[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 819 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 819
To protect immigrant families, combat fraud, promote citizenship, and
build community trust, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 15, 2023
Ms. Cortez Masto introduced the following bill; which was read twice
and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect immigrant families, combat fraud, promote citizenship, and
build community trust, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fairness for
Immigrant Families Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--PROTECTING IMMIGRANT FAMILIES
Subtitle A--Expansion of Admissibility
Sec. 101. Promoting family unity.
Sec. 102. Extension of the application period for certain aliens
present in the United States for adjustment
of status.
Subtitle B--Relief From Removal
Sec. 111. Individuals previously removed.
Sec. 112. Expansion of cancellation of removal.
Sec. 113. Prohibition on removal of aliens with pending applications.
Sec. 114. Motions to reopen in cases involving fraud, negligence,
misrepresentation, extortion, and
unauthorized practice of law.
Subtitle C--Provisions Relating to Removal of Parents of United States
Citizens
Sec. 121. Review of and reporting on removal of parents of United
States citizens.
Sec. 122. Report on enforcement actions against parents of United
States citizens and DACA recipients.
Sec. 123. Report on United States citizens detained or deported.
Sec. 124. Protections for United States citizen children abroad.
TITLE II--COMBATING FRAUD AND PROMOTING CITIZENSHIP
Sec. 201. Combating immigration services fraud.
Sec. 202. Requirements for immigration consultants.
Sec. 203. Fee and backlog transparency.
Sec. 204. National Office for New Americans.
TITLE III--BUILDING COMMUNITY TRUST
Sec. 301. Protecting aliens who are victims of or witnesses to crimes
or are defending civil rights.
Sec. 302. Semiannual report on certain enforcement actions.
Sec. 303. Rule of construction.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Immigration plays a defining role in the identity of
the United States. Families throughout the United States have
roots in the immigration experience of earlier generations of
immigrants who came to the United States seeking better
opportunities, safety from persecution, and ultimately, a
chance at the American dream.
(2) While the ancestors of some families arrived centuries
ago, other families are continuing that tradition today.
Approximately 38,000,000 second-generation Americans are living
in the United States. As of 2020, 17,800,000 children in the
United States, or 26 percent, lived with 1 or more immigrant
parents. Just over 1 in 4 residents of the United States is an
immigrant or the child of immigrants. As of 2020, immigrants
account for 13.7 percent of the United States population.
(3) In the United States--
(A) 16,700,000 individuals live in a household with
1 or more family members who are not authorized to be
in the United States;
(B) 5,900,000 United States citizen children live
in a household with 1 or more family members who are
not authorized to be in the United States; and
(C) 8,000,000 United States citizens live in a
household with 1 or more family members who are not
authorized to be in the United States.
(4) Children of immigrants are the future workers, leaders,
voters, parents, and taxpayers of the United States and are
critical to the health and well-being of the United States.
(5) Second-generation Americans closely reflect or exceed
the national average household income, homeownership rate, and
college graduation rate.
(6) In their pursuit of the American dream, generations of
immigrant families have contributed to their communities in the
United States and will continue to do so, including as
essential workers who keep the United States running at great
risk to themselves and their families.
(7) Immigrants play a critical role in the United States
economy, and providing a path to citizenship for undocumented
immigrants is a necessary part of maintaining the economic
strength of the United States.
(8) Immigrant entrepreneurs account for almost 30 percent
of all new entrepreneurs in the United States, and immigrants
are almost twice as likely as the United States-born population
to become entrepreneurs.
(9) Undocumented immigrants contribute over $11,000,000,000
in State and local taxes each year.
(10) Removing undocumented residents from mixed-status
households cuts the median income of such households by 47
percent.
(11) Removing all undocumented workers from the workforce
would reduce cumulative gross domestic product over 10 years by
$4,700,000,000,000.
(12) Approximately 1,200,000 mortgages are held by
households with 1 or more undocumented individuals.
(13) Indiscriminate immigration enforcement and the threat
of immigration enforcement negatively impact the health,
development, and well-being of children at risk of separation
from a loved one due to detention or removal from the United
States. Neurobiological research demonstrates the acute and
lasting trauma that family separation, and the threat of
separation, causes in children, such as changes in the
architecture of the brain and increased likelihood to
experience emotional and behavioral issues, depression,
anxiety, post-traumatic stress disorder, and suicidal ideation.
