Project Description

120TH CONGRESS 

1ST SESSION

1. R. ____

To terminate certain nonimmigrant visa programs, impose a national moratorium on  immigration, create a Healthcare Visa program, restrict and restructure permanent and  student immigration, heighten standards for naturalization, clarify eligibility for  citizenship at birth, and permanently end asylum, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES 

Ms. Montiel introduced the following bill; which was referred to the Committee on  ____________________

A BILL 

To terminate certain nonimmigrant visa programs, impose a national moratorium on  immigration, create a Healthcare Visa program, restrict and restructure permanent and  student immigration, heighten standards for naturalization, clarify eligibility for  citizenship at birth, and permanently end asylum, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America  in Congress assembled,

SECTION 1. SHORT TITLE. 

This Act may be cited as the “Immigration Moratorium and Reform Act”.

SEC. 2. FINDINGS AND PURPOSE. 

(a) Findings. Congress finds that:

(1) The current system of employment-based nonimmigrant visas has, in many  sectors, displaced or undercut American workers and suppressed wages; (2) Large-scale immigration, both temporary and permanent, has contributed to labor  market distortions, strain on public resources, and challenges to assimilation and national  cohesion;

(3) National security, public safety, and economic stability require a temporary but  comprehensive pause on most forms of immigration while the United States reevaluates  and restructures its immigration system;

(4) The Nation faces critical shortages in certain healthcare fields, where foreign  workers may be needed on a strictly controlled, temporary, and merit-based basis; (5) Existing systems of asylum and humanitarian relief have been subject to abuse,  backlog, and inconsistent application, undermining the integrity of the immigration  system; and

(6) The scope and conditions of both naturalization and birthright citizenship are  matters of significant national concern that warrant clarification and reform by Congress.

(b) Purpose. The purposes of this Act are:

(1) to terminate the H-1B1 nonimmigrant visa program and require the orderly  departure of such visa holders, with a narrow exception for qualified healthcare  professionals;

(2) to institute a ten-year moratorium on nearly all immigration to the United States,  with limited, strictly controlled exceptions;

(3) to create a new, tightly regulated Healthcare Visa (HCV) program for essential  healthcare professionals;

(4) to limit and condition the issuance and continuation of lawful permanent resident  status and student visas;

(5) to require robust monitoring of certain foreign nationals from high-risk countries; (6) to permanently end asylum under current law;

(7) to raise substantially the standards and conditions under which naturalization may  be granted; and

(8) to clarify, for purposes of citizenship at birth, the meaning of the phrase subject to  the jurisdiction thereof.

SEC. 3. DEFINITIONS. 

In this Act:

(1) H-1B1 program means the nonimmigrant classification and all associated  programs commonly known as the H-1B1 visa category.

(2) Foreign alien means any person who is not a citizen or national of the United  States.

(3) Healthcare occupation means lawful employment in the United States as a  licensed physician, registered nurse, advanced practice nurse, physician assistant,  pharmacist, or as a full-time medical or biomedical researcher employed by a licensed  hospital, research institution, or academic medical center.

(4) Healthcare Visa (HCV) means the nonimmigrant classification created under  section 5 of this Act.

(5) Student visa means any nonimmigrant classification authorizing full-time  academic or vocational study in the United States, including but not limited to F and M  classifications, and any successor category.

(6) Permanent residency or lawful permanent resident status means the status of  having been lawfully accorded the privilege of residing permanently in the United States  as an immigrant, as reflected by a permanent resident card or equivalent documentation.

(7) Telecommunication monitoring means any electronic check-in system using a  mobile phone, wearable device, or other approved telecommunications device with  location capability, approved and monitored by the Department of Homeland Security.

(8) Immigrant visa means a visa issued to a person seeking admission to the United  States for lawful permanent residence.

(9) Nonimmigrant visa means a visa issued to a foreign alien seeking temporary  admission to the United States for a limited purpose.

(10) High-risk country means a foreign state or territory designated as such under  section 7 of this Act.

SEC. 4. TERMINATION OF H-1B1 PROGRAM AND DEPARTURE  REQUIREMENT. 

(a) Termination of program. Effective on the date that is 30 days after the date of  enactment of this Act, the H-1B1 nonimmigrant classification and all associated  programs are hereby terminated. No new petitions, extensions, changes of status, or  admissions shall be granted under such program on or after such date.

(b) Departure requirement for current H-1B1 holders.

