US Federal 2023-2024 Regular Session

US Federal House Bill HB213

Introduced
1/9/23  

Caption

Break the Chain Act This bill makes various changes related to family-sponsored immigration, such as narrowing the definition of what constitutes an immediate relative and lowering the annual numerical cap on certain classes of family-sponsored visas. A non-U.S. national (alien under federal law) who is a parent of a U.S. citizen shall not qualify for a visa for immediate relatives, which is not subject to any direct numerical limits. Currently, the spouses, unmarried children under 21, and parents of citizens are considered immediate relatives. The bill also reduces the baseline annual cap for family-sponsored visas from 480,000 to 87,934, and revises the methods for calculating the cap. Currently, the 480,000 cap may be adjusted depending on various factors but shall not be less than 226,000. A spouse or child of a sponsoring lawful permanent resident (also known as a green card holder) shall be subject to the family-sponsored visa cap. The bill revises the rules for determining whether a non-U.S. national is a child for the purposes of family-sponsored immigration, and establishes that an individual who is married or turns 25 years old prior to a visa becoming available for issuance shall not qualify as a child. The bill creates a nonimmigrant classification for non-U.S. national parents of adult U.S. citizens, which authorizes such parents for admission into the United States for an initial five-year period. Such parents shall not be authorized for employment or to receive any public benefits.

Impact

The bill's reduction of the visa cap aims to prioritize certain categories of family-sponsored immigrants while marginalizing others, especially parents of citizens under 21 years of age. The legislation proposes a revision of how 'children' are defined in immigration terms, further complicating the pathway to residency for dependents. The implications of this bill will likely shift the dynamics of family reunification policies, streamlining them for specific applicants while leaving many others ineligible.

Summary

House Bill 213, known as the 'Break the Chain Act', introduces significant changes to the Immigration and Nationality Act regarding family-sponsored immigration. The bill narrows the definition of 'immediate relatives' by excluding parents of U.S. citizens, impacting those who seek to join their children in the United States. The legislation also reduces the annual cap for family-sponsored visas from 480,000 to 87,934, creating substantial limitations on familial immigration.

Contention

Debate surrounding HB 213 highlights significant dissent regarding its restrictive provisions. Opponents argue that these changes infringe on family unity and disrupt the emotional and logistical aspects of immigrant lives. There is concern that such a rigid structure for family-based immigration could result in unfairly separating families and creates barriers for many who wish to legally immigrate based on familial ties. Conversely, proponents claim the changes will better manage immigration flows and reduce dependency on public services by restricting nonimmigrant status to those unlikely to seek employment or benefits.

Companion Bills

No companion bills found.

Previously Filed As

US A10021

Prohibits children from being denied access to a free public education on account of perceived or actual citizenship or immigration status or the perceived or actual citizenship or immigration status of their parents or person in a parental relationship.

US S08597

Prohibits children from being denied access to a free public education on account of perceived or actual citizenship or immigration status or the perceived or actual citizenship or immigration status of their parents or person in a parental relationship.

US HB698

Asylum Accountability Act This bill permanently bars a non-U.S. national (alien under federal law) from receiving certain immigration-related relief if that individual is ordered removed from the United States after failing to appear at a removal proceeding, unless that failure to appear is due to exceptional circumstances. (Currently, this bar from relief is for 10 years.) Under this bill, such an individual shall be permanently barred from receiving discretionary relief under specified immigration provisions, such as (1) cancellation of removal and adjustment to lawful permanent resident status, (2) being allowed to voluntarily depart from the United States, or (3) being allowed to change from one nonimmigrant classification to another.

US HB449

This bill waives certain requirements for U.S. nationals applying for citizenship. Currently, individuals born in an outlying possession (i.e., American Samoa or Swains Island) are U.S. nationals but do not automatically acquire citizenship through birth in an outlying possession. Under this bill, a U.S. national who otherwise qualifies may become a citizen upon establishing residence and physical presence in a U.S. outlying possession. Currently, U.S. nationals must become a resident of a state to qualify for naturalization. The bill also waives certain naturalization requirements, including those related to English language proficiency and participation in a public ceremony, for individuals who have continuously resided in an outlying possession or state from birth to the approval of a naturalization application. Furthermore, upon meeting other requirements, this bill allows a child born abroad of a U.S. citizen parent to acquire citizenship by establishing presence and residency in an outlying possession, where currently such a child must be lawfully present in the United States to acquire citizenship through this method.

