Us Congress 2023-2024 Regular Session

Us Congress House Bill HB85

Introduced
1/9/23  

Caption

This bill grants exclusive jurisdiction to the U.S. District Court for the District of Columbia over (1) cases arising under immigration laws, or (2) claims by foreign nationals challenging an order of removal or another action authorized under the Immigration and Nationality Act.

Impact

The impact of HB85 on state and federal laws revolves around the jurisdictional changes that restrict immigration-related litigation to the District of Columbia. By granting exclusive jurisdiction to this court, the bill could potentially alter the landscape of immigration law, affecting how and where cases are adjudicated. Proponents may argue that having a centralized court for immigration issues could lead to more consistent rulings and interpretations of immigration laws, making the judicial process more efficient.

Summary

House Bill 85 aims to amend Title 28 of the United States Code to designate the United States District Court for the District of Columbia as having exclusive jurisdiction over cases arising under immigration laws. This change is significant as it centralizes the authority to hear immigration-related cases in a single court, potentially streamlining the judicial process for such cases. The bill specifically addresses two categories of actions: those stemming from immigration laws and those challenging removal orders issued to foreign nationals.

Conclusion

Overall, HB85 raises important considerations about jurisdiction, accessibility, and the administration of immigration laws in the United States. As the bill progresses through legislative channels, stakeholders on both sides of the immigration debate will likely raise concerns about its implications for legal representation and the efficiency of the immigration process.

Contention

However, there are likely points of contention regarding this bill. Critics could argue that by limiting jurisdiction to one federal district court, especially one located in the D.C. area, it may impose undue burdens on foreign nationals and their legal representatives who would need to travel to Washington, D.C. for hearings. This could create disparities in access to justice for individuals from various regions of the country, which may disproportionately affect immigrants residing far from the capital.

Companion Bills

No companion bills found.

Previously Filed As

US HB6477

To amend the Immigration and Nationality Act to reform the process for inspection of applicants for admission.

US HB47

Victims Of Immigration Crime Engagement Restoration Act or the VOICE Restoration Act This bill establishes the Victims of Immigration Crime Engagement Office within U.S. Immigration and Customs Enforcement. The office shall provide assistance to victims of crimes committed by non-U.S. nationals (aliens under federal law) who are present in the United States without lawful immigration status.

US HB2

Secure the Border Act of 2023 This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility. For example, the bill requires the Department of Homeland Security (DHS) to resume activities to construct a wall along the U.S.-Mexico border; provides statutory authorization for Operation Stonegarden, which provides grants to law enforcement agencies for certain border security operations; prohibits DHS from processing the entry of non-U.S. nationals (aliens under federal law) arriving between ports of entry; limits asylum eligibility to non-U.S. nationals who arrive in the United States at a port of entry; authorizes the removal of a non-U.S. national to a country other than that individual's country of nationality or last lawful habitual residence, whereas currently this type of removal may only be to a country that has an agreement with the United States for such removal; expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for driving while intoxicated causing another person's serious bodily injury or death; authorizes DHS to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border; prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors; authorizes immigration officers to permit an unaccompanied alien child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application; imposes additional penalties for overstaying a visa; and requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use the system.

US HB2056

District of Columbia Federal Immigration Compliance Act of 2025

US HB469

Asylum Abuse Reduction Act This bill places restrictions on non-U.S. nationals (aliens under federal law) seeking asylum and contains provisions related to immigration enforcement. Under this bill, an asylum seeker who arrives at a U.S. land port of entry without entry documents may not be admitted unless an asylum officer at a U.S. embassy or consulate has interviewed the individual and has concluded that the individual (1) has been persecuted in the alien's country of nationality due to their race, religion, or other characteristics; (2) has a credible fear of persecution if they returned to that country; or (3) would be tortured by the government upon return to that country. (Currently, an individual arriving at a port of entry may apply for asylum and an immigration officer there typically will conduct a credible fear interview.) Furthermore, an individual who traveled through a third country to enter the United States through the southern border shall be ineligible for asylum unless (1) the individual has applied for and been denied asylum or protection in that third country, (2) the individual was a victim of severe human trafficking, or (3) the third country is not party to certain international agreements relating to refugees. Each federal judicial district shall appoint at least one judge to issue arrest warrants for individuals violating orders to depart, upon a showing of probable cause. Under this bill, the Flores agreement (a lawsuit settlement which imposes various requirements relating to the treatment of minors detained for immigration-related purposes) shall not apply.

US SB1522

District of Columbia Federal Immigration Compliance Act

US HB16

American Dream and Promise Act of 2023 This bill provides certain non-U.S. nationals (aliens under federal law) with a path to receive permanent resident status and contains other immigration-related provisions. The Department of Homeland Security (DHS) or the Department of Justice (DOJ) shall provide conditional permanent resident status for 10 years to a qualifying individual who entered the United States as a minor and (1) is deportable or inadmissible, (2) has deferred enforced departure (DED) status or temporary protected status (TPS), or (3) is the child of certain classes of nonimmigrants. The bill imposes various qualifying requirements, such as the individual being continuously physically present in the United States since January 1, 2021, passing a background check, and being enrolled in or having completed certain educational programs. DHS shall remove the conditions placed on permanent resident status granted under this bill if the alien applies and meets certain requirements, such as completing certain programs at an educational institution, serving in the military, or being employed. Furthermore, DHS and DOJ shall provide lawful permanent resident status to certain individuals who had TPS, were eligible for TPS, or were eligible for DED status on certain dates. Such individuals must meet certain requirements and apply for such status within three years of this bill's enactment. DHS may not use information from applications filed under this bill or for Deferred Action for Childhood Arrivals status for immigration enforcement purposes. This bill also repeals a restriction that bars a state from providing higher education benefits to undocumented individuals unless those benefits are available to all U.S. nationals without regard to residency in the state.

US HB47

Victims Of Immigration Crime Engagement Restoration Act or the VOICE Restoration Act This bill establishes the Victims of Immigration Crime Engagement Office within U.S. Immigration and Customs Enforcement. The office shall provide assistance to victims of crimes committed by non-U.S. nationals (aliens under federal law) who are present in the United States without lawful immigration status.

US HB10415

To amend the Immigration and Nationality Act to provide that employment authorization is only available to aliens who are lawfully present in the United States, and for other purposes.

US HB3172

To amend section 287 of the Immigration and Nationality Act with respect to certain uniform requirements for United States immigration officers.

Similar Bills

No similar bills found.