106th Congress - First Session

Status of Key Immigration Legislation

(Updated 11/16/99)

PRO IMMIGRATION REFORM LEGISLATION
HOUSE
SENATE
Mass Immigration Reduction Act

H.R. 41 -- Rep. Bob Stump (R-AZ)

53 cosponsors

Temporarily limits most categories of immigration and restores immigration to lower historical levels.

Status: referred to House Immigration Subcommittee; Floor Consideration possible in September

FAIR comment: H.R. 41 calls for an immigration "timeout" to provide relief from the effects of today's mass immigration.

Read our Legislative Summary

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Mass Immigration Reduction Act

No Senate version of this bill

Citizenship Reform Act
H.R. 73 -- Rep. Brian Bilbray (R-CA)

34 cosponsors Reserves automatic birthright citizenship privilege for children of U.S. citizens and legal permanent residents.

Status: referred to House Immigration Subcommittee

FAIR comment: H.R. 73 would reduce illegal immigration by reserving automatic citizenship for the children of U.S. citizens and legal permanent residents.

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Citizenship Reform Act
No Senate version of this bill
Immigration Reorganization and Reform Act
H.R. 2528 - Rep. Rogers (R-KY)
89 cosponsors

Separates INS into two bureaus, one for enforcement of immigration laws and one for service to legal immigrants.

Status: House Immigration Subcommittee hearing 7/29; House immigration subcommittee approved amended version 11/4

FAIR comment: H.R. 2528 is a good first step toward improved enforcement of immigration laws. H.R. 2528 and S. 1563 are not companion bills.

Read our press release about this bill

Read a hearing summary about this bill

INS Reform and Border Security Act
S. 1563 - Sen. Abraham (R-MI)
5 cosponsors

Establishes Immigration Affairs Agency within DOJ and separates enforcement and service functions into different bureaus.

Status: referred to Senate Judiciary Committee

FAIR comment: H.R. 2528 and S. 1563 are not companion bills.

Defense Department Authorization:
H.R. 1401 -- Rep. Spence (R-SC)
conference report

Immigration Provisions:

Section 1027: Requires the Secretary of Defense to prepare a plan for the Armed Forces to assist the INS, should the President determine and the Attorney General certify, that military personnel are required to respond to a threat to national security posed by entry into the U.S. of terrorists or drug traffickers. The plan must be submitted to Congress by May 1, 2000.

Status: Conference report filed 8/6; Conference Report passed; Signed into law 10/5.

FAIR comment: Allowing military personnel to assist in border security, with the careful scrutiny of the President, Attorney General, and top military officials, will strengthen border enforcement and improve national security.

House passed conference report 375-45 on September 15, Signed into law October 5

Defense Department Authorization:
S. 1059 -- Sen. Warner (R-VA)
conference report

Immigration Provisions:

Section 1027: Requires the Secretary of Defense to prepare a plan for the Armed Forces to assist the INS, should the President determine and the Attorney General certify, that military personnel are required to respond to a threat to national security posed by entry into the U.S. of terrorists or drug traffickers. The plan must be submitted to Congress by May 1, 2000.

Status: conference report filed 8/6; Conference Report passed; Signed into law 10/5.

FAIR comment: Allowing military personnel to assist in border security, with the careful scrutiny of the President, Attorney General, and top military officials, will strengthen border enforcement and improve national security.

Child Status Protection Act:
H.R. 1520 -- Rep. Lamar Smith (R-TX)
11 cosponsors

Immigration Provisions:

Prioritizes the allotment of family-sponsored visas to unmarried children of U.S. citizens who reach age 21 after the date on which a petition to classify the alien is filed.

Status: House Judiciary Subcommittee approved by voice vote in markup 10/5

Child Status Protection Act:
No Senate version of this bill.
Asylum in Guam Prohibition Act:
H.R. 945 -- Del. Robert Underwood (D-Guam)
0 cosponsors

Immigration Provisions:

This bill prohibits aliens from applying for asylum in Guam, and provides for the detention of such aliens pending transport to other ports of entry for asylum review.

