U.S. Citizenship Act

I 118TH CONGRESS 1ST SESSION H. R. 3194 To provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 10, 2023 Ms. SA´NCHEZ (for herself, Ms. LOFGREN, Ms. CHU, Ms. VELA´ZQUEZ, Ms. CLARKE of New York, Ms. BARRAGA´N, Ms. WASSERMAN SCHULTZ, Ms. BONAMICI, Ms. NORTON, Mr. POCAN, Ms. DELBENE, Ms. SCANLON, Mr. AUCHINCLOSS, Mr. PANETTA, Ms. WILLIAMS of Georgia, Ms. ROSS, Ms. GARCIA of Texas, Mr. SHERMAN, Mrs. DINGELL, Mr. CORREA, Mrs. WATSON COLEMAN, Mrs. NAPOLITANO, Mr. CARBAJAL, Mr. RUPPERS- BERGER, Mr. BLUMENAUER, Mr. GOMEZ, Ms. JACOBS, Ms. PORTER, Ms. MOORE of Wisconsin, Ms. MENG, Mr. JOHNSON of Georgia, Ms. LEE of California, Mr. MCGOVERN, Mr. COSTA, Mr. CASTEN, Mr. CLEAVER, Mr. PALLONE, Mr. LARSON of Connecticut, Mr. EVANS, Mr. CARSON, Mr. VEASEY, Mr. LIEU, Mr. CASTRO of Texas, Mr. SOTO, Mrs. TRAHAN, Mr. RUIZ, Ms. ESCOBAR, Mr. GRIJALVA, Mr. PAYNE, Ms. PLASKETT, Mr. HUFFMAN, Mr. THOMPSON of California, Mr. NADLER, Ms. DEAN of Pennsylvania, Mr. SWALWELL, Ms. MATSUI, Mr. KILMER, Mr. QUIGLEY, Ms. SEWELL, Mr. BOYLE of Pennsylvania, Ms. MCCOLLUM, Ms. CASTOR of Florida, Mr. TRONE, Mr. TONKO, Mr. TORRES of New York, Ms. DEGETTE, Mr. SABLAN, Mr. THANEDAR, Mr. GARAMENDI, Mr. CARTER of Louisiana, Ms. WILSON of Florida, Ms. TLAIB, Ms. BROWNLEY, Ms. SALINAS, Ms. ADAMS, Mr. SMITH of Washington, Mr. TAKANO, Ms. UNDERWOOD, Mr. LARSEN of Washington, Mr. BEYER, Mr. GALLEGO, Ms. LOIS FRANKEL of Florida, Mr. RASKIN, Mr. MORELLE, Mrs. CHERFILUS-MCCORMICK, Ms. BLUNT ROCHESTER, Ms. TOKUDA, Ms. LEGER FERNANDEZ, Mr. DAVIS of Illinois, Mr. AGUILAR, Ms. CLARK of Massachusetts, Mr. MOULTON, Ms. JAYAPAL, Mrs. HAYES, Ms. STRICK- LAND, Ms. STANSBURY, Mr. HIGGINS of New York, Mr. SCHIFF, Mr. VARGAS, Mr. CONNOLLY, and Mr. CA´RDENAS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addi- tion to the Committees on Ways and Means, Armed Services, Education and the Workforce, House Administration, Financial Services, Natural Resources, Oversight and Accountability, Foreign Affairs, Homeland Se- curity, Intelligence (Permanent Select), and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for VerDate Sep 11 2014 02:30 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3194.IH H3194 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3194 IH consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa sys- tem, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘U.S. Citizenship Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Terminology with respect to noncitizens. TITLE I—EARNED PATH TO CITIZENSHIP AND OTHER REFORMS Subtitle A—Earned Path to Citizenship Sec. 1101. Lawful prospective immigrant status. Sec. 1102. Adjustment of status of lawful prospective immigrants. Sec. 1103. The Dream Act. Sec. 1104. The American Promise Act. Sec. 1105. The Agricultural Workers Adjustment Act. Sec. 1106. General provisions relating to adjustment of status. Subtitle B—Other Reforms Sec. 1201. V nonimmigrant visas. Sec. 1202. Expungement and sentencing. Sec. 1203. Petty offenses. Sec. 1204. Restoring fairness to adjudications. Sec. 1205. Judicial review. Sec. 1206. Modifications to naturalization provisions. VerDate Sep 11 2014 02:30 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H3194.IH H3194 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3194 IH Sec. 1207. Relief for long-term legal residents of the Commonwealth of the Northern Mariana Islands. Sec. 1208. Government contracting and acquisition of real property interest. Sec. 1209. Conforming amendments to the Social Security Act. TITLE II—ADDRESSING THE ROOT CAUSES OF MIGRATION AND RESPONSIBLY MANAGING THE SOUTHERN BORDER Sec. 2001. Definitions. Subtitle A—Promoting the Rule of Law, Security, and Economic Development in Central America Sec. 2101. United States Strategy for Engagement in Central America. Sec. 2102. Securing support of international donors and partners. Sec. 2103. Combating corruption, strengthening the rule of law, and consoli- dating democratic governance. Sec. 2104. Combating criminal violence and improving citizen security. Sec. 2105. Combating sexual, gender-based, and domestic violence. Sec. 2106. Tackling extreme poverty and advancing economic development. Sec. 2107. Authorization of appropriations for United States Strategy for En- gagement in Central America. Subtitle B—Addressing Migration Needs by Strengthening Regional Humani- tarian Responses for Refugees and Asylum Seekers in the Western Hemi- sphere and Strengthening Repatriation Initiatives Sec. 2201. Expanding refugee and asylum processing in the Western Hemi- sphere. Sec. 2202. Further strengthening regional humanitarian responses