly.com/archives/individual/2011_03/028435.php9e3df26

H.R. 1091 “Unlawful Border Entry Prevention Act of 2011”
Introduced by Rep. Hunter (R-CA) on 3/15/11
The “Unlawful Border Entry Prevention Act of 2011” amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to authorize the Secretary of Homeland Security (DHS) to construct an additional 350 or more miles of reinforced fencing along the southwest border. It also prohibits fencing or any other similar physical infrastructure along the southwest border in existence on December 31, 2010, from being considered in meeting such mileage requirement. The bill also requires the Secretary to submit a plan to Congress to gain operational control of any sector of the southwest border in which there has been a 40% increase over the preceding fiscal year of DHS apprehensions of individuals unlawfully entering the United States.
Link to Text of Bill
Views on this bill:
http://www.examiner.com/law-enforcement-in-national/new-bill-hr-1091-introduced-congress-to-secure-border

H.R. 1134 “Enforce the Law for Sanctuary Cities Act”
Introduced by Rep. Hunter (R-CA) on 3/16/11
The “Enforce the Law for Sanctuary Cities Act” amends section 241(i) of the `

Author: Editorial Staff

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