Status: House Immigration Subcommittee hearing 5/18; awaiting mark-up

Asylum in Guam Prohibition Act:
No Senate version of this bill.
Illegal Alien Forfeiture Act
H.R. 3076 - Rep. Nathan Deal (R-GA)
10 cosponsors

1) Allows the U.S. government to assess civil penalties on and seize the property of alien smugglers and those who illegally enter the United States.

Status: Referred to the House Immigration Subcommittee.

FAIR comment: Increases the financial disincentives for alien smugglers. Toughens laws to deter and punish alien smugglers and those who seek to enter the country illegally.

Illegal Alien Forfeiture Act
No Senate Version of this Bill
ANTI IMMIGRATION REFORM LEGISLATION
HOUSE
SENATE
New Workers for Economic Growth Act
H.R. 2698 -- Rep. Dreier (R-CA)
6 cosponsors

Raises cap on H-1B visas to 200,000 until FY 2002; exempts from overall cap individuals with advanced degrees earning at least $60,000; also exempts from overall cap individuals with advanced degrees working at institutions of higher education.

Status: referred to House Ways and Means and Judiciary Committees

FAIR comment: FAIR opposes increasing the number of foreign workers allowed into the U.S. More foreign workers will depress wages for Americans and perpetuate a dependency on foreign labor.

Read a hearing summary about this bill

Read our legislative summary of this and other similar bills

Go to our H-1B Issue Page

New Workers for Economic Growth Act
S. 1440 -- Sen. Gramm (R-TX)
5 cosponsors

Raises cap on H-1B visas to 200,000 until FY 2002; exempts from overall cap individuals with advanced degrees earning at least $60,000; also exempts from overall cap individuals with advanced degrees working at institutions of higher education.

Status: referred to Senate Finance Committee

FAIR comment: FAIR opposes increasing the number of foreign workers allowed into the U.S. More foreign workers will depress wages for Americans and perpetuate a dependency on foreign labor.

Read a hearing summary about this bill

Read our legislative summary of this and other similar bills

Go to our H-1B Issue Page

State Department Authorization
H.R. 2415 -- Rep. Smith (R-NJ)

Immigration provisions:

1) Does not contain provisions to repeal Section 110.

2) Section 211: Establishes task force to determine eligibility guidelines for women seeking refugee status due to gender-related persecution. Requires Secretary of State to report task force guidelines to Congress within a year of enactment.

Status: House passed 7/21; awaiting conference.

FAIR comment: H.R. 2415 does not repeal Section 110 of IIRAIRA, as S. 886 does.

State Department Authorization
S. 886 -- Sen. Helms (R-NC)

Immigration provisions:

Sections 751-753: exempts land borders and seaports from Section 110 of IIRAIRA. Also exempts travelers entering at airports who are from visa waiver countries. Requires the Attorney General to report to Congress within a year of enactment on the feasibility of developing the entry-exit system at land borders and seaports.

Status: Senate passed 8/3; awaiting conference.

FAIR comment: Sections 751-753 of S. 886 would eviscerate the entry-exit system established by Section 110 of IIRAIRA, and should be removed.

Read our issue brief about Section 110

Send a message to Congress about Section 110

Read our testimony before Congress about Section 110

Central American and Haitian Adjustment Act
H.R. 2722 -- Rep. Smith (R-NJ)
91 cosponsors

Amends NACARA to include Salvadorans, Guatemalans, Hondurans, and Haitians.

Status: referred to House Judiciary Committee

FAIR comment: H.R. 2722 is another amnesty that will reward lawbreakers and encourage even more illegal immigration.

read our position paper about this bill

Send a message to Congress about this bill

Central American and Haitian Adjustment Act
S. 1592 -- Sen. Richard Durbin (D-IL)
10 cosponsors

Amends NACARA to include Salvadorans, Guatemalans, Hondurans, and Haitians.

Status: referred to Senate Judiciary Committee.

FAIR comment: S. 1592 is another amnesty that would reward lawbreakers and encourage even more illegal immigration.

Bringing Resources from Academia to the Industry of our Nation Act
H.R. 2687 -- Rep. Lofgren (D-CA)
17 cosponsors

Creates new "T" visa for students completing post-secondary degrees in math, science, engineering, or computer science who intend to work in U.S. in one of those fields.

