Emergency Immigration Workload Reduction and Homeland Security Enhancement Act of 2003
PROPOSED BILL
*************
108th CONGRESS
1st Session
H. R. 2235
To suspend certain nonessential visas, in order to provide temporary workload relief critical to the successful reorganization of the immigration and naturalization functions of the Department of Homeland Security, to ensure that the screening and monitoring of arriving immigrants and nonimmigrants, and the deterrence of entry and settlement by illegal or unauthorized aliens, is sufficient to maintain the integrity of the sovereign borders of the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 22, 2003
Mr. GRAVES introduced the following bill; which was referred to the Committee on the Judiciary
--------------------------------------------------------------------------------
A BILL
To suspend certain nonessential visas, in order to provide temporary workload relief critical to the successful reorganization of the immigration and naturalization functions of the Department of Homeland Security, to ensure that the screening and monitoring of arriving immigrants and nonimmigrants, and the deterrence of entry and settlement by illegal or unauthorized aliens, is sufficient to maintain the integrity of the sovereign borders of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; SEVERABILITY; EFFECTIVE DATE.
(a) SHORT TITLE- This Act may be cited as the `Emergency Immigration Workload Reduction and Homeland Security Enhancement Act of 2003'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents; severability; effective date.
Sec. 2. Findings.
Sec. 3. Temporary suspension of visa waiver program.
Sec. 4. Temporary suspension of adjustment of status.
Sec. 5. Temporary suspension of renewals of temporary protected status.
Sec. 6. Temporary suspension of certain immigrant visa programs.
Sec. 7. Restriction of nonimmigrant visas for nationals of countries denying or delaying acceptance of aliens.
Sec. 8. Waivers of temporary suspensions.
Sec. 9. Termination of temporary suspensions.
Sec. 10. Suspension of nonimmigrant visas.
Sec. 11. Temporary funding for detention and removal assistance provided by State and local law enforcement agencies.
(c) SEVERABILITY- If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of the Act, and the application of this Act to any other person or circumstance, shall not be affected by such holding.
(d) EFFECTIVE DATE- This Act shall take effect in each local time zone upon the commencement in such zone of the first Sunday that occurs two weeks after the date of the enactment of this Act.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The effective establishment and organization of the Directorate of Border and Transportation Security of the Department of Homeland Security is imperative if the Directorate is to carry out the immigration enforcement responsibilities delegated to it by the Congress in the manner expected by the American people.
(2) The effective implementation of these duties will not be achieved without an unacceptable compromise to the security interests of the United States unless certain immigration programs are temporarily suspended, and other material assistance is provided to law enforcement agencies and other entities that support the immigration enforcement functions of the Directorate, until such time as the Secretary of Homeland Security can make the certifications to Congress required in section 9.
(3) Such certifications, taken together, will establish the effective operational transfer of immigration enforcement functions to the new Directorate.
SEC. 3. TEMPORARY SUSPENSION OF VISA WAIVER PROGRAM.
The admission of aliens to the United States under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is suspended.
SEC. 4. TEMPORARY SUSPENSION OF ADJUSTMENT OF STATUS.
(a) IN GENERAL- The authority of the Secretary of Homeland Security to adjust the status of any alien to that of an alien lawfully admitted for permanent residence under section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b) or section 245 of such Act (8 U.S.C. 1187), is suspended.
(b) EFFECT ON APPLICATIONS- The suspension described in subsection (a) shall include the suspension of acceptance for filing of applications for the adjustments of status described in such subsection.
SEC. 5. TEMPORARY SUSPENSION OF RENEWALS OF TEMPORARY PROTECTED STATUS.
The authority of the Secretary of Homeland Security to extend any designation made under subparagraph (B) or (C) of section 244(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1254(b)(1)) is suspended.
SEC. 6. TEMPORARY SUSPENSION OF CERTAIN IMMIGRANT VISA PROGRAMS.
(a) BROTHERS AND SISTERS OF CITIZENS- The allocation of family-sponsored immigrant visas to alien brothers and sisters of citizens under section 203(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(4)), and the admission of such aliens to the United States as immigrants, is suspended.
(b) SONS AND DAUGHTERS OF CITIZENS- The allocation of family-sponsored immigrant visas to alien sons and daughters of citizens under paragraph (1) or (3) of section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)), and the admission of such aliens to the United States as immigrants, is suspended.
(c) UNMARRIED SONS AND DAUGHTERS OF PERMANENT RESIDENT ALIENS-
(1) IN GENERAL- The allocation of family-sponsored immigrant visas to aliens who are the unmarried sons and daughters (but are not the children) of an alien lawfully admitted for permanent residence under section 203(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(B)), and the admission of such aliens to the United States as immigrants, is suspended.
(2) CHILDREN- The allocation of family-sponsored immigrant visas to aliens who are the children
of an alien lawfully admitted for permanent residence under section 203(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(A)), and the admission of such aliens to the United States as immigrants, is suspended, except that this paragraph shall not apply to dependent children who are under 18 years of age at the time an immigrant visa becomes available to the child.