(1) Except as provided in subsection (c), any foreign alien present in the United States  in H-1B1 status, or in any status derived solely from such principal H-1B1 status, shall  depart the United States no later than 180 days after the date of enactment of this Act.

(2) Failure to depart within the period specified in paragraph (1) shall render such  foreign alien removable and subject to removal proceedings under the Immigration and  Nationality Act.

(c) Exception for healthcare occupations and transition to Healthcare Visa (HCV). (1) Any foreign alien in H-1B1 status who is employed in a healthcare occupation as  defined in section 3(3) may apply, within 90 days of the date of enactment of this Act, for  transition into the Healthcare Visa (HCV) classification created by section 5. (2) Such applicants shall be permitted to remain in the United States solely for the  purpose of adjudication of their HCV application, for a period not to exceed 365 days  after the date of enactment of this Act, unless granted HCV status sooner. (3) The Secretary of State, in consultation with the Secretary of Homeland Security,  shall adjudicate such applications on a holistic basis, considering the applicant’s  qualifications, disciplinary or criminal history, national security concerns, employment  record, and the demonstrated need of the employing institution.

(4) Any applicant whose HCV application is denied shall depart the United States no  later than 60 days after notification of denial.

SEC. 5. CREATION OF HEALTHCARE VISA (HCV) PROGRAM. 

(a) Establishment. There is established a nonimmigrant classification to be known as  the Healthcare Visa (HCV).

(b) Eligibility. To qualify for HCV classification, a foreign alien must:

(1) possess a bona fide, full-time offer of employment in a healthcare occupation  from a licensed hospital, research institution, or academic medical center in the United  States;

(2) demonstrate the requisite education, licensure, and professional certification under  United States and State law;

(3) pass comprehensive background and security checks as determined by the  Secretary of State and the Secretary of Homeland Security;

(4) demonstrate proficiency in the English language sufficient to safely perform job  duties and to communicate with patients and colleagues; and

(5) agree to all telecommunication monitoring and reporting requirements established  under this Act and the immigration laws of the United States.

(c) American worker priority.

(1) No HCV petition shall be approved unless the petitioning employer demonstrates,  to the satisfaction of the Secretary of Labor, that it has first actively sought to recruit and  hire qualified United States workers with substantially similar or greater qualifications  and was unable to do so.

(2) The Secretary of Labor shall issue regulations defining acceptable recruitment  efforts and documentation, which shall include advertising the position at prevailing  wages, good-faith interviewing of qualified United States applicants, and written  justification for non-selection.

(d) Nonimmigrant nature and duration.

(1) HCV status is strictly nonimmigrant and does not itself confer any direct or  indirect path to permanent residency or citizenship.

(2) HCV status may be granted for an initial period not to exceed three years and may  be renewed in increments of up to three years, at the discretion of the Secretary of State  and the Secretary of Homeland Security.

(3) Total time in HCV status shall not exceed nine years, except as provided by  subsequent Act of Congress.

(e) Numerical limitations. Congress may establish annual numerical caps on HCV  approvals by subsequent legislation; in the absence of such caps, approvals shall be  limited to the minimum number deemed necessary to address critical healthcare shortages  as determined annually by the Secretary of Health and Human Services.

SEC. 6. TEN-YEAR MORATORIUM ON IMMIGRATION. 

(a) General moratorium. Notwithstanding any other provision of law, for a period of  ten years beginning on the date of enactment of this Act:

(1) no immigrant visas shall be issued;

(2) no new applications for lawful permanent resident status shall be approved; and (3) no new student visas shall be issued,

except as otherwise provided in this Act.

(b) Exceptions. The moratorium shall not apply to:

(1) nonimmigrant HCV visas issued under section 5; and

(2) B-1 and B-2 nonimmigrant visas for temporary business or tourism, subject to all monitoring and conditions under this Act and the immigration laws of  the United States.

(c) Termination and review. At the conclusion of the ten-year moratorium period,  immigrant and student visa issuance may resume only in accordance with the reforms and  limitations set forth in this Act and any subsequent Acts of Congress.

SEC. 7. TELECOMMUNICATION MONITORING OF NATIONALS OF HIGH RISK COUNTRIES. 

(a) High-risk country designation.

(1) The Secretary of Homeland Security, in consultation with the Secretary of State  and the Director of National Intelligence, shall designate as a high-risk country any  foreign state or territory whose conditions, government practices, or security environment  present elevated risks of terrorism, espionage, organized crime, human trafficking, or  other threats to the national security of the United States.

