S.119

 The Unaccompanied Alien Child Protection Act of 2005: 

Introduced on January 24, 2005, by Senator Dianne Feinstein (D-CA), S. 119 would build upon the Homeland Security Act, which transferred the care and custody of unaccompanied alien children from the former INS to the Department of Health and Human Services’ Office of Refugee Resettlement (ORR).  Among other things, the bill would: ensure that unaccompanied alien children have access to counsel; give ORR the authority to provide guardians ad litem to such children; establish minimum standards for the care and custody of unaccompanied alien minors; and strengthen policies for permanent protection of unaccompanied alien children. 

 Introduced on March 8 by Representative Zoe Lofgren (D-CA), H.R. 1172 would build upon § 462 of the Homeland Security Act, which transferred the care, custody and placement of unaccompanied alien children from the Department of Justice to the Department of Health and Human Service’s Office of Refugee Resettlement (ORR).  H.R. 1172 would ensure that the transfer of responsibilities from the DHS to the ORR occurs in an orderly manner, that the children have access to counsel during immigration proceedings, and would provide the ORR with the authority to appoint guardians ad litem where appropriate.  The legislation would also establish minimum standards for the care and custody of unaccompanied alien children and reform procedures for abused, abandoned, or neglected children to access permanent protection when such protection is warranted.   

 
Driver’s Licenses/ID Documents 

 Introduced on January 26, 2005, by Representative Tom Davis (R-VA), H.R. 368 would establish and implement regulations for State driver’s license and identification document security standards.
 
 

 
Due Process and Civil Liberties 
 

H.R. 1502
 
The Civil Liberties Restoration Act: 

Introduced on April 6 by Representative Howard Berman (D-CA), H.R. 1502 seeks to roll back some of the most egregious post-9/11 policies and strike an appropriate balance between security needs and liberty interests.  Among other things, H.R. 1502 would secure due process protections and civil liberties for non-citizens in the U.S., enhance the effectiveness of our nation’s enforcement activities, restore the confidence of immigrant communities in the fairness of our government, and facilitate our efforts at promoting human rights and democracy around the world.  
 
 
H.R. 100 
 
The Citizens and Legal Immigration Act: 

 Introduced on January 4, 2005, by Representative David Dreier (R-CA), H.R. 100 would:
• Eliminate all statutory habeas review of removal orders in the federal district courts and funnel all habeas claims directly to the circuit courts of appeal.  In and of itself this provision is unobjectionable—it would merely streamline the review process. 

• Attempt to set in statute the constitutional floor for habeas review at “pure questions of law and constitutional claims.”  Enactment of this provision would create a huge amount of litigation (which this bill is purportedly designed to decrease) over the meaning of the phrase “pure questions of law.”

• Transfer all habeas cases pending in the district courts to the courts of appeals.  The problem with this provision is that many people who currently are precluded from filing petitions for review directly in courts of appeals and who plan to file habeas petitions might be precluded from any relief because of the 30-day filing deadlines in the circuit courts. 

 
Immigration Reform 
 

S. 1438

 The Comprehensive Enforcement and Immigration Reform Act of 2005 (CEIRA): 

 Introduced on July 20 by Senators John Cornyn (R-TX) and Jon Kyl (R-AZ), S. 1438 would take an enforcement-only approach to comprehensive immigration reform, creating an unworkable “Deferred Mandatory Departure” program for certain undocumented immigrants present in the U.S., and a temporary worker program that would provide no path to permanent status.  

S. 1033

The Secure America and Orderly Immigration Act:

 Introduced on May 12 by Senators John McCain (R-AZ), Edward Kennedy (D-MA) and others, S. 1033 would comprehensively reform our immigration laws so that they enhance our national security and address the concerns of American businesses and families.  Among other things, the bill would: establish a break-the-mold new essential worker visa program (the H-5A visa) while also providing a mechanism by which eligible undocumented immigrants present in the U.S. on the date of the bill’s introduction could adjust to temporary nonimmigrant (H-5B) status; promote family unity and reduce backlogs; call for the creation and implementation of a national strategy for border security and enhanced border intelligence; create new enforcement regimes; and promote circular migration patterns.  
 
 
S. 359
 
 
 The Agricultural Job Opportunities, Benefits, and Security (AgJobs) Act of 2005:

Introduced on February 10, 2005 by Senators Larry Craig (R-ID) and Edward Kennedy (D-MA), S. 359 would create an earned adjustment program for undocumented farm workers who would be eligible to apply for temporary immigration status based on their past work experience, and could become permanent residents upon satisfying prospective work requirements.  The legislation would also streamline the existing H-2A foreign agricultural worker program while preserving and enhancing key labor protections.  Representatives Chris Cannon (R-UT) and Howard Berman (D-CA) introduced a companion measure in the House (H.R. 884). The bill is similar to legislation that the two Senators introduced in the 108th Congress.
 
