Senator Menendez's Comprehensive Immigration Reform Act 2010 Summary
Below is a section by section highlight of Senator Menendez's Comprehensive Immigration Reform Act of 2010:
Subtitle A. Additional Assets and Resources
Section 101. Effective Date Triggers
Lawful prospective immigrants may not adjust their status to permanent residence until the DHS Secretary certifies that the following measures are established, funded, and operational:
Section 102. Customs and Border Protection Personnel
....This bill allocates $40 million from the 2010 DHS Appropriations Act to fund 250 new Custom and Border Protection officers and 25 support staff at new ports of entry along the Southwest border. By 2013, DHS shall hire, train, and assign to duty 2,500 CBP officers to serve at points of entry along the Northern border; 2,500 CBP officers to serve at points of entry along the Southern border; and 350 support staff for all U.S.
ports of entry. This section requires DHS to write and submit to Congress a report on the Department’s plan for placing CBP officers on outbound inspections at all Southern land ports of entry. This section also authorizes the DHS Secretary to make $55 million in retention payments to retain qualified CBP port of entry officers in the form of $5,000 to $10,000 payments.
Subtitle B. Enhanced Coordination and Planning for Border Security
Section 121. Annual Report on Improving North American Security Information Exchange
This section requires the Secretary of State, in coordination with the DHS Secretary and other appropriate federal agency heads, to submit an annual report to Congress on the status of improvements to information exchange related to North American security.
Section 122. Cooperation with the Government of Mexico
This section outlines steps for increased cooperation of the Secretary of State and federal, state, and local law enforcement with Mexican officials about (1) increased cooperation regarding border security and the reduction in violence and criminal activity; (2) informing Mexican citizens and nationals of U.S. immigration laws; (3) encouraging return migration; and (4) working with affected communities to foster greater understanding of migration issues. The Secretary of State will submit a report to Congress on U.S. and Mexican actions regarding the above issues.
Title II: Interior Enforcement
Subtitle A: Prevention of Unauthorized Entries and Removal
Chapter 1. Strengthening the Visa Waiver Program to Secure America and Enforcing Entry and Exit Requirements
This Chapter includes Sen. Feinstein’s bill - “the Strengthening the Visa Waiver Program to Secure America Act.”
Section 201. Enforcement of Requirement to Report Lost or Stolen Passports.
Within 180 days after the date of the enactment, each Visa Waiver program country shall have in effect an agreement with the United States as required by section 217(c)(2)(D) of the Immigration and Nationality Act.
Subtitle B: Detention Reform
Section 242. Protections for Vulnerable Populations
This section outlines protections afforded to vulnerable populations who are eligible for release if detained in an immigration-related enforcement activity. Vulnerable populations include individuals with non-frivolous claims to citizenship; pregnant or nursing women; individuals detained with their children; individuals with medical or mental health needs; individuals over 65 years old; children; victims of abuse, crime, or human trafficking; individuals referred for credible fear interviews; individuals seeking asylum, Convention Against Torture, or withholding of removal; and individuals eligible for relief under the INA.
Section 243. Apprehension Procedures for Immigration Enforcement-Related Activities Relating to Children This section outlines procedures for immigration enforcement actions that involve children. Prior to conducting an action, DHS will notify the Governor of the state, the local child welfare agency, and relevant state and local law enforcement of the approximate number of individuals targeted and the primary language spoken by those individuals.
Title III. Worksite Enforcement
Section 301. Unlawful Employment of Aliens This section amends INA Section 274A. It includes a mandatory national employment verification system, provisions regarding the employment of unauthorized aliens, the verification of employee work authorization, the requirements and protocols for a national employment
verification system (currently, E-Verify), and protections against discriminatory immigrationrelated employment practices.
Title IV. Reforming America’s Legal Immigration System Subtitle A. New Worker Program and the Creation of a Standing Commission
Section 401. Standing Commission on Immigration, Labor Markets, and the National Interest
This section establishes a new 14-member independent federal agency to establish employmentbased
immigration policies, facilitate research on the economic impacts of immigration, make recommendations to Congress and the President about the level of employment-based immigration, and analyze the economic, labor, security, and foreign policy impacts of our immigration policies. The Commission will be comprised of the DHS Secretary, Secretary of State, Attorney General, Secretary of Labor, Secretary of Health and Human Services, Secretary of Agriculture, the Social Security Commissioner, and seven non-governmental
Chapter 2. Uniting Families Act This Chapter incorporates H.R. 2709.
Section 422. Definitions of Permanent Partner and Permanent Partnership
This section defines “permanent partner” and “permanent partnership” as terms of art for inclusion in the INA. This section expands the definition of “child” under the INA to ensure that the biological and/or adopted children of an alien permanent partner can apply to adjust status...