Status: referred to House Judiciary Committee

FAIR comment: H.R. 2687 would allow virtually a limitless number of foreign students to enter the U.S. and take jobs from American scholars.

Read our legislative summary of this and other similar bills

Go to our H-1B Issue Page

Read a hearing summary about this bill

Bringing Resources from Academia to the Industry of our Nation Act
No Senate version of this bill

Border Improvement Immigration Act:
H.R. 1650 -- Rep. Fred Upton (R-MI)
115 cosponsors

Immigration Provisions:

This bill exempts land border crossings and seaports from the automated entry-exit control system required under Section 110 of IIRAIRA.

Status: Referred to Subcommittee on Immigration and Claims

FAIR comment: H.R. 1650 eviscerates important provisions of Section 110 of IIRAIRA, which is designed to improve interior enforcement of our immigration laws.

read our section 110 issue brief

Send a message to Congress about this bill

Border Improvement Immigration Act:
S. 745 -- Senator Spencer Abraham (R-MI)
27 cosponsors

Immigration Provisions:

This bill exempts land border crossings and seaports from the automated entry-exit control system required under Section 110 of IIRAIRA.

Status: adopted as an amendment to S. 886, the State Department Authorization Act, by voice vote on 6/22

FAIR comment: S. 745 eviscerates important provisions of Section 110 of IIRAIRA, which is designed to improve interior enforcement of our immigration laws

read our section 110 issue brief

Send a message to Congress about this bill

International Trafficking of Women and Children Victim Protection Act
H.R. 1238 -- Rep. Slaughter (D-NY)
37 cosponsors

Immigration Provisions: Creates new nonimmigrant classification for victims of trafficking, which is vaguely defined and subject to abuse.

Status: referred to House International Relations and Judiciary Committees

FAIR comment: H.R. 1238 sets the dangerous precedent that wronged individuals from other countries should receive special considerations from American immigration laws.

International Trafficking of Women and Children Victim Protection Act
S. 600 -- Sen. Wellstone (D-MN)
7 cosponsors

Immigration Provisions: Creates new nonimmigrant classification for victims of trafficking, which is vaguely defined and subject to abuse.

Status: referred to Senate Foreign Relations Committee

FAIR comment: S. 600 sets the dangerous precedent that wronged individuals from other countries should receive special considerations from American immigration laws.

Freedom from Sexual Trafficking Act
H.R. 1356 -- Rep. Smith (R-NJ)
40 cosponsors

Immigration Provisions:

Establishes a new nonimmigrant visa category for aliens who have been victims of sexual trafficking. Allows status adjustment if alien would face hardship or retribution if removed from the United States.

Status: referred to House Banking and Financial Services, International Relations, and Judiciary Committees; IR subcommittee on International Operations and Human Rights passed by voice vote 8/4

Freedom from Sexual Trafficking Act
No Senate version of this bill
Nursing Relief for Disadvantaged Areas Act:
H.R. 441 -- Rep. Bobby Rush (D-IL)

Immigration Provisions:

Creates a temporary visa program (H-1C) for foreign nurses which will allow up to 500 foreign nurses a year, for the next four years, to enter the U.S. and work in hospitals that suffer from labor shortages and serve large numbers of poor patients.

Status: House passed 5/24; 11/2 House passed Senate amendments to HR 441, sent to President

read our testimony about Visa overstays

Nursing Relief for Disadvantaged Areas Act:
H.R. 441

Immigration Provisions:

Creates a temporary visa program (H-1C) for foreign nurses which will allow up to 500 foreign nurses a year, for the next four years, to enter the U.S. and work in hospitals that suffer from labor shortages and serve large numbers of poor patients.

Status: Senate Judiciary Committee passed by voice vote on 6/24; pending floor consideration; Senate approved by unanimous consent 10/22

read our testimony about Visa overstays

Agricultural Job Opportunity Benefits and Security Act
No House Version of this bill

Agricultural Job Opportunity Benefits and Security Act
(illegal alien amnesty and guestworker bill)

S. 1814 - Sen. Gordon Smith (R-OR)
12 cosponsors

1) Allows illegal aliens currently in the country who worked in agriculture for at least 150 days between October 27, 1998 and October 27, 1999 to adjust to temporary legal status. There are about 600,000 such illegal workers in the country.