(d) DIVERSITY IMMIGRANTS- The allocation of immigrant visas to aliens under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)), and the admission of such aliens to the United States as immigrants, is suspended.
(e) EFFECT ON CLASSIFICATION PETITIONS- The suspensions of immigrant visa allocations described in this section shall include the suspension of acceptance for filing of petitions for classification under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) with respect to the affected immigrant visa categories.
SEC. 7. RESTRICTION OF NONIMMIGRANT VISAS FOR NATIONALS OF COUNTRIES DENYING OR DELAYING ACCEPTANCE OF ALIENS.
(a) PUBLIC LISTING OF ALIENS WITH NO SIGNIFICANT LIKELIHOOD OF REMOVAL-
(1) IN GENERAL- The Secretary of Homeland Security shall establish and maintain a public listing of every alien who is subject to a final order of removal and with respect to whom the Secretary or any Federal court has determined that there is no significant likelihood of removal in the reasonably foreseeable future due to the refusal, or unreasonable delay, of all countries designated by the alien or under this section to receive the alien.
(2) DISCONTINUATION OF VISAS- In the case of any foreign state for which 24 or more of the citizens, subjects, or nationals of such state appear on the public listing described in paragraph (1), such foreign state shall be deemed to have denied or unreasonably delayed the acceptance of such aliens, and the Secretary of Homeland Security shall make the notification to the Secretary of State prescribed in section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)). Consular officers in such foreign state shall accordingly discontinue the issuance of nonimmigrant visas to citizens, subjects, or nationals of the state.
(b) SUNSET- Subsection (a) shall sunset in accordance with section 9.
SEC. 8. WAIVERS OF TEMPORARY SUSPENSIONS.
(a) IN GENERAL- The Secretary of Homeland Security may, in the Secretary's discretion--
(1) waive on an individual case-by-case basis sections 4, 6, and 7; or
(2) waive, with the concurrence for the Secretary of State, section 3 for designated classes of applicants, if such applicants are not inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or deportable under section 237(a) of such Act (8 U.S.C 1227).
(b) DELEGATION- The Secretary of Homeland Security may, in the discretion of the Secretary, delegate to the Secretary of State, for designated classes of applicants, the waiver authority of subsection (a)(1) with respect to sections 6 and 7.
SEC. 9. TERMINATION OF TEMPORARY SUSPENSIONS.
.................
SEC. 10. SUSPENSION OF NONIMMIGRANT VISAS.
..................
END
What do you guys think about this Proposed Bill ???
PROPOSED BILL
*************
108th CONGRESS
1st Session
H. R. 2235
To suspend certain nonessential visas, in order to provide temporary workload relief critical to the successful reorganization of the immigration and naturalization functions of the Department of Homeland Security, to ensure that the screening and monitoring of arriving immigrants and nonimmigrants, and the deterrence of entry and settlement by illegal or unauthorized aliens, is sufficient to maintain the integrity of the sovereign borders of the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 22, 2003
Mr. GRAVES introduced the following bill; which was referred to the Committee on the Judiciary
--------------------------------------------------------------------------------
A BILL
To suspend certain nonessential visas, in order to provide temporary workload relief critical to the successful reorganization of the immigration and naturalization functions of the Department of Homeland Security, to ensure that the screening and monitoring of arriving immigrants and nonimmigrants, and the deterrence of entry and settlement by illegal or unauthorized aliens, is sufficient to maintain the integrity of the sovereign borders of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; SEVERABILITY; EFFECTIVE DATE.
(a) SHORT TITLE- This Act may be cited as the `Emergency Immigration Workload Reduction and Homeland Security Enhancement Act of 2003'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents; severability; effective date.
Sec. 2. Findings.
Sec. 3. Temporary suspension of visa waiver program.
Sec. 4. Temporary suspension of adjustment of status.
Sec. 5. Temporary suspension of renewals of temporary protected status.
Sec. 6. Temporary suspension of certain immigrant visa programs.
Sec. 7. Restriction of nonimmigrant visas for nationals of countries denying or delaying acceptance of aliens.
Sec. 8. Waivers of temporary suspensions.
Sec. 9. Termination of temporary suspensions.
Sec. 10. Suspension of nonimmigrant visas.
Sec. 11. Temporary funding for detention and removal assistance provided by State and local law enforcement agencies.
(c) SEVERABILITY- If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of the Act, and the application of this Act to any other person or circumstance, shall not be affected by such holding.
(d) EFFECTIVE DATE- This Act shall take effect in each local time zone upon the commencement in such zone of the first Sunday that occurs two weeks after the date of the enactment of this Act.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The effective establishment and organization of the Directorate of Border and Transportation Security of the Department of Homeland Security is imperative if the Directorate is to carry out the immigration enforcement responsibilities delegated to it by the Congress in the manner expected by the American people.