in the West- ern Hemisphere. Sec. 2203. Information campaign on dangers of irregular migration. Sec. 2204. Identification, screening, and processing of refugees and other indi- viduals eligible for lawful admission to the United States. Sec. 2205. Registration and intake. Sec. 2206. Central American Refugee Program. Sec. 2207. Central American Minors Program. Sec. 2208. Central American Family Reunification Parole Program. Sec. 2209. Informational campaign; case status hotline. Subtitle C—Managing the Border and Protecting Border Communities Sec. 2301. Expediting legitimate trade and travel at ports of entry. Sec. 2302. Deploying smart technology at the southern border. Sec. 2303. Independent oversight on privacy rights. Sec. 2304. Training and continuing education. Sec. 2305. GAO study of waiver of environmental and other laws. Sec. 2306. Establishment of Border Community Stakeholder Advisory Com- mittee. Sec. 2307. Rescue beacons. Sec. 2308. Use of force. Sec. 2309. Office of Professional Responsibility. Subtitle D—Improving Border Infrastructure for Families and Children; Cracking Down on Criminal Organizations VerDate Sep 11 2014 02:30 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H3194.IH H3194 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3194 IH Sec. 2401. Humanitarian and medical standards for individuals in U.S. Cus- toms and Border Protection custody. Sec. 2402. Child welfare at the border. Sec. 2403. Office of Inspector General oversight. Sec. 2404. Enhanced investigation and prosecution of human smuggling net- works and trafficking organizations. Sec. 2405. Enhanced penalties for organized smuggling schemes. Sec. 2406. Expanding financial sanctions on narcotics trafficking and money laundering. Sec. 2407. Support for transnational anti-gang task forces for countering crimi- nal gangs. Sec. 2408. Hindering immigration, border, and customs controls. TITLE III—REFORM OF THE IMMIGRANT VISA SYSTEM Subtitle A—Promoting Family Reunification Sec. 3101. Recapture of immigrant visas lost to bureaucratic delay. Sec. 3102. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives. Sec. 3103. Adjustment of family-sponsored per-country limits. Sec. 3104. Promoting family unity. Sec. 3105. Relief for orphans, widows, and widowers. Sec. 3106. Exemption from immigrant visa limit for certain veterans who are natives of the Philippines. Sec. 3107. Fiance´e or fiance´ child status protection. Sec. 3108. Retention of priority dates. Sec. 3109. Inclusion of permanent partners. Sec. 3110. Definition of child. Sec. 3111. Termination of conditional permanent resident status for certain noncitizen permanent partners and sons and daughters upon finding qualifying permanent partnership improper. Sec. 3112. Nationality at birth. Subtitle B—National Origin-Based Antidiscrimination for Nonimmigrants Sec. 3201. Expansion of nondiscrimination provision. Sec. 3202. Transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens. Subtitle C—Diversity Immigrants Sec. 3301. Increasing diversity visas. Subtitle D—Reforming Employment-Based Immigration Sec. 3401. Doctoral STEM graduates from accredited United States univer- sities. Sec. 3402. Addressing visa backlogs. Sec. 3403. Eliminating employment-based per country levels. Sec. 3404. Increased immigrant visas for other workers. Sec. 3405. Flexible adjustments to employment-based immigrant visa program. Sec. 3406. Regional Economic Development Immigrant Visa Pilot Program. Sec. 3407. Wage-based consideration of temporary workers. Sec. 3408. Clarifying dual intent for postsecondary students. Sec. 3409. H–4 visa reform. Sec. 3410. Extensions related to pending petitions. VerDate Sep 11 2014 02:30 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H3194.IH H3194 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3194 IH Subtitle E—Promoting Immigrant and Refugee Integration Sec. 3501. Definition of Foundation. Sec. 3502. United States Citizenship and Integration Foundation. Sec. 3503. Pilot program to promote immigrant integration at State and local levels. Sec. 3504. English as a Gateway to Integration grant program. Sec. 3505. Workforce Development and Shared Prosperity grant program. Sec. 3506. Existing citizenship education grants. Sec. 3507. Grant program to assist eligible applicants. Sec. 3508. Study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries. Sec. 3509. In-State tuition rates for refugees, asylees, and certain special immi- grants. Sec. 3510. Waiver of English requirement for senior new Americans. Sec. 3511. Naturalization for certain United States high school graduates. Sec. 3512. Naturalization