2) Allows these illegal aliens to seek permanent legal residence if they perform agriculture work for 180 days per year for five years.

3) Removes the modest protections in current law against displacement of U.S. workers, making it easier to import and hire foreign workers. The bill also changes the current H-2A program to eliminate other wage, labor, and housing safeguards for foreign farmworkers.

Status: referred to Senate Judiciary Committee

FAIR comment: S. 1814 will increase illegal immigration and depress wages and working conditions for America's farmworkers. The bill rewards illegal aliens by letting them remain in the country and seek permanent residence.

Farmworker Adjustment Act
No House Version of this bill

Farmworker Adjustment Act
(illegal alien amnesty)

S. 1815 - Sen. Bob Graham (D-FL)
1 cosponsor

1) Allows illegal aliens currently in the country who worked in agriculture for at least 150 days between October 27, 1998 and October 27, 1999 to adjust to temporary legal status. There are about 600,000 such illegal workers in the country.

Status: referred to Senate Judiciary Committee

FAIR comment: S. 1815 will reward illegal aliens by letting them remain in the country to work legally. This will encourage more illegal immigration.

Helping Improve Technology Education and Competitiveness Act
No House Version of this bill

Helping Improve Technology Education and Competitiveness Act
S. 1645 - Sen. Charles Robb (D-VA)
5 cosponsors

1) Creates new visa for students completing post-secondary degrees in math, science, engineering, or computer science who intend to work in the U.S. in one of those fields.

Status: referred to Senate Judiciary Committee

FAIR comment: Would allow an unlimited number of foreign students to enter the U.S. and take jobs from American scholars.

Family Reunification Act
H.R. 1485 - Rep. Barney Frank (D-MA)
74 cosponsors

1) Grants relief from deportation and exclusion to criminal aliens who have been convicted of narcotics trafficking, terrorism, attempted murder, attempted rape, or assault with a deadly weapon.

Status: Referred to the House Immigration Subcommittee

FAIR comment: Allows criminal aliens who have been convicted of serious crimes to enter or remain in the United States despite current laws requiring their exclusion or deportation. H.R. 1485 is one of the bills included in NIF's "Fix 96" campaign, an effort to rollback many of the important immigration reforms Congress made in 1996.

Family Reunification Act
No Senate Version of this bill
Secret Evidence Repeal Act
H.R. 2121 - Reps. David Bonior (D-MI) and Tom Campbell (R-CA)
54 cosponsors

1) Prohibits the expedited removal of any alien based on confidential information.

Status: Referred to the House Immigration Subcommittee

FAIR comment: Eliminates the government's ability to detain or remove aliens based on sensitive information. Could allow terrorists or terrorist organizations to obtain confidential information, thereby jeopardizing government investigations and law enforcement officials. H.R. 2121 is one of the bills included in NIF's "Fix 96" campaign, an effort to rollback many of the important immigration reforms Congress made in 1996.

Secret Evidence Repeal Act
No Senate Version of this Bill
A bill to restore Section 245(i) of the Immigration and Nationality Act
H.R. 1841 - Rep. Gutierrez (D-IL)
41 cosponsors

1) Restores the Section 245(i) program which allows an illegal alien to pay a $1,000 fine to adjust his or her status, enabling the alien to remain in the country and avoid reentry bars.

Status: Referred to the House Immigration Subcommittee.

FAIR comment: Provides an easy method for illegal aliens and potential foreign terrorists to remain in the country despite laws requiring their removal and bars to reentry. H.R. 1841 is one of the bills included in NIF's "Fix 96" campaign, an effort to rollback many of the important immigration reforms Congress made in 1996.

A bill to restore Section 245(i) of the Immigration and Nationality Act
No Senate Version of this Bill
21st Century Technology Resources and Commercial Leadership Act
No House Version of this Bill
21st Century Technology Resources and Commercial Leadership Act
S. 1804 - Sen. John McCain (R-AZ)
No cosponsors

1) Allows the INS to issue an unlimited number of H-1B foreign worker visas between 2000 and 2006.

