Comparison of the Key DACA-Deal Proposals

Transcription

1 Comparison of the Key DACA-Deal Proposals Reform Act of 2018 Introduced / January 10, 2018 January 16, 2018 January 29, 2018 January 17, 2018 December 6, 2017 January 25, 2018 Rep. Goodlatte (R-VA6) Rep. Hurd (R-TX-23) Rep. Aguilar (DCA-31) Rep. Reed (R-NY-23) Rep. Gottheimer (D-NJ-5) Sen. Durbin (D-IL) Sen. Graham (R-SC) Sen. Grassley (R-IA) N/A (Released by White House) Original Cosponsors Reps. McCaul (R-TX10), Labrador (R-ID-1), McSally (R-AZ-2), Sensenbrenner (R-WI5), Carter (R-TX31) 49 original (24 Repub- Not Yet Introduced licans 25 Demo(but is backed by crats) 24 Republicans 24 Democrats in the caucus) Senators Bennet (DCO), Flake (R-AZ), Gardner (R-CO), Menendez (D- NJ), Senators Cornyn (RN/A TX), Tillis (R-NC), Lankford (R-OK), Cotton (R-AR), Perdue (R-GA) Proposed DACA Fix? Provides qualifying individuals with Contingent Nonimmigrant Status (CNS) (3-year protection with ability to extend for additional 3-year terms) ability to lawfully work (i.e., an employment authorization document (EAD)). Provides qualifying individuals with Conditional Permanent Resident Status (for up to 8 years) path to citizenship. Provides qualifying individuals with conditional permanent resident status a path to citizenship. Provides qualifying individuals with Provisional Protected Status for 3 years from date of enactment (non-renewable). Released Sponsor(s) Provides qualifying individuals with conditional permanent resident status a path to citizenship. Provides qualifying individuals with legal status a path to citizenship.

2 Reform Act of 2018 Dreamers Covered? Only covers qualifying DACA recipients with valid EAD as of date of enactment. Yes TPS recipients. Limited Application Period? One year from date of interim final rule publication. Not stated in bill sum- Not stated in bill mary. summary. Path to Citizenship? Not stated. Does include confidentiality provision, with limited exceptions, for information provided by applicants information provided in DACA applications. Provides a flexible path, up to 13 years (up to Provides a 10year path to citizenship for those with DACA a 12-year eight years to full LPR path for other Dream+5 ers. years to citizenship). Provides a 10year path to citizenship for those with DACA a 12-year path for other Dreamers. Border Wall Appropriations Provides $9.3 billion for the wall physical barriers at the border. Provides $1.59 billion for the wall physical barriers at the border. Part of the $2.015 B for Border Security Procurement, Construction, Improvements (specific amount dedicated to wall uncertain as bill text not yet released). Only covers qualifying DACA recipients DACA-eligible individuals. Not stated. Does Not stated in suminclude confidentiality mary. provision, with limited exceptions, for information provided by applicants information provided in DACA applications. Provides a 10to 12-year path to citizenship. Specific amount dedicated to physical barriers the wall not specified. Provides $25 billion to fund a border wall, ports of entry, other border enhancements.

3 Reform Act of 2018 Border Security Provisions? Adds approximately 5,000 Border Patrol Agents 5,000 Customs Border Protection Officers; Requires DACA youth applying for contingent nonimmigrant status to pay $1,000 fee to support border security efforts; Allows for modernization of existing construction of new Ports of Entry. Directs DHS to deploy additional technology along the border; Directs development of a plan to maintain situational awareness operational control; Allows for construction of new Ports of Entry; Authorizes funding for Operation Stonegarden (funding joint border security efforts between DHS local law enforcement). Appropriates $1.12 billion for non-barrier infrastructure, including surveillance technology. Appropriates $2.7 B in border security improvements, including the planning design, construction of a border wall additional surveillance technology along the border. Directs DHS to deploy additional technology infrastructure along the border; Allows for modernization of existing construction of new Ports of Entry. Adds approximately 5,000 Border Patrol Agents 5,000 Customs Border Protection (CBP) Officers; Provides additional funding to hire increased Department of Homel Security personnel (which may include CBP agents).