ceremonies. Sec. 3513. National citizenship promotion program. Sec. 3514. Authorization of appropriations for Foundation and pilot program. TITLE IV—IMMIGRATION COURTS, FAMILY VALUES, AND VULNERABLE INDIVIDUALS Subtitle A—Promoting Efficient Processing of Asylum Seekers, Addressing Immigration Court Backlogs, and Efficiently Repatriating Migrants Ordered Removed Sec. 4101. Expanding alternatives to detention. Sec. 4102. Eliminating immigration court backlogs. Sec. 4103. Improved training for immigration judges and members of the Board of Immigration Appeals. Sec. 4104. New technology to improve court efficiency. Sec. 4105. Court appearance compliance and legal orientation. Sec. 4106. Improving court efficiency and reducing costs by increasing access to legal information. Sec. 4107. Facilitating safe and efficient repatriation. Subtitle B—Protecting Family Values and Monitoring and Caring for Unaccompanied Noncitizen Children After Arrival Sec. 4201. Definition of local educational agency. Sec. 4202. Responsibility of sponsor for immigration court compliance and child well-being. Sec. 4203. Funding to school districts for unaccompanied noncitizen children. Sec. 4204. School enrollment. Subtitle C—Admission and Protection of Refugees, Asylum Seekers, and Other Vulnerable Individuals Sec. 4301. Elimination of time limits on asylum applications. Sec. 4302. Increasing annual numerical limitation on U visas. Sec. 4303. Employment authorization for asylum seekers and other individuals. Sec. 4304. Enhanced protection for individuals seeking T visas, U visas, and protection under VAWA. Sec. 4305. Alternatives to detention. Sec. 4306. Notification of proceedings. VerDate Sep 11 2014 02:30 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H3194.IH H3194 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3194 IH Sec. 4307. Conversion of certain petitions. Sec. 4308. Improvements to application process for Afghan special immigrant visas. Sec. 4309. Special immigrant status for certain surviving spouses and children. Sec. 4310. Special immigrant status for certain Syrians who worked for the United States Government in Syria. Sec. 4311. Authorization of appropriations. TITLE V—EMPLOYMENT AUTHORIZATION AND PROTECTING WORKERS FROM EXPLOITATION Sec. 5101. Commission on Employment Authorization. Sec. 5102. Power Act. Sec. 5103. Additional civil penalty. Sec. 5104. Continued application of workforce and labor protection remedies. Sec. 5105. Prohibition on discrimination based on national origin or citizenship status. Sec. 5106. Fairness for farmworkers. Sec. 5107. Protections for migrant and seasonal laborers. Sec. 5108. Directive to the United States Sentencing Commission. Sec. 5109. Labor Law Enforcement Fund. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) IN GENERAL.—Any term used in this Act 3 that is used in the immigration laws shall have the 4 meaning given such term in the immigration laws. 5 (2) IMMIGRATION LAWS.—The term ‘‘immigra- 6 tion laws’’ has the meaning given the term in section 7 101(a) of the Immigration and Nationality Act (8 8 U.S.C. 1101(a)). 9 (3) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of Homeland Security. 11 SEC. 3. TERMINOLOGY WITH RESPECT TO NONCITIZENS. 12 (a) IMMIGRATION AND NATIONALITY ACT.— 13 (1) IN GENERAL.—The Immigration and Na- 14 tionality Act (8 U.S.C. 1101 et seq.) is amended— 15 (A) in section 101(a) (8 U.S.C. 1101(a))— 16 VerDate Sep 11 2014 02:30 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3194.IH H3194 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3194 IH (i) by striking paragraph (3) and in- 1 serting the following: 2 ‘‘(3) NONCITIZEN.—The term ‘noncitizen’ means any 3 person not a citizen or national of the United States.’’; 4 and 5 (ii) by adding at the end the fol- 6 lowing: 7 ‘‘(53) NONCITIZENSHIP.—The term ‘noncitizenship’ 8 means the condition of being a noncitizen.’’; 9 (B) by striking ‘‘an alien’’ each place it ap- 10 pears and inserting ‘‘a noncitizen’’; 11 (C) by striking ‘‘An alien’’ each place it 12 appears and inserting ‘‘A noncitizen’’; 13 (D) by striking ‘‘alien’’ each place it ap- 14 pears and inserting ‘‘noncitizen’’; 15 (E) by striking ‘‘aliens’’ each place it ap- 16 pears and inserting ‘‘noncitizens’’; 17 (F) by striking ‘‘alien’s’’ each place it ap- 18 pears and inserting ‘‘noncitizen’s’’; and 19 (G) by striking ‘‘alienage’’ each place it 20 appears and inserting ‘‘noncitizenship’’. 21 (2) HEADINGS.—The Immigration and Nation- 22 ality Act (8 U.S.C. 1101 et seq.) is amended— 23 (A) [Text truncated for display. 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