Status: Referred to the Senate Commerce, Science, and Transportation Committee

FAIR comment: Opens the nation's high-tech job market to worldwide competition and eliminates limit on the number of foreign workers who can take America's best paying jobs.

APPROPRIATIONS LEGISLATION
HOUSE
SENATE
Agriculture Appropriations:
H.R. 1906 -- Rep. Skeen (R-NM)

Immigration Provisions:

The House-passed bill does not contain guestworker provisions.

Status: passed House 6/8; Conference Report passed 10/1; Sent to President; Signed into law 10/22

Agriculture Appropriations:  
S. 1233 -- Sen. Cochran (R-MS)

Immigration Provisions:

1) Title VII, Section 746: reduces the number of days for the Labor Department to process employment applications for immigrant farmworkers from 40 to 15 days. Also reduces the number of days for a farmer to apply for a Labor Certification for a foreign farmworker from 60 to 45 days before the date of hire.

Status: passed Senate 8/4; Conference Report passed 10/13; Sent to President; Signed into law 10/22

Transportation Appropriations:
H.R. 2084 -- Rep. Wolf (R-VA) Immigration provisions:

Section 332: prohibits funding in FY 2000 to issue a final rule on Section 656(b) of IIRAIRA, which requires states to enhance the security features of their driver's licenses.

Status: House passed 6/23; House passed Conference Report passed 10/1; Signed into law 10/9

FAIR comment: Section 332 of H.R. 2084 repeals Section 656 of IIRAIRA which required states to enhance the security features of their driver's licenses.

Transportation Appropriations:
S. 1143 -- Sen. Shelby (R-AL) Immigration provisions:

Title I: prohibits funding in FY 2000 to implement Section 656(b) of IIRAIRA, which requires states to enhance the security features of their driver's licenses.

Status: Senate passed conference report 10/4; Signed into law 10/9

FAIR comment: Section 332 of H.R. 2084 repeals Section 656 of IIRAIRA which required states to enhance the security features of their driver's licenses.

Commerce, Justice, State Approps:
H.R. 2670 -- Rep. Rogers (R-KY)

Immigration Provisions:

1) Section 802: Prohibits bill funds from being used to provide visas to citizens of countries who refuse to accept the return of their criminal nationals.

Read our statement on this provision.

2) Does not repeal Section 110 of IIRAIRA

Send a message to Congress about Section 110

3) Provides funds for 1,000 additional Border Patrol agents.

4) The conference report maintains Section 110 of IIRAIRA and prohibits bill funds from being used to provide visas to citizens of countries who refuse to accept the return of their criminal nationals.

Status: House passed 8/5; House and Senate passed conference report 10/20; President vetoed 10/25.

FAIR comment: H.R. 2670 contains important provisions to improve immigration enforcement. Provisions affecting Section 110 contained in S. 1217, the Senate version of the bill, should NOT be retained in the conference report.

Commerce, Justice, State Approps:
S. 1217 -- Senator Gregg (R-NH)

Immigration Provisions:

1) Section 102: repeals Section 110 of IIRAIRA completely.

Send a message to Congress about Section 110

2) increases pay of Border Patrol agents from GS-9 to GS-11 grade.

3) Directs the INS to develop a plan to link all INS data bases with DOJ and other federal law enforcement agencies.

4) Extends TPS to certain Liberian nationals.

5) Prioritizes the removal of criminal aliens who have committed serious violent felonies or who have repeatedly been arrested for drug violations.

6) The conference report maintains Section 110 of IIRAIRA and prohibits bill funds from being used to provide visas to citizens of countries who refuse to accept the return of their criminal nationals.

Status: Senate passed 7/22; House and Senate passed conference report 10/20; President vetoed 10/25.

FAIR comment: S. 1217 repeals Section 110, an important immigration reform from 1996. Section 102 of S. 1217 should be removed. Conditions have been restored in Liberia that should permit the end of Temporary Protected Status.