Chapter 3. Reforms to Specific Employment-Based Visa Categories
Subchapter A. Reforms to the EB-5 Program
Section 431. EB-5 Regional Center Program Fees
The EB-5 visa program grants visas to aliens who engage in commercial activity that benefit the U.S. economy and create U.S. jobs. This section imposes an additional $2,500 fee to apply for designation as a regional center. It also establishes a new Treasury account called the “Immigrant Entrepreneur Regional Center Account.” This section allows alien investors to guarantee the processing of their EB-5 visa within 60 days by paying an additional $2,500 fee.
Section 432. Adjustment of Status
This section states that EB-5 immigrant visa holders are eligible to adjust their status under INA 245. If, at the time a petition is filed for classification through a regional center under section 203(b)(5), approval of the petition would make a visa immediately available to the alien beneficiary, the alien beneficiary’s adjustment application under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition.
Chapter 4. Protection of H-2B Nonimmigrants and Workers Recruited Abroad
Section 441. Definitions
Section 442. Protections for Workers Recruited Abroad
Individuals who contract for foreign labor must disclose at the time of recruitment to any worker recruited for employment the following information about the job position: the place of employment, compensation and other benefits, description of activities, the period of employment, travel or transportation expense, the existence of any labor organizing activity, the existence of any arrangement in which an individual or entity will receive a commission for providing services to workers, the extent of compensation otherwise for injuries or deaths, any training or education to be provided and whether the training is a condition of employment, and a statement describing protections under this Act for workers recruited abroad.
Chapter 5. H-1B and L-1 Visa Reforms
Subchapter A. H-1B Employer Application Requirements
Section 451. Application Requirements Modification of application requirements: Subsection (a) amends INA 212(n)(1)(C) to add a requirement that employers who intend to file H-1B visa petitions must first advertise the job opening online for 30 days. The job description must include the wages, terms of employment, minimum requirements, and application process. Additionally, a petitioning employer cannot place an H-1B visa holder at another employer’s website unless the worker is primarily supervised by the petitioning employer and the placement is not a labor-for-hire arrangement.
Section 451. Application Requirements
Modification of application requirements: Subsection (a) amends INA 212(n)(1)(C) to add a requirement that employers who intend to file H-1B visa petitions must first advertise the job opening online for 30 days. The job description must include the wages, terms of employment, minimum requirements, and application process. Additionally, a petitioning employer cannot place an H-1B visa holder at another employer’s website unless the worker is primarily supervised by the petitioning employer and the placement is not a labor-for-hire arrangement.
Chapter 6. Miscellaneous Employment Visa Reforms
Section 461. Providing Premium Processing of Employment-Based Visa Petitions
This section authorizes the creation of a premium processing program for employment-based visa petitions and administrative appeals. Section 462. Visa Revalidation This section permits nonimmigrant visa holders under 101(a)(15) subparagraphs (E), (H), (I), (L), (O), or (P) to apply for visa renewals within the U.S. if (1) the visa is valid or has been expired for less than a year, (2) the alien is seeking the same type of visa, and (3) the alien has complied with all U.S. immigration laws and regulations.
Chapter 7. POWER Act
Section 471. Short Title
This chapter may be cited as the“ Protect Our Workers from Exploitation and Retaliation Act” or
the “POWER Act.”
Section 472. Victims of Serious Labor and Employment Violations or Crime
This section expands the U-visa category for aliens who are victims of crimes. INA Section 101(a)(15)(U)(i)(II) is amended to also apply to aliens who are victims of certain workplace labor and employment violations. Section 101(a)(15)(U)(i)(III) now also applies to aliens who are helpful to the Department of Homeland Security, to the Equal Employment Opportunity Commission, to the Department of Labor, to the National Labor Relations Board. This section also creates a temporary protection category for victims of serious labor and employment violations or crime.
Chapter 8. Agricultural Job Opportunities, Benefits and Society
Section 475. Short Title This chapter may be cited as the “Agricultural Job Opportunities, Benefits, and Security Act of 2010” or the “AgJOBS Act of 2010.”
50 Subchapter A. Blue Card Status
This subchapter establishes a program whereby aliens who can demonstrate a substantial past commitment to agricultural work in the U.S. are provided an opportunity to adjust their status to that of an alien in “blue card” status and, if they meet the program’s prospective agricultural work requirements and other criteria, adjust their status to that of a lawful permanent resident alien.
Section 476. Requirements for Blue Card Status
Prior Agricultural Work Requirements: To be eligible to adjust to blue card status, an alien must demonstrate that he or she performed agricultural employment in the U.S. for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2008. “Work day” is defined as 5.75 or more hours of agricultural employment.
