Us Congress 2023-2024 Regular Session

Us Congress House Bill HB2640

Introduced
4/17/23  
Refer
4/17/23  

Caption

Border Security and Enforcement Act of 2023 Legal Workforce Act Immigration Parole Reform Act of 2023 Visa Overstays Penalties Act Protection of Children Act of 2023 Ensuring United Families at the Border Act Border Safety and Migrant Protection Act of 2023 Asylum Reform and Border Protection Act of 2023

Impact

The ramifications of HB 2640 on state laws are significant, particularly as it preempts local authorities from enforcing regulations that relate to hiring and employment verification. By consolidating authority at the federal level, the bill presents new challenges for state lawmakers, as they may lose the ability to tailor employment regulations to meet local economic conditions or community needs. Additionally, the introduction of asylum fees and changes in eligibility criteria may lead to fewer applicants eligible for asylum, thus reshaping the landscape of legal immigration and refugee resettlement in the United States.

Summary

House Bill 2640, known as the Border Security and Enforcement Act of 2023, seeks to reform the asylum system while simultaneously enhancing border protection measures. This bill includes provisions aimed at adjusting the criteria for asylum eligibility, imposing fees for applications, and implementing stricter guidelines for assessing claims. Moreover, it aims to facilitate the entry of workers in agricultural sectors by modifying elements related to temporary work permits. Notably, the bill proposes sweeping changes in the verification of employment eligibility processes, emphasizing a national standard over individual state regulations.

Sentiment

The sentiment surrounding HB 2640 appears to be polarized. Proponents, particularly among Republican lawmakers, argue that the measures are necessary for strengthening immigration controls and ensuring that the asylum process is more efficient and less burdened by fraudulent claims. They believe that these reforms will ultimately enhance national security and streamline immigration processes. Conversely, opponents, including various advocacy groups and some Democratic legislators, caution that such reforms may undermine the rights of asylum seekers and introduce barriers that violate international human rights obligations.

Contention

A notable point of contention within the bill is the proposed adjustments to the asylum system, which could make it considerably harder for individuals fleeing persecution to find refuge in the United States. Critics argue that the shifts from a support-oriented to a more restrictive framework could diminish the foundational aspects of the U.S. asylum policy. Moreover, the strict penalties and enforcement measures proposed for employers may have the unintended effect of discouraging lawful hiring practices, especially in sectors heavily reliant on seasonal labor, thus impacting local economies.

Companion Bills

US HB319

Related Legal Workforce Act This bill directs the Department of Homeland Security (DHS) to create an electronic employment eligibility confirmation system modeled after and to replace the E-Verify system, which allows employers and recruiters to verify the immigration status of individuals. The bill also mandates the use of such a system, where currently only some employers, such as those with federal contracts, are required to use E-Verify. The bill specifies documents that can establish an individual's identity and employment authorization. During the period starting when a job offer is made until three business days after hiring, the individual must attest to his or her employment authorization, and the employer or recruiter must attest that it has examined the individual's required documents. Employers shall reverify certain types of employees who were not previously verified using E-verify. The Social Security Administration shall notify employees if their Social Security number has been used multiple times in an unusual manner. DHS shall establish programs for blocking and suspending misused numbers. Employers that are required to use the verification system shall not be liable for any employment-related action based on a good-faith reliance on the information from the system. The bill establishes a phased-in participation deadline for different categories of employers, including agricultural employers. The bill increases civil penalties related to hiring individuals without work authorization. It also preempts state laws relating to hiring and employment eligibility verification, but states may use their authority of business licensing to penalize employers for failing to comply with the bill's provisions.

US SB505

Related Immigration Parole Reform Act of 2023

US HB2436

Related Visa Overstays Penalties Act

US HB2432

Related Migrant Processing and Protection Act of 2023

US HB2417

Related Protection of Children Act of 2023

US HB2453

Related Immigration Parole Reform Act of 2023

US HB2580

Related Ensuring United Families at the Border Act

US HB2

Related 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 SB2824

Related Secure the Border Act of 2023

US HB6477

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

Similar Bills

No similar bills found.