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.
Ending Catch and Release Act of 2023 This bill changes the treatment of certain non-U.S. nationals (aliens under federal law) without lawful immigration status, including by prohibiting the release of asylum seekers into the United States while their cases are pending. The Department of Homeland Security (DHS) may not (with some exceptions) release an individual who is not clearly entitled to admission into the United States while the individual's case is pending, even if the individual is an asylum seeker. DHS may instead detain the individual or return the individual to a neighboring country in certain situations. The bill also expands expedited removal from the United States (i.e., removal without further hearing or review) to include individuals present in the United States without being admitted, with certain exceptions. Under current law, individuals are subject to expedited removal if they lack proper documentation or obtained an immigration benefit through fraud; such individuals are still subject to expedited removal under the bill. The bill also modifies the standard for establishing a credible fear of persecution to avoid expedited removal. Generally, an asylum seeker may avoid expedited removal if an asylum officer finds such a credible fear. Under this bill, an officer may find credible fear if it is more likely than not the individual can establish their eligibility for asylum, whereas under current law, the officer may find credible fear if there is a significant possibility that the individual can establish their eligibility.
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.
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.
A bill to permanently authorize the exemption of aliens working as fish processors from the numerical limitation on H-2B nonimmigrant visas.
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.
To express the sense of Congress that aliens who are present in the United States without lawful status under the immigration laws should not receive any benefit under the Medicare program or under the Medicaid program.
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.
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.
Expedited Removal Codification Act of 2023 This bill provides statutory authority for a July 23, 2019, Department of Homeland Security (DHS) notice that expanded the classes of non-U.S. nationals (aliens under federal law) who are subject to expedited removal (i.e., removal without further hearing or review). DHS published another notice on March 21, 2022, rescinding the July 2019 notice. Thus, this bill in effect restores the expanded version of expedited removal under the July 2019 notice. The July 2019 notice expanded expedited removal to cover certain inadmissible non-U.S. nationals who were apprehended in any part of the United States and who have been in the United States for less than two years. By contrast, with the March 2022 rescission, expedited removal is generally limited to certain inadmissible non-U.S. nationals apprehended near or at a border.