US HB61

Ensuring United Families at the Border ActThis bill addresses the treatment of children who are non-U.S. nationals (aliens under federal law), including by statutorily establishing that there is no presumption that such a child (other than an unaccompanied child) should not be detained for immigration purposes.Specifically, the bill states that the detention of such minors shall be governed by specified sections of the Immigration and Nationality Act and not any other provision of law, judicial ruling, or settlement agreement.(A 1997 settlement agreement, commonly known as the Flores agreement, imposes requirements relating to the treatment of detained alien minors, including requiring such minors to be released or placed in a nonsecure facility after a certain amount of time in detention.)If an adult enters the United States unlawfully with their child, the Department of Homeland Security must detain the adult and child together if the only criminal charge against the adult is a misdemeanor for unlawful entry.This bill also prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors or families with minors.

US SB62

America First ActThis bill limits the eligibility of certain non-U.S. nationals (aliens under federal law) for various federal benefits and grants, makes permanent the child tax credit increase, and requires individuals to provide evidence of satisfactory immigration status prior to receiving specified benefits.The bill prohibits asylees, parolees, and individuals withheld from removal from receiving certain federal benefits, including Medicaid, Temporary Assistance for Needy Families, the Supplemental Nutritional Assistance Program (SNAP), and Supplemental Security Income. The bill further restricts on the basis of immigration status benefits under federal health programs such as Medicare, emergency disaster relief, housing assistance, food assistance, early childhood assistance, student aid, and Community Development Block Grants.The bill also makes permanent the increase in the child tax credit set to expire at the end of 2025. In addition, this tax credit and the earned income tax credit are not available to asylees, parolees, individuals granted temporary protected status, individuals withheld from removal, individuals granted deferred action for childhood arrivals (DACA) status, and non-U.S. nationals with employment-based immigrant visas.Federal aid is reduced for elementary and secondary education by 50% annually to jurisdictions that do not assist federal immigration enforcement actions (deemed sanctuary jurisdictions under the bill).The bill also removes statutory exemptions for Haitian entrants that allows such entrants to receive various aid.Certain benefits are prohibited, including Medicaid and SNAP, until an applicant’s satisfactory immigration status is proved.The bill prohibits tax-exempt 501(c)(3) charitable organizations from using federal funds to support certain non-U.S. nationals.

US HJ0008

A JOINT RESOLUTION providing that, for purposes of determining whether a person is a qualified elector, the person shall not be deemed to be a United States citizen if the person also possesses citizenship of a foreign adversary of the United States.

US HB63

Grant Relief for American Children's Elevation Act of 2023 or the GRACE Act This bill establishes that an exceptional and extremely unusual hardship includes a hardship resulting from a removal (or deportation) that separates the individual subject to removal from a family member who is a U.S. citizen, a lawful permanent resident, or lawfully admitted into the United States. Under current law, the Department of Homeland Security may cancel the removal of a non-U.S. national (alien under federal law) if the removal would result in an exceptional and extremely unusual hardship to an immediate relative who is a U.S. citizen or lawful permanent resident.

US HB85

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.

US HB90

Voter Integrity Protection Act This bill imposes additional immigration-related penalties for non-U.S. nationals (aliens under federal law) who vote in an election for federal office. It shall be an aggravated felony for a non-U.S. national who is unlawfully present to violate an existing prohibition against a non-U.S. national voting in a federal election. (An aggravated felony conviction carries various immigration consequences, such as rendering the non-U.S. national inadmissible, deportable, and barred from establishing good moral character for naturalization.) A non-U.S. national who is unlawfully present and who knowingly violates the prohibition against voting in a federal election shall be deportable.

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