 
H.R. 2330

 
 The Secure America and Orderly Immigration Act: 

Introduced on May 12 by Representatives Jim Kolbe (R-AZ), Jeff Flake (R-AZ), and Luis Gutierrez (D-IL), H.R. 2330 would comprehensively reform our immigration laws so that they enhance our national security and address the concerns of American businesses and families.  Among other things, the bill would: establish a break-the-mold new essential worker visa program (the H-5A visa) while also providing a mechanism by which eligible undocumented immigrants present in the U.S. on the date of the bill’s introduction could adjust to temporary nonimmigrant (H-5B) status; promote family unity and reduce backlogs; call for the creation and implementation of a national strategy for border security and enhanced border intelligence; create new enforcement regimes; and promote circular migration patterns.  A Senate companion bill (S. 1033) was introduced on May 12 by Senators John McCain (R-AZ), Edward Kennedy (D-MA) and others. 
 
 
H.R. 2092
 
 The Save America Comprehensive Immigration Act of 2005: 

Introduced on May 4 by Representative Sheila Jackson Lee (D-TX), H.R. 2092 would, among many other things, increase the allocation of family-based immigrant visas; provide age-out protection for children; provide earned access to legalization; provide adjustment of status for certain children; update the registry provisions; and enhance border security.
 
 
H.R. 884
 
 The Agricultural Job Opportunities, Benefits, and Security (AgJobs) Act of 2005:

Introduced on February 17, 2005 by Representatives Chris Cannon (R-UT) and Howard Berman (D-CA), H.R. 884 would create an earned adjustment program for undocumented farm workers who would be eligible to apply for temporary immigration status based on their past work experience, and could become permanent residents upon satisfying prospective work requirements.  The legislation would also streamline the existing H-2A foreign agricultural worker program while preserving and enhancing key labor protections.  Senators Larry Craig (R-ID) and Edward Kennedy (D-MA) introduced a companion measure in the Senate (S. 359).  The bill is similar to legislation that the two Representatives introduced in the 108th Congress.
 
 

 
Nonimmigrants 
 

S. 455

 The American Competitiveness through International Openness Now (ACTION) Act of 2005: 

Introduced on February 17 by Senator Norm Coleman (R-OR), S. 455 would amend the Mutual Educational and Cultural Exchange Act of 1961 to facilitate United States openness to international students, scholars, scientists, and exchange visitors.  Among other things, the bill requires the President, in consultation with institutions of higher education in the United States, organizations that participate in international exchange programs, and other appropriate groups, to develop a strategic plan for enhancing the access of foreign students, scholars, scientists, and exchange visitors to the United States for study and exchange activities.  The legislation also calls for improvements in visa processing, including allowing U.S. embassies more discretion in waiving visa interviews, amending a 50-year old provision which requires consular officers to presume prospective foreign students are intending immigrants, reducing SEVIS fees for short-term visitors, and providing latitude to consular officers to issue visitor rather than student visas to some short-term English language students.  The bill also sets standards for timeliness in security reviews of pending applications.  
 
 
S. 352

 The Save Our Small and Seasonal Business Act of 2005:

Introduced on February 14, 2005 by Senator Barbara Mikulski (D-MD), S. 352 would revise certain requirements for H-2B employers and require submission of information regarding H-2B nonimmigrants.  Representative Wayne Gilchrest (R-MD) introduced companion legislation in the House (H.R. 793).  Note that the provisions of this legislation were signed into law as part of Public Law No. 109-13 (H.R. 1268) on May 11, 2005.
 
 
H.R. 3381
 
 The L-1 Nonimmigrant Reform Act: 

Introduced on July 21 by Representative Rosa DeLauro (D-CT), H.R. 3381 would amend the INA by placing restrictive limits on the L-1 visa, including a 35,000 per year visa cap, DOL attestation requirements and an abolishment of blanket Ls.
 
 
H.R. 3322
 
 The USA Jobs Protection Act of 2005: 

Introduced on July 18 by Representative Nancy Johnson (D-CT), H.R. 3322 would amend the H-1B and L-1 visa programs to increase the monitoring and enforcement authority of the Secretary of Labor over such programs.  Among other things, the bill would require L-1 employers to file an attestation with the Department of Labor, and would make the INA’s “H-1B-dependent” provisions applicable to all H-1B employers. 
 
 
H.R. 793

 The Save Our Small and Seasonal Business Act of 2005:

Introduced on February 14, 2005 by Representative Wayne Gilchrest (R-MD), H.R. 793 would revise certain requirements for H-2B employers and require submission of information regarding H-2B nonimmigrants.   
 

 
Restrictionist Bills