DIGNIDAD (Dignity) Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3599 To reform the immigration laws. IN THE HOUSE OF REPRESENTATIVES MAY 23, 2023 Ms. SALAZAR (for herself, Ms. ESCOBAR, Mrs. GONZA´LEZ-COLO´N, Ms. SCHOLTEN, Mrs. CHAVEZ-DEREMER, Ms. MANNING, Mr. LAWLER, and Mr. ESPAILLAT) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Home- land Security, Ways and Means, Agriculture, Transportation and Infra- structure, the Budget, Education and the Workforce, Foreign Affairs, Oversight and Accountability, Intelligence (Permanent Select), Financial Services, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reform the immigration laws. 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 ‘‘Dignity for Immigrants while Guarding our Nation to Ig- 5 nite and Deliver the American Dream Act of 2023’’ or 6 as the ‘‘DIGNIDAD (Dignity) Act of 2023’’. 7 VerDate Sep 11 2014 07:12 Jul 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3599.IH H3599 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3599 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. DIVISION A—BORDER SECURITY FOR AMERICA ACT Sec. 1100. Short title. TITLE I—BORDER SECURITY Sec. 1101. Definitions. Subtitle A—Infrastructure and Equipment Sec. 1111. Strengthening the requirements for barriers along the southern bor- der. Sec. 1112. Air and Marine Operations flight hours. Sec. 1113. Border security technology program management. Sec. 1114. Landowner and rancher security enhancement. Sec. 1115. Eradication of carrizo cane and salt cedar. Sec. 1116. Southern border threat analysis, Border Patrol strategic plan, and Northern Border Threat Analysis. Sec. 1117. Amendments to U.S. Customs and Border Protection. Sec. 1118. Agent and officer technology use. Sec. 1119. Tunnel Task Forces. Sec. 1120. Pilot program on use of electromagnetic spectrum in support of bor- der security operations. Sec. 1121. Foreign migration assistance. Sec. 1122. Biometric Identification Transnational Migration Alert Program. Sec. 1123. Border and port security technology investment plan. Sec. 1124. Commercial solutions opening acquisition program. Sec. 1125. U.S. Customs and Border Protection technology upgrades. Sec. 1126. Nonintrusive inspection operations. Sec. 1127. Homeland Security Investigations Innovation Lab. Sec. 1128. Report on standards and guidelines for managing ports of entry under the control of the department of homeland security. Subtitle B—Personnel Sec. 1141. Additional U.S. Customs and Border Protection personnel. Sec. 1142. U.S. Customs and Border Protection retention incentives. Sec. 1143. Anti-Border Corruption Act Reauthorization. Sec. 1144. Training for officers and agents of U.S. Customs and Border Pro- tection. Sec. 1145. Establishment of workload staffing models for U.S. Border Patrol and Air and Marine Operations of CBP. Sec. 1146. U.S. border patrol processing coordinator positions. Sec. 1147. Establishment of higher minimum rates of pay for United States border patrol agents. Sec. 1148. Body Worn Camera Pilot Program Authorization. Sec. 1149. Protecting sensitive locations. Subtitle C—Grants Sec. 1161. Operation Stonegarden. VerDate Sep 11 2014 07:12 Jul 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H3599.IH H3599 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3599 IH Sec. 1162. Program for shelter and services. Subtitle D—Border Security Certification Sec. 1181. Border Security Certification. TITLE II—BORDER SECURITY AND PORTS OF ENTRY INFRASTRUCTURE FUNDING Subtitle A—Emergency Port of Entry Personnel and Infrastructure Funding Sec. 1201. Ports of entry infrastructure. Sec. 1202. Sense of Congress on cooperation between agencies. Sec. 1203. Authorization of appropriations. Subtitle B—Border Security Funding Sec. 1211. Border Security Funding. Sec. 1212. Exclusion from PAYGO scorecards. Sec. 1213. Funding matters. TITLE III—VISA SECURITY AND INTEGRITY Sec. 1301. Visa security. Sec. 1302. Electronic passport screening and biometric matching. Sec. 1303. Reporting of visa overstays. Sec. 1304. Student and exchange visitor information system verification. Sec. 1305. Visa information sharing. Sec. 1306. Fraud prevention. Sec. 1307. Visa ineligibility for spouses and children of drug traffickers. Sec. 1308. DNA testing. Sec. 1309. DNA collection consistent with Federal law. TITLE IV—TRANSNATIONAL CRIMINAL ORGANIZATION PREVENTION AND ELIMINATION Sec. 1401. Short title. Sec. 1402. Illicit spotting. Sec. 1403. Unlawfully hindering immigration, border, and customs controls. Sec. 1404. Report on smuggling. Sec. 1405. Sarah’s law. Sec. 1406. Illegal reentry. Sec. 1407. Grounds of inadmissibility and deportability for alien gang members. Sec. 1408. Mandatory minimum penalty for child sex trafficking. Sec. 1409. Designation