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IMMIGRATION RELATED BILLS PENDING BEFORE 109tth CONGRESS
Lal Varghese, Attorney at Law, Dallas
Below is a list of featured immigration-related bills introduced in the 109th Congress. The list is organized by topic, with Senate bills listed first. The letter S denotes the ‘Senate’ bill and the letter H. R denotes ‘House of Representatives’.
Due Process and Civil Liberties:
H.R. 1502 The Civil Liberties Restoration Act:
Introduced on April 6, 2005 by Representative Howard Berman (D-CA), H.R. 1502 seeks to roll back some of the most egregious post-9/11 policies and strike an appropriate balance between security needs and liberty interests. Among other things, H.R. 1502 would secure due process protections and civil liberties for non-citizens in the U.S., enhance the effectiveness of our nation’s enforcement activities, restore the confidence of immigrant communities in the fairness of our government, and facilitate our efforts at promoting human rights and democracy around the world.
H.R. 100 The Citizens and Legal Immigration Act:
Introduced on January 4, 2005, by Representative David Dreier (R-CA), H.R. 100 would: • Eliminate all statutory habeas review of removal orders in the federal district courts and funnel all habeas claims directly to the circuit courts of appeal. In and of itself this provision is unobjectionable—it would merely streamline the review process. That said, however, circuit courts in the 9th and 2nd circuits are already drowning from immigration appeals (a result of Attorney General Ashcroft’s Board of Immigration Appeals streamlining measures) and therefore would likely oppose this measure. • Attempt to set in statute the constitutional floor for habeas review at “pure questions of law and constitutional claims.” Enactment of this provision would create a huge amount of litigation (which this bill is purportedly designed to decrease) over the meaning of the phrase “pure questions of law.” • Transfer all habeas cases pending in the district courts to the courts of appeals. The problem with this provision is that many people who currently are precluded from filing petitions for review directly in courts of appeals and who plan to file habeas petitions might be precluded from any relief because of the 30-day filing deadlines in the circuit courts.
Immigration Reform:
S. 1438 The Comprehensive Enforcement and Immigration Reform Act of 2005 (CEIRA):
Introduced on July 20, 2005 by Senators John Cornyn (R-TX) and Jon Kyl (RAZ), S. 1438 would take an enforcement-only approach to comprehensive immigration reform, creating an unworkable “Deferred Mandatory Departure” program for certain undocumented immigrants present in the U.S., and a temporary worker program that would provide path to permanent status. Many of the bill’s enforcement provisions are excessive and counter-productive and would merely repackage failed measures from the past while massively increasing current enforcement initiatives that also have failed.
S. 1033 The Secure America and Orderly Immigration Act:
Introduced on May 12, 2005 by Senators John McCain (R-AZ), Edward Kennedy (D-MA) and others, S. 1033 would comprehensively reform our immigration laws so that they enhance our national security and address the concerns of American businesses and families. Among other things, the bill would: establish a break-the-mold new essential worker visa program (the H-5A visa) while also providing a mechanism by which eligible undocumented immigrants present in the U.S. on the date of the bill’s introduction could adjust to temporary nonimmigrant (H-5B) status; promote family unity and reduce backlogs; call for the creation and implementation of a national strategy for border security and enhanced border intelligence; create new enforcement regimes; and promote circular migration patterns. House companion legislation (H.R. 2330) was introduced on May 12 by Representatives Jim Kolbe (R-AZ), Jeff Flake (R-AZ), and Luis Gutierrez (DIL).
S. 359 The Agricultural Job Opportunities, Benefits, and Security (AgJobs) Act of 2005:
Introduced on February 10, 2005 by Senators Larry Craig (R-ID) and Edward Kennedy (D-MA), S. 359 would create an earned adjustment program for undocumented farm workers who would be eligible to apply for temporary immigration status based on their past work experience, and could become permanent residents upon satisfying prospective work requirements. The legislation would also streamline the existing H-2A foreign agricultural worker program while preserving and enhancing key labor protections. Representatives Chris Cannon (R-UT) and Howard Berman (D-CA) introduced a companion measure in the House (H.R. 884). The bill is similar to legislation that the two Senators introduced in the 108th Congress.
H.R. 2330 The Secure America and Orderly Immigration Act:
Introduced on May 12, 2005 by Representatives Jim Kolbe (R-AZ), Jeff Flake (R-AZ), and Luis Gutierrez (D-IL), H.R. 2330 would comprehensively reform our immigration laws so that they enhance our national security and address the concerns of American businesses and families. Among other things, the bill would: establish a break-the-mold new essential worker visa program (the H-5A visa) while also providing a mechanism by which eligible undocumented immigrants present in the U.S. on the date of the bill’s introduction could adjust to temporary nonimmigrant (H-5B) status; promote family unity and reduce backlogs; call for the creation and implementation of a national strategy for border security and enhanced border intelligence; create new enforcement regimes; and promote circular migration patterns. A Senate companion bill (S. 1033) was introduced on May 12 by Senators John McCain (R-AZ), Edward Kennedy (D-MA) and others.
H.R. 2092 The Save America Comprehensive Immigration Act of 2005:
Introduced on May 4, 2005 by Representative Sheila Jackson Lee (D-TX), H.R. 2092 would, among many other things, increase the allocation of family-based immigrant visas; provide age-out protection for children; provide earned access to legalization; provide adjustment of status for certain children; update the registry provisions; and enhance border security.
H.R. 884 The Agricultural Job Opportunities, Benefits, and Security (AgJobs) Act of 2005:
Introduced on February 17, 2005 by Representatives Chris Cannon (R-UT) and Howard Berman (D-CA), H.R. 884 would create an earned adjustment program for undocumented farm workers who would be eligible to apply for temporary immigration status based on their past work experience, and could become permanent residents upon satisfying prospective work requirements. The legislation would also streamline the existing H-2A foreign agricultural worker program while preserving and enhancing key labor protections. Senators Larry Craig (R-ID) and Edward Kennedy (D-MA) introduced a companion measure in the Senate (S. 359). The bill is similar to legislation that the two Representatives introduced in the 108th Congress.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matter collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You can reach Lal Varghese, Attorney at Law at (972) 788-0777 or (972) 788-1555 or Fax (972) 788-2202 or at e-mail: attylal@aol.com, for a free consultation on this subject matter. You can visit our website at: www.indiaimmigrationusa.com for more information about other related immigration matters.
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