4 Reform Act of 2018 Interior Enforcement Provisions? Prohibits sanctuary jurisdictions from receiving certain federal grants allows, in certain instances, victims of crimes to sue sanctuary jurisdictions if they failed to honor detainer requests; Increases ICE ERO by 2,700 agents; Increases the daily detention capacity to no less than 48,879 detention beds; Blocks certain federal funding to sanctuary jurisdictions (if the state or subdivision also has 287(g) agreements); Increases penalties for illegal entry reentry. Increases penalties for illegal entry reentry. Provides additional funding to hire increased Department of Homel Security personnel (which may include ICE attorneys ICE agents); Increased use of detention; Targets visa overstayers among others.

5 Reform Act of 2018 Family-based Provisions? Modifies narrows the existing family-based immigration system; Reduces the overall visas allocated for family-based immigration; Creates a 5-year renewable temporary visa for parents of adult U.S. citizens (excluding those who once held CNS). Prohibits Dream- er parents from being sponsored for citizenship by their children who receive Dream Act benefits. Enables Dreamer parents to receive 3- year renewable legal status with work authorization (but no path to citizenship); Limits family members that Lawful Permanent Residents (LPRs) can sponsor to the nuclear family (i.e., spouses unmarried children under the age of 21). Prohibits Dreamer parents from being sponsored for citizenship by their children who receive Dream Act benefits. Enables Dreamer parents to receive 3- year renewable legal status with work authorization (but no path to citizenship); Limits family members that Lawful Permanent Residents (LPRs) can sponsor to the nuclear family (i.e., spouses unmarried children under the age of 21). Modifies narrows the existing family-based immigration system; Reduces the overall visas allocated for family-based immigration; Creates a 5-year renewable temporary visa for parents of adult U.S. citizens. Limits family-based immigration to spouses minor children of U.S. citizens Lawful Permanent Residents.

6 Reform Act of 2018 Unaccompanied Children (UAC) Provisions? Eliminates current protections for UAC makes it more difficult for UAC to obtain certain forms of legal relief, such as Special Immigrant Juvenile Status. Yes Diversity Visa Provisions? Eliminates the program. Eliminates the program (reallocates 50% of visas based on merit to priority countries that are underrepresented 50% to TPS recipients). Eliminates the program (reallocates 50% of visas based on merit to priority countries that are underrepresented 50% to TPS recipients). Eliminates the program (reallocates these visas to the backlog in family-based immigration high-skilled employment immigration). E-verify Provisions? Makes the E-verify program matory. No does not eliminate existing protections for UAC. Yes does include provisions to enhance coordination provide funding to El Salvador, Guatemala, Also rolls back existing Honduras on addressprotections for accompa- ing the root causes of nied children makes migration, including it easier to keep them in child migration. family detention. Temporary Protected Status (TPS) Provisions? Narrows UAC definition, eliminates current protections for UAC, makes it more difficult for UAC to obtain certain forms of legal relief. Permanently reauthorizes the E-verify program (but does not make it matory). Reallocates visas Reallocates visas to TPS recipients who to TPS recipients can maintain legal sta- who can maintain tus work authori- legal status work zation while awaiting authorization while visas. awaiting visas. We underst that the reference to legal loopholes will amount to rollbacks to existing protections for vulnerable migrants, including unaccompanied children.

7 Reform Act of 2018 Exps Inadmissibility Deportability grounds? Unclear not specifically stated in summary. Judges Resources Includes provisions to increase the number of immigration judges Board of Appeals staff attorneys. Includes provision to designate or hire up to 100 immigration judges to carry out part of new expedited processing of UAC address the immigration court backlog. Provides funding for ICE attorneys, immigration judges, prosecutors.