Reducing Immigration to a Genuinely Healthy Total (RIGHT) Act of 2005 - Reduces U.S. immigration levels (and visa allotments) for: (1) family-sponsored immigrants to zero; (2) diversity immigrants to zero; and (3) employment-based immigrants.
Caps fiscal year humanitarian-related entries at 50,000, which shall include: (1) refugees; (2) assylees; (3) Polish, Hungarian, Soviet, and Indochinese parolees; (4) aliens whose removal is canceled and status adjusted; and (5) aliens provided permanent resident status through private legislation.
Eliminates specified legalization and amnesty programs, including: (1) agricultural worker amnesty; (2) Immigration Reform and Control Act (IRCA) legalizations; (3) amnesties under the Nicaraguan Adjustment and Central American Relief Act of 1997, and the Haitian Refugee and Immigration Fairness Act of 1998; and (4) Cuban-Haitian adjustments.
Requires congressional approval for extension of designation of foreign states for temporary protected status designations.
Establishes as nonimmigrant classifications: (1) spouses and minor children of lawful permanent residents (currently, a preference immigrant classification); and (2) parents of U.S. adult citizens (currently, an immediate relative classification exempt from numerical immigrant limitations).
Prohibits automatic citizenship by birth unless at least one of the individual's parents is, at the time of birth, a U.S. citizen or national or an alien lawfully admitted for permanent residence.
Makes voting in a foreign election a basis for automatic loss of U.S. citizenship.
Sets forth the instances under which illegal U.S. presence by a person shall be considered as not demonstrating good moral character for immigration purposes.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3700 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3700
To reform immigration to serve the national interest.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 8, 2005
Mr. Tancredo introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform immigration to serve the national interest.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Reducing
Immigration to a Genuinely Healthy Total (RIGHT) Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; definitions.
TITLE I--LEGAL IMMIGRATION REFORM
Sec. 101. Worldwide levels of immigration.
Sec. 102. Allotment of visas.
Sec. 103. Humanitarian immigration.
Sec. 104. Sunsetting adjustments under various provisions.
Sec. 105. Requirement for Congressional approval for extension of
designation of foreign states for purposes
of temporary protected status.
Sec. 106. Establishment of new nonimmigrant classifications; conversion
of certain existing immigrant
classification petitions.
TITLE II--MISCELLANEOUS PROVISIONS
Sec. 201. Limitation on automatic birthright citizenship.
Sec. 202. Requirement for immigrants to provide affidavit of allegiance
to the United States.
Sec. 203. Requirement of affidavit of support for employment-based
immigrants.
Sec. 204. Making voting in foreign election a basis for automatic loss
of citizenship.
Sec. 205. Treating illegal presence in the United States as not
demonstrating good moral character.
(c) Definitions.--For purposes of this Act, the definitions
contained in subsections (a) and (b) of section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101) shall apply.
TITLE I--LEGAL IMMIGRATION REFORM
SEC. 101. WORLDWIDE LEVELS OF IMMIGRATION.
Beginning with fiscal year 2006, notwithstanding section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151)--
(1) the worldwide level of family-sponsored immigrants
under subsection (c) of such section in any fiscal year shall
be zero;
(2) the worldwide level of employment-based immigrants
under subsection (d) of such section in any fiscal year shall
be 5,200; and
(3) the worldwide level of diversity immigrants under
subsection (e) of such section in any fiscal year shall be
zero.
SEC. 102. ALLOTMENT OF VISAS.