SEC. 3. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise specifically provided,
any term used in this Act that is used in the immigration laws
shall have the meaning given the term in the immigration laws.
(2) DACA recipient.--The term ``DACA recipient'' means an
alien who has been granted deferred action pursuant to the
memorandum of the Department of Homeland Security entitled
``Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children'' issued
on June 15, 2012.
(3) Immigration laws.--The term ``immigration laws'' has
the meaning given the term in section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)).
TITLE I--PROTECTING IMMIGRANT FAMILIES
Subtitle A--Expansion of Admissibility
SEC. 101. PROMOTING FAMILY UNITY.
(a) Elimination of 3-Year and 10-Year Bars and Modification of
Permanent Bar.--Section 212(a)(9) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(9)) is amended--
(1) by striking subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (B);
and
(3) in subparagraph (B), as so redesignated--
(A) by amending clause (i) to read as follows:
``(i) In general.--Any alien who knows he
or she has received a final order of removal
under section 240, and who enters or attempts
to reenter the United States without being
admitted, is inadmissible.'';
(B) by amending clause (ii) to read as follows:
``(ii) Exceptions.--
``(I) Consent to reapplication for
admission.--Clause (i) shall not apply
to an alien seeking admission on a date
that is more than 3 years after the
date on which the alien last departed
the United States if the Secretary of
Homeland Security has consented to a
reapplication for admission by the
alien.
``(II) Minors.--Clause (i) shall
not apply to an alien who is under 21
years of age.
``(III) Asylees.--Clause (i) shall
not apply to an alien who has a bona
fide application for asylum pending
under section 208 or a bona fide
application for withholding of removal
under section 241(b)(3).
``(IV) Family unity.--Clause (i)
shall not apply to an alien who is a
beneficiary of family unity protection
pursuant to section 301 of the
Immigration Act of 1990 (8 U.S.C. 1255a
note).
``(V) Victims of a severe form of
trafficking in persons.--Clause (i)
shall not apply to an alien who
demonstrates that 1 or more severe
forms of trafficking in persons (as
defined in section 103 of the
Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102)) was a central
reason for the unlawful presence of the
alien in the United States.
``(VI) Aliens who entered as
children.--Clause (i) shall not apply
to an alien who--
``(aa) is the beneficiary
of an approved petition under
section 101(a)(15)(H);
``(bb)(AA) is in school,
has graduated from high school,
has obtained a general
education development
certificate recognized under
State law or a high school
equivalency diploma; or
``(BB) is serving in the
armed forces (as defined in
section 101(a) of title 10,
United States Code) or is an
honorably discharged veteran of
the armed forces; and
``(cc) had not yet reached
the age of 16 years on the date
on which the alien initially
entered the United States.'';
and
(C) in clause (iii)--
(i) by redesignating subclauses (I) and
(II) as items (aa) and (bb), respectively, and
moving such items, as redesignated, 2 ems to
the right;
(ii) by striking the clause designation and
heading and all that follows through
``Security'' and insert the following:
``(iii) Waivers.--
``(I) VAWA self-petitioners.--The
Attorney General or the Secretary of
Homeland Security, as applicable,'';
and
(iii) by adding at the end the following:
``(II) Extreme hardship.--The
Attorney General or the Secretary of
Homeland Security may, in the
discretion of the Attorney General or
the Secretary, waive clause (i) in the
case of an alien who is the parent,
spouse, or son or daughter of a United
States citizen or of an alien lawfully
admitted for permanent residence if it
is established to the satisfaction of
the Attorney General or the Secretary
that a denial of admission to the alien
would result in extreme hardship to the
United States citizen or lawfully
admitted permanent resident son or
daughter, spouse, or parent of the
alien.''.