(2) The list of high-risk countries shall be reviewed at least annually and may be  updated by the Secretary of Homeland Security as warranted by changing conditions.

(b) Requirement as condition of visa issuance for certain nationals.

(1) Any foreign alien who is a national of a high-risk country and who applies for a  visa or admission under an allowable category during the moratorium period, including  HCV, B-1, and B-2, shall, as a condition of approval, consent in writing to participate in  telecommunication monitoring under this section.

(2) Failure to provide such consent shall result in automatic denial of the visa or  application for admission.

(c) Telecommunication monitoring requirement.

(1) A foreign alien subject to this section shall participate in regular electronic check ins, at a frequency and in a manner specified by the Department of Homeland Security,  using an approved telecommunication device with location capability.

(2) In setting the frequency of check-ins, the Department of Homeland Security shall  consider the individual’s immigration status, purpose of stay, compliance history, and any  specific security concerns, provided that nationals of high-risk countries may be required  to check in daily.

(3) The Department may require the use of specific applications, devices, or systems  to verify identity and location.

(d) Failure to comply.

(1) Any willful failure by a foreign alien subject to this section to comply with  required check-ins on two or more occasions within any 30-day period, without good  cause shown, shall:

(A) result in revocation of visa or admission status;

(B) render the foreign alien removable and subject to removal proceedings; and (C) subject the foreign alien to a civil penalty of up to $10,000.

(2) Any foreign alien who, after revocation, remains in the United States for more  than 30 days shall be subject to criminal penalties of up to one year imprisonment, a fine  as provided in title 18, United States Code, or both, in addition to removal.

(e) Non-application to low-risk nationals. Nationals of countries not designated as  high-risk shall not be subject to telecommunication monitoring under this section, but  shall remain subject to all other requirements of this Act and of the immigration laws of  the United States.

SEC. 8. SUSPENSION AND REFORM OF STUDENT VISAS. 

(a) Suspension of new issuance during moratorium. Effective on the date of  enactment of this Act, and for the duration of the ten-year moratorium period established  in section 6, no new student visas shall be issued.

(b) Continuation of current student visas.

(1) Foreign aliens lawfully present in the United States in valid student visa status on  the date of enactment of this Act may remain in the United States for the lesser of: (A) the period authorized by their current student status; or

(B) four academic years from the date of enactment of this Act,

provided they remain in good academic standing and comply with all applicable  immigration laws.

(2) No extensions of student status beyond the period described in paragraph (1) shall  be granted during the moratorium.

(c) Post-moratorium student visa structure. Upon expiration of the ten-year  moratorium period:

(1) student visas may again be issued, but no student visa status shall authorize  presence in the United States for a period exceeding four academic years in total; (2) student visa holders shall be required to obtain approval for each academic  semester of study in the United States, with continued presence conditioned on timely  application, enrollment in good standing, and compliance with immigration laws; and (3) student visa status shall confer no preference or priority in the allocation of  immigrant visas or permanent residency.

SEC. 9. RESTRICTIONS ON PERMANENT RESIDENCY (GREEN CARDS).

(a) Suspension of new issuance during moratorium. During the ten-year moratorium  period established in section 6:

(1) no new lawful permanent resident status shall be granted; and

(2) no immigrant visas shall be issued,

except as may be expressly required to honor specific obligations under existing  treaties as implemented by Congress.

(b) Revocation authority for existing lawful permanent residents on specific grounds. (1) The Secretary of Homeland Security, in consultation with the Secretary of State,  may seek revocation of lawful permanent resident status only if the foreign alien: (A) obtained such status by fraud or willful misrepresentation of a material fact; (B) has been convicted of terrorism-related offenses, espionage, or other national security-related crimes as defined by statute;

(C) has been convicted of a serious aggravated felony as defined in the Immigration  and Nationality Act; or

(D) is determined, based on clear and convincing evidence, to pose an ongoing  national security threat.

(2) Revocation under this subsection shall occur only after:

(A) written notice of intent to revoke;

(B) an opportunity for the lawful permanent resident to be heard, present evidence,  and be represented by counsel; and

(C) a determination by an immigration judge or other appropriate adjudicative body  consistent with due process of law.