(a) In General.--Beginning with fiscal year 2006, notwithstanding
section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)--
(1) the number of visas that shall be allotted to family-
sponsored immigrants under subsection (a) of such section in
any fiscal year shall be zero;
(2) the number of visas that shall be allotted to priority
workers under subsection (b)(1) of such section (and to spouses
and children of such workers under subsection (d) of such
section) in any fiscal year shall not exceed 5,000, the number
of visas that shall be allotted in any fiscal year to priority
workers under subsection (b)(5) of such section (and to spouses
and children of such workers under subsection (d) of such
section) in any fiscal year shall not exceed 200, and the
number of visas that shall be allotted to other aliens subject
to the worldwide level for employment-based immigrants in any
fiscal year shall be zero;
(3) the number of visas that shall be allotted to special
immigrants under subsection (b)(4) of such section (and to
spouses and children of such workers under subsection (d) of
such section) in any fiscal year shall not exceed 1,000; and
(4) the number of visas that shall be allotted to diversity
immigrants under subsection (c) of such section in any fiscal
year shall be zero.
Nothing in this title shall be construed as imposing any numerical
limitation on special immigrants described in subparagraph (A) or (B)
of section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who may be
provided immigrant visas (or who otherwise may acquire the status of an
alien lawfully admitted for permanent residence).
(b) Limitation on Sponsorship by Certain Aliens.--Notwithstanding
any other provision of law, effective October 1, 2006, no visa may be
allotted to any immigrant on the basis of a petition by an individual
who has filed an application under section 210 or section 245A of the
Immigration and Nationality Act (8 U.S.C. 1160, 1255a).
(c) Elimination of Preference Categories.--Effective October 1,
2006, no classification petition may be filed or approved, and no alien
may be issued an immigration visa number, for the following preference
categories:
(1) Family preference.--Preference under section 203(a).
(2) Employment-based preference.--Preference under section
203(b), other than as an alien described in subparagraph (A) or
(B) of section 203(b)(1) or under section 203(b)(5), or under
section 203(d) as the spouse or minor child of either such an
alien.
(3) Diversity.--Preference under section 203(c).
(d) Limitation on Granting Immigrant Status.--Effective October 1,
2006, the Secretary of Homeland Security may not accept or approve any
petition for classification under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) except for classification by reason of
a family relationship described in section 201(b)(2) of such Act (8
U.S.C. 1151(b)(2)) or priority worker or investor status under
paragraph (1)(A), (1)(B), or (5) of subsection (b) of section 203 of
such Act (8 U.S.C. 1153), or as a spouse or child of such a worker or
investor under subsection (d) of such section, or as an alien described
in section 201(b)(1)(B) or 201(b)(1)(C) of such Act.
SEC. 103. HUMANITARIAN IMMIGRATION.
(a) Annual Limitation of 50,000.--Notwithstanding any other
provision of law, subject to subsection (b), beginning with fiscal year
2006 the sum of the following shall not exceed 50,000:
(1) The number of refugees who are admitted under section
207 of the Immigration and Nationality Act (8 U.S.C. 1157) in a
fiscal year.
(2) The number of admissions made available in such fiscal
year to adjust to the status of permanent residence the status
of aliens granted asylum under section 209(b) of such Act (8
U.S.C. 1159(b)).
(3) The number of aliens whose status is adjusted in such
fiscal year under section 646 of the Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law
104-208), relating to Polish and Hungarian parolees.
(4) The number of aliens whose status is adjusted in such
fiscal year under section 599E of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990
(relating to Soviet and Indochinese parolees).
(5) The number of other aliens whose removal is cancelled
(and whose status is adjusted) in such fiscal year under
section 240A of such Act (8 U.S.C. 1229b).
(6) The number of aliens who are provided lawful permanent
resident status in such fiscal year on the basis of a private
bill passed by Congress.
(b) Exception.--In applying subsection (a), aliens who are spouses
or children of citizens of the United States, or who are admitted under
the limitations described in section 102, shall not be counted.
SEC. 104. SUNSETTING ADJUSTMENTS UNDER VARIOUS PROVISIONS.
(a) Sunset for IRCA-Related and Certain Other Amnesties.--An alien
may not be issued an immigrant visa or otherwise acquire the status of
an alien lawfully admitted for permanent residence under any of the
following provisions, unless the alien has filed an application for
such visa or status on or before the date of the enactment of this Act:
(1) Section 245A of the Immigration and Nationality Act (8
U.S.C. 1255a), commonly known as the IRCA legalization program.