(b) Misrepresentation of Citizenship.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 212 (8 U.S.C. 1182)--
(A) in subsection (a)(6)(C)--
(i) by amending clause (ii) to read as
follows:
``(ii) Misrepresentation of citizenship.--
``(I) In general.--Any alien who
knowingly and willfully misrepresents,
or has knowingly and willfully
misrepresented, himself or herself to
be a citizen of the United States for
any purpose or benefit under this Act
(including section 274A) or any Federal
or State law is inadmissible.
``(II) Exception.--In the case of
an alien who was under the age of 21
years at the time of making a
misrepresentation described in
subclause (I), the alien shall not be
considered to be inadmissible under any
provision of this subsection based on
such misrepresentation.''; and
(ii) in clause (iii), by striking ``of
clause (i)''; and
(B) by amending subsection (i)(1) to read as
follows:
``(i)(1) The Attorney General or the Secretary of Homeland Security
may, in the discretion of the Attorney General or the Secretary, waive
the application of subsection (a)(6)(C) in the case of an alien who is
the parent, spouse, or son or daughter of a United States citizen or of
an alien lawfully admitted for permanent residence and in the case of
an alien who is an alien granted classification under clause (iii) or
(iv) of section 204(a)(1)(A), if it is established to the satisfaction
of the Attorney General or the Secretary that the admission to the
United States of such alien would not be contrary to the national
welfare, safety, or security of the United States.''; and
(2) by amending section 237(a)(3)(D) (8 U.S.C.
1227(a)(3)(D)) to read as follows:
``(D) Misrepresentation of citizenship.--
``(i) In general.--Any alien who knowingly
and willfully misrepresents, or has knowingly
and willfully misrepresented, himself or
herself to be a citizen of the United States
for any purpose or benefit under this Act
(including section 274A) or any Federal or
State law is deportable.
``(ii) Exception.--In the case of an alien
who was under the age of 21 years at the time
of making a misrepresentation described in
clause (i), the alien shall not be considered
to be deportable under any provision of this
subsection based on such misrepresentation.''.
(c) Conforming Amendments.--
(1) Section 214(q) of the Immigration and Nationality Act
(8 U.S.C. 1184(q)) is amended--
(A) by striking paragraph (2);
(B) in paragraph (3)(C), by striking ``paragraphs
(6)(A), (7), and (9)(B)'' and inserting ``paragraphs
(6)(A) and (7)''; and
(C) by redesignating paragraph (3) as paragraph
(2).
(2) Section 245(h)(2)(A) of the Immigration and Nationality
Act (8 U.S.C. 1255(h)(2)(A)) is amended by striking ``(7)(A),
and (9)(B)'' and inserting ``and (7)(A)''.
(3) Section 248(a) of the Immigration and Nationality Act
(8 U.S.C. 1258(a)) is amended, in the matter preceding
paragraph (1), by striking ``and who is not inadmissible under
section 212(a)(9)(B)(i)'' and all that follows through
``section 212(a)(9)(B)(v))''.
SEC. 102. EXTENSION OF THE APPLICATION PERIOD FOR CERTAIN ALIENS
PRESENT IN THE UNITED STATES FOR ADJUSTMENT OF STATUS.
Section 245(i) of the Immigration and Nationality Act (8 U.S.C.
1255(i)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), in the undesignated matter
following clause (ii), by striking the semicolon and
inserting ``; and'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``April 30,
2001'' and inserting ``the date that is not
later than 5 years after the date of the
enactment of the Fairness for Immigrant
Families Act''; and
(ii) in clause (ii), by striking ``; and''
and inserting a period; and
(C) by striking subparagraph (C); and
(2) by amending paragraph (3)(B) to read as follows:
``(B) Any remaining portion of such fees remitted under
such paragraphs shall be deposited into the Immigration
Examinations Fee Account established under section 286(m).''.
Subtitle B--Relief From Removal
SEC. 111. INDIVIDUALS PREVIOUSLY REMOVED.
(a) Discretionary Reinstatement of Removal Orders.--Section
241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5))
is amended--
(1) by striking ``If the Attorney General'' and inserting
the following:
``(A) In general.--Except as provided in
subparagraph (B), if the Secretary of Homeland
Security''; and
(2) by adding at the end the following:
``(B) Exceptions.--
``(i) In general.--Subparagraph (A) shall
not apply to an alien--
``(I) who has not attained the age
of 21 years on the date on which the
alien reenters the United States; or
``(II) the reinstatement of the
prior order of removal of whom--
``(aa) is not in the public
interest;
``(bb) would result in
hardship to the United States
citizen or lawful permanent
resident parent, spouse, or
child of the alien; or
``(cc) would prevent
consideration of an application
for asylum that has not been
previously adjudicated.