(c) Post-moratorium issuance standards for new permanent residents. Upon expiration  of the ten-year moratorium:

(1) immigrant visas and lawful permanent resident status may be issued only to  foreign aliens who:

(A) possess advanced skills or education demonstrably needed in the United States  economy;

(B) demonstrate full financial self-sufficiency without reliance on means-tested  public benefits;

(C) demonstrate English language proficiency; and

(D) pass heightened security and background screenings;

(2) family-based immigration shall be limited to spouses and minor children of  United States citizens, subject to the standards in paragraph (1); and (3) chain migration beyond the nuclear family shall be prohibited unless expressly  authorized by subsequent Act of Congress.

SEC. 10. TERMINATION OF ASYLUM.

(a) Termination of statutory asylum authority. Notwithstanding any other provision of  law, the statutory authority for granting asylum under the Immigration and Nationality  Act, including but not limited to provisions implemented through Form I-589, is hereby  repealed and terminated as of the date of enactment of this Act.

(b) No new applications. No new applications for asylum may be filed on or after the  date of enactment of this Act.

(c) Pending applications. Applications for asylum pending on the date of enactment  of this Act shall be dismissed without prejudice to any other form of relief for which the  applicant may qualify under law as amended by this Act or by subsequent Act of  Congress.

SEC. 11. ENFORCEMENT AND IMPLEMENTATION. 

(a) Regulations. The Secretary of Homeland Security, the Secretary of State, the  Secretary of Labor, and the Attorney General shall, as appropriate, promulgate  regulations to implement this Act not later than 180 days after the date of enactment.

(b) Priority of removal. Foreign aliens required to depart under this Act who fail to do  so within the specified time shall be prioritized for removal under the Immigration and  Nationality Act.

(c) No private right of action. Except as expressly provided in this Act, nothing in this  Act shall be construed to create a private right of action against the United States or its  officers.

SEC. 12. SEVERABILITY. 

If any provision of this Act, or the application thereof to any person or circumstance,  is held invalid, the remainder of this Act, and the application of such provision to other  persons or circumstances, shall not be affected.

SEC. 13. EFFECTIVE DATE. 

Except as otherwise provided, this Act shall take effect on the date of its enactment.

SEC. 14. HEIGHTENED NATURALIZATION STANDARDS. 

(a) Extended residence and presence requirement. Notwithstanding any other  provision of law, an applicant for naturalization shall, for applications filed on or after the  date that is ten years after the date of enactment of this Act:

(1) have resided continuously in the United States as a lawful permanent resident for  a period of not less than twenty-five years immediately preceding the date of filing the  application; and

(2) have been physically present in the United States for at least eighteen of those  twenty-five years, with no single absence exceeding ninety consecutive days, and no  aggregate absences exceeding one year.

(b) Financial self-sufficiency and work history.

(1) An applicant shall demonstrate that, during the entire twenty-five-year period  described in subsection (a), the applicant:

(A) has not received any means-tested public benefit, whether Federal, State, or local,  except for life-saving emergency medical treatment; and

(B) has maintained continuous full-time lawful employment, self-employment, or  other lawful means of support in the United States, with annual income or resources of  not less than 250 percent of the Federal poverty level for the applicant’s household size. (2) Periods of lawful unemployment shall be permitted only if:

(A) they do not exceed an aggregate of twelve months over the twenty-five-year  period; and

(B) the applicant demonstrates sufficient savings or other resources to remain self sufficient during such periods.

(3) The Secretary of Homeland Security shall by regulation define means-tested  public benefits and acceptable evidence of self-sufficiency and work history.

(c) English language and civics proficiency.

(1) An applicant shall demonstrate an advanced level of English proficiency,  comparable to a high level of professional fluency, including reading, writing, and oral  communication, as measured by a standardized test approved by the Secretary of  Homeland Security.

(2) The applicant shall demonstrate a comprehensive knowledge of the history,  founding documents, constitutional structure, and civic principles of the United States, by  passing an oral and written examination with a score of not less than 90 percent, on a test  substantially more rigorous than the standard in effect on the date of enactment of this  Act.

(3) No exemption from English or civics requirements shall be granted on the basis of  age or length of residence.

(d) Exclusive allegiance and renunciation of foreign citizenship.

(1) As a condition of approval, an applicant shall formally renounce all foreign  citizenships and titles of nobility, to the extent permitted by the laws of the foreign state,  prior to taking the oath of allegiance.

(2) The applicant shall disclose all foreign passports, citizenship documents, and  foreign military, political party, or intelligence service affiliations.