(2) Section 210 of such Act (8 U.S.C. 1160), commonly known
as the agricultural worker amnesty program.
(3) Section 249 of such Act (8 U.S.C. 1259), commonly known
as registry.
(4) Section 584 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1988,
relating to Amerasian immigration.
(b) Sunset for HRIFA and NACARA Amnesties.--An alien may not be
issued an immigrant visa and may not otherwise acquire the status of an
alien lawfully admitted for permanent residence under any of the
following provisions, unless the alien has filed an application for
such visa or status on or before the date of the enactment of this Act:
(1) Section 202 of the Nicaraguan Adjustment and Central
American Relief Act of 1997 (title II of Public Law 105-100).
(2) The Haitian Refugee and Immigration Fairness Act of
1998 (division A of section 101(h) of Public Law 105-277).
(c) Immediate Repeal of Cuban-Haitian Adjustment.--An alien may not
be issued an immigrant visa and may not otherwise acquire the status of
an alien lawfully admitted for permanent residence) under any section
202 of the Immigration Reform and Control Act of 1986, unless the alien
has filed an application for such visa or status on or before the date
of the enactment of this Act:
(d) Immediate Repeal of Lautenberg-Morrison Provisions.--Effective
on the date of the enactment of this Act, section 599D of of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167) is repealed.
SEC. 105. REQUIREMENT FOR CONGRESSIONAL APPROVAL FOR EXTENSION OF
DESIGNATION OF FOREIGN STATES FOR PURPOSES OF TEMPORARY
PROTECTED STATUS.
Effective on October 1, 2006, the period of designation of a
foreign state under section 244(b) of the Immigration and Nationality
Act (8 U.S.C. 1254(b)) may not be extended beyond the initial
designation period without the approval of both Houses of Congress.
SEC. 106. ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATIONS; CONVERSION
OF CERTAIN EXISTING IMMIGRANT CLASSIFICATION PETITIONS.
(a) Establishment of Nonimmigrant Classifications.--Effective
October 1, 2006, the Secretary of Homeland Security shall establish the
following new nonimmigrant classifications (under section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)):
(1) Spouses and minor children of lawful permanent
residents.--
(A) In general.--A nonimmigrant classification for
an alien who is the spouse or child of an alien
lawfully admitted for permanent residence.
(B) Period of validity of nonimmigrant visa.--A
visa issued for nonimmigrant classification under this
paragraph shall be valid for a period of 3 years. Such
visa may be renewed indefinitely so long as the
principal alien is residing in the United States and
the nonimmigrant alien remains the spouse or child of
such alien.
(C) Subsequent adjustment to lawful permanent
resident status as immediate relatives upon
naturalization of principal alien.--If the principal
alien described in subparagraph (A) becomes a
naturalized citizen of the United States, the alien may
apply for permanent resident status of such spouse and
child as an immediate relative under section
201(b)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)) and, for purposes of making such
determination, the age of the child shall be the age of
such child as of the date of approval of the
nonimmigrant status under subparagraph (A).
(2) Parents of adult united states citizens.--
(A) In general.--A nonimmigrant classification for
an alien who is the parent of a citizen of the United
States if the citizen is at least 21 years of age.
(B) Period of validity of nonimmigrant visa.--A
visa issued for nonimmigrant classification under this
subparagraph shall be valid for a period of 5 years.
Such visa may be renewed indefinitely so long as the
citizen son or daughter is residing in the United
States.
(C) Limitations on employment and public benefits
and support by petitioning citizen son or daughter.--An
alien provided nonimmigrant status under this paragraph
is not authorized to be employed in the United States
and is not entitled, notwithstanding any other
provision of law, to any benefits funded by the Federal
Government or any State. In the case of such an alien,
the petitioning United States citizen son or daughter
shall be responsible for the support of the alien in
the United States, regardless of the resources of such
alien.