``(ii) Rule of construction.--For purposes
of this paragraph, family separation shall be
considered--
``(I) not in the public interest;
and
``(II) a hardship.''.
(b) Motions To Reopen and Reconsider.--Section 240(c) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)) is amended by
adding at the end the following:
``(8) Special rule for relatives of united states
citizens.--
``(A) In general.--Notwithstanding subparagraphs
(A) and (B) of paragraph (6) and subparagraphs (A) and
(C) of paragraph (7)--
``(i) an alien described in subparagraph
(B) may file a motion to reconsider under
paragraph (6) or a motion to reopen under
paragraph (7) at any time and without numerical
limitation; and
``(ii) the Attorney General shall consider
any such motion.
``(B) Alien described.--An alien described in this
subparagraph is an alien who is--
``(i) outside the United States after
having been excluded, deported, or removed
from, or ordered to voluntarily depart, the
United States on or after January 20, 2017; and
``(ii) the spouse, child, or parent of a
citizen of the United States or an alien
lawfully admitted for permanent residence.
``(C) Treatment of physical presence.--For purposes
of any physical presence or continuous residence
requirement for relief under the immigration laws, with
respect to an alien described in subparagraph (B), a
period outside the United States after having been
excluded, deported, or removed from, or ordered to
voluntarily depart the United States on or after
January 20, 2017, shall not be considered to toll or
break the alien's physical presence or continuous
residence in the United States.''.
SEC. 112. EXPANSION OF CANCELLATION OF REMOVAL.
(a) In General.--Section 240A of the Immigration and Nationality
Act (8 U.S.C. 1229b) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``10''
and inserting ``7''; and
(ii) by amending subparagraph (D) to read
as follows:
``(D) establishes that removal would result in
extreme hardship to--
``(i) the alien; or
``(ii) the alien's spouse, parent, or child
who is a citizen of the United States or an
alien lawfully admitted for permanent
residence.''; and
(B) by adding at the end the following:
``(7) Waiver of extreme hardship.--The Attorney General or
the Secretary of Homeland Security may, in the discretion of
the Attorney General or the Secretary, waive the application of
subsection (b)(1)(D) in the case of an alien who is the parent,
spouse, or son or daughter of a United States citizen or of an
alien lawfully admitted for permanent residence and in the case
of an alien who is an alien granted classification under clause
(iii) or (iv) of section 204(a)(1)(A), if it is established to
the satisfaction of the Attorney General or the Secretary that
the admission to the United States of such alien would not be
contrary to the national welfare, safety, or security of the
United States.
``(8) Affirmative application process.--
``(A) In general.--The Secretary of Homeland
Security may cancel the removal of, and adjust to the
status of an alien lawfully admitted for permanent
residence, an alien described in paragraph (1) or (2),
who--
``(i) demonstrates that the alien is the
spouse, parent, son or daughter, or legal
guardian of a citizen of the United States; and
``(ii) submits to the Secretary of Homeland
Security an application at such time, in such
manner, and containing such information as the
Secretary may reasonably require.
``(B) Numerical limitations.--Notwithstanding any
other provision of law, an alien admitted to the United
States under this section shall not be subject to any
numerical limitation.''; and
(2) by striking subsection (e).
(b) Regulations.--The Secretary of Homeland Security shall
promulgate regulations setting forth procedures and requirements with
respect to the processing and adjudication of affirmative applications
for cancellation of removal under paragraph (7) of section 240A(b) of
the Immigration and Nationality Act (8 U.S.C. 1229b(b)), as added by
subsection (a)(1)(B).
SEC. 113. PROHIBITION ON REMOVAL OF ALIENS WITH PENDING APPLICATIONS.