(2) The effective implementation of these duties will not be achieved without an unacceptable compromise to the security interests of the United States unless certain immigration programs are temporarily suspended, and other material assistance is provided to law enforcement agencies and other entities that support the immigration enforcement functions of the Directorate, until such time as the Secretary of Homeland Security can make the certifications to Congress required in section 9.
(3) Such certifications, taken together, will establish the effective operational transfer of immigration enforcement functions to the new Directorate.
SEC. 3. TEMPORARY SUSPENSION OF VISA WAIVER PROGRAM.
The admission of aliens to the United States under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is suspended.
SEC. 4. TEMPORARY SUSPENSION OF ADJUSTMENT OF STATUS.
(a) IN GENERAL- The authority of the Secretary of Homeland Security to adjust the status of any alien to that of an alien lawfully admitted for permanent residence under section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b) or section 245 of such Act (8 U.S.C. 1187), is suspended.
(b) EFFECT ON APPLICATIONS- The suspension described in subsection (a) shall include the suspension of acceptance for filing of applications for the adjustments of status described in such subsection.
SEC. 5. TEMPORARY SUSPENSION OF RENEWALS OF TEMPORARY PROTECTED STATUS.
The authority of the Secretary of Homeland Security to extend any designation made under subparagraph (B) or (C) of section 244(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1254(b)(1)) is suspended.
SEC. 6. TEMPORARY SUSPENSION OF CERTAIN IMMIGRANT VISA PROGRAMS.
(a) BROTHERS AND SISTERS OF CITIZENS- The allocation of family-sponsored immigrant visas to alien brothers and sisters of citizens under section 203(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(4)), and the admission of such aliens to the United States as immigrants, is suspended.
(b) SONS AND DAUGHTERS OF CITIZENS- The allocation of family-sponsored immigrant visas to alien sons and daughters of citizens under paragraph (1) or (3) of section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)), and the admission of such aliens to the United States as immigrants, is suspended.
(c) UNMARRIED SONS AND DAUGHTERS OF PERMANENT RESIDENT ALIENS-
(1) IN GENERAL- The allocation of family-sponsored immigrant visas to aliens who are the unmarried sons and daughters (but are not the children) of an alien lawfully admitted for permanent residence under section 203(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(B)), and the admission of such aliens to the United States as immigrants, is suspended.
(2) CHILDREN- The allocation of family-sponsored immigrant visas to aliens who are the children
of an alien lawfully admitted for permanent residence under section 203(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(A)), and the admission of such aliens to the United States as immigrants, is suspended, except that this paragraph shall not apply to dependent children who are under 18 years of age at the time an immigrant visa becomes available to the child.
(d) DIVERSITY IMMIGRANTS- The allocation of immigrant visas to aliens under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)), and the admission of such aliens to the United States as immigrants, is suspended.
(e) EFFECT ON CLASSIFICATION PETITIONS- The suspensions of immigrant visa allocations described in this section shall include the suspension of acceptance for filing of petitions for classification under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) with respect to the affected immigrant visa categories.
SEC. 7. RESTRICTION OF NONIMMIGRANT VISAS FOR NATIONALS OF COUNTRIES DENYING OR DELAYING ACCEPTANCE OF ALIENS.
(a) PUBLIC LISTING OF ALIENS WITH NO SIGNIFICANT LIKELIHOOD OF REMOVAL-
(1) IN GENERAL- The Secretary of Homeland Security shall establish and maintain a public listing of every alien who is subject to a final order of removal and with respect to whom the Secretary or any Federal court has determined that there is no significant likelihood of removal in the reasonably foreseeable future due to the refusal, or unreasonable delay, of all countries designated by the alien or under this section to receive the alien.
(2) DISCONTINUATION OF VISAS- In the case of any foreign state for which 24 or more of the citizens, subjects, or nationals of such state appear on the public listing described in paragraph (1), such foreign state shall be deemed to have denied or unreasonably delayed the acceptance of such aliens, and the Secretary of Homeland Security shall make the notification to the Secretary of State prescribed in section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)). Consular officers in such foreign state shall accordingly discontinue the issuance of nonimmigrant visas to citizens, subjects, or nationals of the state.
(b) SUNSET- Subsection (a) shall sunset in accordance with section 9.
SEC. 8. WAIVERS OF TEMPORARY SUSPENSIONS.
(a) IN GENERAL- The Secretary of Homeland Security may, in the Secretary's discretion--
(1) waive on an individual case-by-case basis sections 4, 6, and 7; or
(2) waive, with the concurrence for the Secretary of State, section 3 for designated classes of applicants, if such applicants are not inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or deportable under section 237(a) of such Act (8 U.S.C 1227).
(b) DELEGATION- The Secretary of Homeland Security may, in the discretion of the Secretary, delegate to the Secretary of State, for designated classes of applicants, the waiver authority of subsection (a)(1) with respect to sections 6 and 7.
SEC. 9. TERMINATION OF TEMPORARY SUSPENSIONS.
.................
SEC. 10. SUSPENSION OF NONIMMIGRANT VISAS.
..................
END
What do you guys think about this Proposed Bill ???