(3) The Secretary of Homeland Security may deny naturalization to any applicant  whose foreign ties, affiliations, or obligations are determined to pose a potential risk to  the national security or foreign policy interests of the United States.

(e) Good moral character, public-safety, and criminal bars.

(1) An applicant shall demonstrate good moral character for the entire twenty-five year period described in subsection (a).

(2) An applicant shall be permanently ineligible for naturalization if the applicant has  ever:

(A) been convicted of any felony offense under Federal or State law; (B) been convicted of two or more misdemeanor offenses involving violence, theft,  fraud, driving under the influence, or controlled substances;

(C) been convicted of a domestic violence offense, sexual offense, or offense  involving child exploitation; or

(D) been reasonably suspected, based on credible information, of involvement in  organized crime, gang activity, terrorism, or espionage, even absent conviction, if so  determined following an adjudicative process with notice and an opportunity to respond.

(3) The applicant shall pass an enhanced national security and public-safety  background check, including review of foreign travel, foreign financial interests, and  associations.

(f) Pre-naturalization observation period.

(1) At least five years prior to filing an application for naturalization, a lawful  permanent resident shall file a notice of intent to apply for naturalization with the  Department of Homeland Security.

(2) During this five-year pre-application period, the Department may monitor the  applicant’s compliance with all immigration, criminal, and tax laws and may deny any  subsequent naturalization application based on violations occurring during this period.

(3) Any serious violation of criminal, immigration, or tax laws during the pre application period shall restart the twenty-five-year residence and good-moral-character  period described in subsection (a).

(g) Numerical limitations and national-interest discretion.

(1) Congress may by law establish annual numerical limits on the number of persons  who may be naturalized in any fiscal year; in the absence of such law, the Secretary of  Homeland Security may, by regulation, limit naturalizations to the number determined to  be consistent with the national interest and the capacity for assimilation.

(2) The Secretary of Homeland Security may deny naturalization to any applicant  otherwise statutorily eligible if the Secretary determines, in a written decision, that  granting naturalization would be contrary to the national interest of the United States, taking into account security, economic, cultural, and assimilation-related factors, subject  only to limited judicial review for abuse of discretion or legal error.

(h) No entitlement to naturalization.

(1) Nothing in this section shall be construed to create any entitlement or vested right  to naturalization.

(2) Naturalization shall remain a discretionary act of sovereignty of the United States,  conferred only when all statutory requirements, including this section, have been fully  satisfied and when, in the judgment of the United States, it is in the national interest to do  so.

SEC. 15. CLARIFICATION OF BIRTHRIGHT CITIZENSHIP. 

(a) Clarification of the phrase “subject to the jurisdiction thereof”. For purposes of  section 1 of the Fourteenth Amendment to the Constitution of the United States and  section 301(a) of the Immigration and Nationality Act, 8 U.S.C. 1401(a), the phrase  “subject to the jurisdiction thereof” shall be construed to mean only a person who is born  in the United States and who, at the time of birth, has at least one parent who is: (1) a citizen or national of the United States;

(2) a lawful permanent resident of the United States; or

(3) an alien who is lawfully present in the United States under the immigration laws  of the United States, and who is not present in a diplomatic or comparable capacity on  behalf of a foreign government.

(b) Persons not subject to the jurisdiction. A person born in the United States shall not  be deemed to be “subject to the jurisdiction” of the United States for purposes of  birthright citizenship if, at the time of such person’s birth:

(1) neither parent is a citizen or national of the United States;

(2) neither parent is a lawful permanent resident of the United States; and (3) neither parent is lawfully present in the United States under the immigration laws  of the United States.

(c) Lawful presence defined. For purposes of this section, an alien is “lawfully  present” in the United States only if the alien:

(1) has been admitted to the United States or paroled into the United States in  accordance with the Immigration and Nationality Act;

(2) has not overstayed the period of authorized stay; and

(3) has not otherwise violated the terms of the visa, parole, or other status under  which the alien was admitted or allowed to remain.

(d) Diplomatic and related personnel. An alien who is present in the United States in a  diplomatic or comparable capacity on behalf of a foreign government, or who enjoys  immunity from the criminal jurisdiction of the United States by virtue of such status,  shall not be considered “subject to the jurisdiction” of the United States for purposes of  this section, and a child born in the United States to such an alien shall not be deemed a  citizen of the United States at birth solely by reason of such birth.