(a) In General.--Section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225) is amended--
(1) in the section heading, by inserting ``; prohibition on
removal'' after ``hearing''; and
(2) by adding at the end the following:
``(e) Prohibition on Removal of Aliens With Certain Pending
Petitions and Applications.--
``(1) Beneficiaries of petitions for immigrant visas.--An
alien who is the beneficiary (including a spouse or child of
the principal alien, if eligible to receive a visa under
section 203(d)) of a petition for classification under section
204 that was filed with the Secretary of Homeland Security and
who is prima facie eligible for approval may not be removed
while such petition or application is pending or a decision on
such petition or application is on appeal.
``(2) Applicants for certain nonimmigrant and special
immigrant classifications and cancellation of removal.--An
applicant for classification as a nonimmigrant described in
subparagraph (T), (U), or (V) of section 101(a)(15), an
applicant for classification as a special immigrant under
section 101(a)(27)(J), or an applicant for cancellation of
removal under section 240A may not be removed while such
application is pending or a decision on such application is on
appeal.''.
(b) Conforming Amendment.--The table of contents at the beginning
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by striking the item relating to section 235 and inserting the
following:
``Sec. 235. Inspection by immigration officers; expedited removal of
inadmissible arriving aliens; referral for
hearing; prohibition on removal.''.
SEC. 114. MOTIONS TO REOPEN IN CASES INVOLVING FRAUD, NEGLIGENCE,
MISREPRESENTATION, EXTORTION, AND UNAUTHORIZED PRACTICE
OF LAW.
Section 240(c)(7)(C) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:
``(v) Fraud, negligence, misrepresentation,
or extortion by, or attempted, promised, or
actual practice of law without authorization on
the part of a representative.--Notwithstanding
subparagraph (A) and clause (i), an alien may
file a motion to reopen at any time to apply
for relief due to fraud, negligence,
misrepresentation, or extortion by, or
attempted, promised, or actual practice of law
without authorization on the part of, a
representative described in subsection (a) or
(b) of section 1292.1 of title 8, Code of
Federal Regulations, or a person who claimed to
be such a representative if the alien
establishes by a preponderance of the evidence
such fraud, negligence, misrepresentation, or
extortion by, or attempted, promised, or actual
practice of law without authorization on the
part of, such a representative or person.''.
Subtitle C--Provisions Relating to Removal of Parents of United States
Citizens
SEC. 121. REVIEW OF AND REPORTING ON REMOVAL OF PARENTS OF UNITED
STATES CITIZENS.
(a) In General.--Before the removal from the United States of an
alien parent or legal guardian of a child under the age of 21 years who
is a citizen of the United States or an alien lawfully admitted for
permanent residence, the Director of U.S. Immigration and Customs
Enforcement (referred to in this section as the ``Director'') shall
review and approve the removal of such alien.
(b) Quarterly Report.--Not less frequently than quarterly, the
Director shall submit to Congress a report on each review conducted
under subsection (a) during the preceding quarter that describes the
result of the review.
(c) Nondelegation.--The Director may not delegate the
responsibilities under this section.
SEC. 122. REPORT ON ENFORCEMENT ACTIONS AGAINST PARENTS OF UNITED
STATES CITIZENS AND DACA RECIPIENTS.
With respect to alien parents of children who are citizens of the
United States, aliens lawfully admitted for permanent residence, or
DACA recipients--
(1) not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to
Congress a report on the number of such aliens removed from the
United States during the period beginning on January 20, 2017,
and ending on January 20, 2021; and
(2) not less frequently than quarterly, the Secretary of
Homeland Security shall submit to Congress, for the preceding
quarter, a report on--
(A) the number of such aliens arrested by U.S.
Immigration and Customs Enforcement or U.S. Customs and
Border Protection;
(B) the number of such aliens detained by U.S.
Immigration and Customs Enforcement or U.S. Customs and
Border Protection;
(C) the number of such aliens for whom U.S.
Immigration and Customs Enforcement has obtained an
order of removal;
(D) the number of such aliens removed from the
United States and the countries to which such aliens
were removed; and
(E) the number of such aliens processed through
partnership programs with local law enforcement,
including--
(i) the Secure Communities immigration
enforcement program operated by U.S.