(b) Conversion of Current Classification Petitions.--
(1) Family second preference conversions.--In the case of a
classification petition under section 204(a) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)) for preference status
described in section 203(a)(2)(A) of such Act (8 U.S.C.
1153(a)(2)(A)) for an alien that has been filed before October
1, 2006, as of such date such petition shall be deemed to be a
petition for classification of the alien involved as a
nonimmigrant under the classification established under
subsection (a)(1).
(2) Immediate relative petitions for parents.--In the case
of a classification petition under section 204(a) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)) for
immediate relative status status under section 201(b)(2)(A) of
such Act (8 U.S.C. 1151(b)(2)(A)) as the parent of a United
States citizen that has been filed before October 1, 2006, as
of such date such petition shall be deemed to be a petition for
classification of the alien involved as a nonimmigrant under
the classification established under subsection (a)(2).
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. LIMITATION ON AUTOMATIC BIRTHRIGHT CITIZENSHIP.
Notwithstanding any other provision of law, with respect to an
individual born after the date of the enactment of this Act, the
individual shall not be a national or citizen at birth under section
301 of the Immigration and Nationality Act (8 U.S.C. 1401) unless at
least one of the individual's parents is, at the time of birth, a
citizen or national of the United States or an alien lawfully admitted
for permanent residence.
SEC. 202. REQUIREMENT FOR IMMIGRANTS TO PROVIDE AFFIDAVIT OF ALLEGIANCE
TO THE UNITED STATES.
(a) In General.--Notwithstanding any other provision of law, no
alien shall be provided an immigrant visa or otherwise provided status
as an alien lawfully admitted to the United States for permanent
residence unless the alien has executed an affidavit of allegiance to
the United States that is in a form approved by the Secretary of
Homeland Security.
(b) Effective Date.--Subsection (a) shall take effect on and after
such date, not later than 60 days after the date of the enactment of
this Act, as the Secretary of Homeland Security specifies after having
approved the form for the affidavit under such section.
SEC. 203. REQUIREMENT OF AFFIDAVIT OF SUPPORT FOR EMPLOYMENT-BASED
IMMIGRANTS.
(a) In General.--Notwithstanding any other provision of law, no
alien shall be provided an an immigrant visa or otherwise provided
status as an alien lawfully admitted to the United States for permanent
residence as an employment-based immigrant under section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)) unless there has
been executed an affidavit of support that meets the requirements of
section 213A of such Act (8 U.S.C. 1183a) alien has executed an
affidavit of allegiance to the United States that is in a form approved
by the Secretary of Homeland Security.
(b) Effective Date.--Subsection (a) shall apply to visas and lawful
permanent residence status provided after the date of the enactment of
this Act.
SEC. 204. MAKING VOTING IN FOREIGN ELECTION A BASIS FOR AUTOMATIC LOSS
OF CITIZENSHIP.
(a) In General.--Section 349(a) of the Immigration and Nationality
Act (8 U.S.C. 1481(a)) is amended--
(1) by striking the period at the end of paragraph (7) and
inserting ``; or''; and
(2) by adding at the end the following new paragraph:
``(8) voting in an election in a foreign country.''.
(b) Effective Date.--The amendments made by subsection (a) apply to
voting occurring after the date of the enactment of this Act.
SEC. 205. TREATING ILLEGAL PRESENCE IN THE UNITED STATES AS NOT
DEMONSTRATING GOOD MORAL CHARACTER.
(a) In General.--Section 101(f) of the Immigration and Nationality
Act (8 U.S.C. 1101(f)) is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following new
paragraph:
``(10) one who--
``(A) at the time good moral character is required
to be demonstrated, is unlawfully present in the United
States without having been admitted or paroled;
``(B) at the time good moral character is required
to be demonstrated, has been inspected and admitted to
the United States but gained such admission through
fraud or misrepresentation; or
``(C) at any time has been unlawfully present in
the United States for an aggregate period of 181 days
or more.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to determinations of good moral character made after the date of
the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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