of certain drug cartels as Special Transnational Crimi- nal Organization. TITLE V—MANDATORY E-VERIFY Sec. 1501. Short title. Sec. 1502. Employment eligibility verification process. Sec. 1503. Employment eligibility verification system. Sec. 1504. Recruitment, referral, and continuation of employment. Sec. 1505. Good faith defense. Sec. 1506. Preemption and States’ Rights. Sec. 1507. Repeal. Sec. 1508. Penalties. Sec. 1509. Fraud and misuse of documents. VerDate Sep 11 2014 07:12 Jul 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H3599.IH H3599 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3599 IH Sec. 1510. Protection of Social Security Administration programs. Sec. 1511. Fraud prevention. Sec. 1512. Use of Employment Eligibility Verification Photo Tool. Sec. 1513. Identity authentication employment eligibility verification pilot pro- grams. Sec. 1514. Inspector General audits. Sec. 1515. Nationwide E-Verify Audit. TITLE VI—ASYLUM REFORM Sec. 1601. Humanitarian campuses. Sec. 1602. Expedited Asylum Determinations. Sec. 1603. Screening and processing in Western hemisphere. Sec. 1604. Recording expedited removal and credible fear interviews. Sec. 1605. Renunciation of asylum status pursuant to return to home country. Sec. 1606. Notice concerning frivolous asylum applications. Sec. 1607. Anti-fraud investigative work product. Sec. 1608. Penalties for asylum fraud. Sec. 1609. Statute of limitations for asylum fraud. Sec. 1610. Standard operating procedures; facilities standards. Sec. 1611. Criminal background checks for sponsors of unaccompanied alien children. Sec. 1612. Fraud in connection with the transfer of custody of unaccompanied alien children. Sec. 1613. Hiring authority. Sec. 1614. Humanitarian status. Sec. 1615. Two strike policy. Sec. 1616. Loan forgiveness for legal service providers at humanitarian cam- puses. TITLE VII—RULE OF LAW, SECURITY, AND ECONOMIC DEVELOPMENT IN CENTRAL AMERICA Subtitle A—Promoting the Rule of Law, Security, and Economic Development in Central America Sec. 1701. United States Strategy for Engagement in Central America. Sec. 1702. Securing support of international donors and partners. Sec. 1703. Combating corruption, strengthening the rule of law, and consoli- dating democratic governance. Sec. 1704. Combating criminal violence and improving citizen security. Sec. 1705. Combating sexual, gender-based, and domestic violence. Subtitle B—Information Campaign on the Dangers of Irregular Migration Sec. 1711. Information campaign on dangers of irregular migration. Subtitle C—Cracking Down on Criminal Organizations Sec. 1721. Enhanced investigation and prosecution of human smuggling net- works and trafficking organizations. Sec. 1722. Enhanced penalties for organized smuggling schemes. Sec. 1723. Expanding financial sanctions on narcotics trafficking and money laundering. Sec. 1724. Support for transnational anti-gang task forces for countering crimi- nal gangs. VerDate Sep 11 2014 07:12 Jul 14, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H3599.IH H3599 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3599 IH DIVISION B—AMERICAN DREAM AND PROMISE Sec. 21000. Short title. TITLE I—DREAM ACT Sec. 21001. Short title. Sec. 21002. Permanent resident status on a conditional basis for certain long- term residents who entered the United States as children. Sec. 21003. Terms of permanent resident status on a conditional basis. Sec. 21004. Removal of conditional basis of permanent resident status. Sec. 21005. Restoration of State option to determine residency for purposes of higher education benefits. TITLE II—AMERICAN PROMISE ACT Sec. 22001. Short title. Sec. 22002. Adjustment of status for certain nationals of certain countries des- ignated for temporary protected status or deferred enforced de- parture. Sec. 22003. Clarification. TITLE III—GENERAL PROVISIONS Sec. 23001. Definitions. Sec. 23002. Submission of biometric and biographic data; background checks. Sec. 23003. Limitation on removal; application and fee exemption; and other conditions on eligible individuals. Sec. 23004. Determination of continuous presence and residence. Sec. 23005. Exemption from numerical limitations. Sec. 23006. Availability of administrative and judicial review. Sec. 23007. Documentation requirements. Sec. 23008. Rulemaking. Sec. 23009. Confidentiality of information. Sec. 23010. Grant program to assist eligible applicants. Sec. 23011. Provisions affecting eligibility for adjustment of status. Sec. 23012. Supplementary surcharge for appointed counsel. Sec. 23013. Annual report on provisional denial authority. TITLE IV—DIGNITY AND REDEMPTION PROGRAMS Subtitle A—Dignity Program Sec. 24001. Establishment. Sec. 24002. Eligibility. Sec. 24003. Registration; departure. Sec. 24004. Program participation. Sec. 24005. Completion. Subtitle B—Redemption Program Sec. 24101. Establishment. Sec. 24102. Conditions. Sec. 24103. Completion and removal of conditional status. Subtitle C—Contribution to American Workers Sec. 24200. Purpose. VerDate Sep 11 2014 07:12 Jul 14, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H3599.IH H3599 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3599 IH Sec. 24201. Availability of funds. Sec. 24202. Conforming amendments. PART 1—PROMOTING APPRENTICESHIPS THROUGH REGIONAL TRAINING NETWORKS Sec. 24301. Definitions. Sec. 24302. Allotments to States. Sec. 24303. Grants to partnerships. Sec. 24304. Use of funds. Sec. 24305. Performance and accountability. PART 2—HIGH-DEMAND CAREERS Sec. 24401. Grants for access to high-demand careers. DIVISION C—IMPROVING SEASONAL GUEST WORKER OPPORTUNITIES Sec. 31001. Short title. Sec. 31002. Definitions. Sec. 31003. H–2B cap relief. Sec. 31004. Increased sanctions for willful misrepresentation or failure to meet the requirements for petitioning for an H–2B worker. Sec. 31005. Reduction of paperwork burden. Sec. 31006. Workplace safety. Sec. 31007. Foreign labor recruiting; prohibition on fees. Sec. 31008. Program integrity measures. Sec. 31009. Program eligibility. Sec. 31010. H–2B employer notification requirement. Sec. 31011. Authorization of appropriations. DIVISION D—AMERICAN AGRICULTURE DOMINANCE ACT Sec. 41001. Short title. TITLE I—SECURING THE DOMESTIC AGRICULTURAL WORKFORCE Subtitle A—Status for Certified Agricultural Workers Sec. 41101. Certified agricultural worker status. Sec. 41102. Terms and conditions of certified status. Sec. 41103. Extensions of certified status. Sec. 41104. Determination of continuous presence. Sec. 41105. Employer obligations. Sec. 41106. Administrative and judicial review. Subtitle B—Optional Earned Residence for Long-Term Workers Sec. 41201. Optional adjustment of status for long-term agricultural workers. Sec. 41202. Payment of taxes. Sec. 41203. Adjudication and decision; review. Subtitle C—General Provisions Sec. 41301. Definitions. Sec. 41302. Rulemaking; fees. Sec. 41303. Background checks. Sec. 41304. Protection for children. VerDate Sep 11 2014 07:12 Jul 14, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H3599.IH H3599 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3599 IH Sec. 41305. Limitation on removal. Sec. 41306. Documentation of agricultural work history. Sec. 41307. Employer protections. Sec. 41308. Correction of Social Security records; conforming amendments. Sec. 41309. Disclosures and privacy. Sec. 41310. Penalties for false statements in applications. Sec. 41311. Dissemination of information. Sec. 41312. Exemption from numerical limitations. Sec. 41313. Reports to Congress. Sec. 41314. Grant program to assist eligible applicants. Sec. 41315. Authorization of appropriations. TITLE II—ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE Subtitle A—Reforming the H–2A Worker Program Sec. 42101. Comprehensive and streamlined electronic H–2A platform. Sec. 42102. Agricultural labor or services. Sec. 42103. H–2A program requirements. Sec. 42104. Portable H–2A visa pilot program. Sec. 42105. Pilot program providing forestry employers the option of using the H–2A program or the H–2B program. DIVISION E—AMERICAN PROSPERITY AND COMPETITIVENESS Sec. 51001. Short title. TITLE I—PROTECTING THE FAMILY SYSTEM Subtitle A—American Families United Act Sec. 51101. Rule of construction. Sec. 51102. Discretionary authority with respect to family members of United States citizens. Sec. 51103. Motions to reopen or reconsider. Subtitle B—Temporary Family Visitation Act Sec. 51111. Family purpose nonimmigrant visas for relatives of United States citizens and lawful permanent residents seeking to enter the United States temporarily. Subtitle C—Spouses or Children of an Alien Lawfully Admitted for Permanent Residence Uncapped Sec. 51131. Spouses or children of an alien lawfully admitted for permanent residence. Sec. 51132. Preference Allocation for Family-Sponsored Immigrants. TITLE II—FAIRNESS FOR IMMIGRANTS Sec. 51201. Elimination of backlogs. Sec. 51202. Per-country caps raised. Sec. 51203. Protecting the status of children affected by delays in visa avail- ability. Sec. 51204. Spouses and minor children not included in calculation. VerDate Sep 11 2014 07:12 Jul 14, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 E:\BILLS\H3599.IH H3599 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3599 IH TITLE III—IMPROVING EMPLOYMENT BASED VISAS Subtitle A—H–4 Work Authorization Act Sec. 51301. Employment authorization for certain alien spouses. Subtitle B—Improving Employment Based Visas Sec. 51311. Repeal o [Text truncated for display. Full text available on Congress.gov.]