Immigration and Customs Enforcement;
(ii) a written agreement under section
287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)); and
(iii) detainers placed by U.S. Immigration
and Customs Enforcement.
SEC. 123. REPORT ON UNITED STATES CITIZENS DETAINED OR DEPORTED.
(a) Initial Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to Congress a report on the number of United States citizens detained
or removed from the United States during the period beginning on
January 20, 2017, and ending on January 20, 2021.
(b) Quarterly Report.--Not less frequently than quarterly, the
Secretary of Homeland Security shall submit to Congress a report on any
United States citizen detained or removed from the United States during
the preceding quarter, including a description of the actions taken by
the Secretary in response to each such detention or removal.
SEC. 124. PROTECTIONS FOR UNITED STATES CITIZEN CHILDREN ABROAD.
(a) Report on United States Citizen Children Accompanying Removed
Parents.--
(1) In general.--Not less frequently than semiannually, the
Secretary of State, with the cooperation of the Secretary of
Homeland Security, shall submit to Congress a report on known
citizens of the United States under the age of 18 years who
leave the United States to accompany an alien parent or legal
guardian who has been removed from the United States.
(2) Elements.--Each report required by paragraph (1) shall
include, for the preceding reporting period--
(A) the number of such citizens of the United
States; and
(B) for each such citizen of the United States--
(i) his or her current age;
(ii) the age at which he or she departed
the United States;
(iii) his or her country of residence;
(iv) an assessment whether--
(I) either parent was deported or
removed from the United States;
(II) either parent remains in the
United States; and
(III) he or she was in foster care
in the United States at any time; and
(v) an identification of any pending
custody case in the United States with respect
to such citizen, as applicable.
(3) Cooperation of secretary of homeland security.--The
Secretary of Homeland Security shall provide to the Secretary
of State any data of the Department of Homeland Security that
the Secretary of State may require to prepare the report under
this subsection.
(b) Directorate of Community Outreach.--There is established within
the Department of State a directorate for the purpose of conducting
outreach to citizens of the United States under the age of 18 years who
have left the United States to accompany an alien family member who has
been removed from the United States.
TITLE II--COMBATING FRAUD AND PROMOTING CITIZENSHIP
SEC. 201. COMBATING IMMIGRATION SERVICES FRAUD.
(a) Schemes To Provide Fraudulent Immigration Services.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1041. Schemes to provide fraudulent immigration services
``(a) In General.--
``(1) Offense.--It shall be unlawful to knowingly or
recklessly execute a scheme or artifice, in connection with any
matter that is authorized by or arises under any Federal
immigration law or any matter the offender claims or represents
is authorized by or arises under any Federal immigration law,
to--
``(A) defraud any person; or
``(B) obtain or receive money or anything else of
value from any person by means of false or fraudulent
pretenses, representations, or promises.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 10
years, or both.
``(b) Misrepresentation.--
``(1) Offense.--It shall be unlawful for a person to
knowingly and falsely represent that such person is an attorney
or an accredited representative (as that term is defined in
section 1292.1 of title 8, Code of Federal Regulations (or any
successor regulation)) in any matter arising under any Federal
immigration law.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 15
years, or both.
``(c) Reimbursement.--Any person convicted of an offense under this
section shall fully reimburse the client for any services that person
fraudulently provided.''.
(2) Clerical amendment.--The table of sections for chapter
47 of title 18, United States Code, is amended by inserting
after the item relating to section 1040 the following:
``1041. Schemes to provide fraudulent immigration services.''.
(b) Local Immigration Consumer Fraud Information Hotlines and
Assistance Websites.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at
the end the following:
``PART PP--IMMIGRATION CONSUMER FRAUD HOTLINES AND WEBSITES
``SEC. 3061. IMMIGRATION CONSUMER FRAUD HOTLINES AND WEBSITES.
``(a) Grant Authorization.--The Attorney General shall make grants
to States, units of local government, or any combination thereof, in
partnership with stakeholders, service providers, and nonprofit
organizations.
``(b) Mandatory Grant Uses.--Grant funds awarded under this section
shall be expended for each of the following purposes:
``(1) Immigration consumer fraud information websites.--To
provide for the establishment and operation of an immigration
consumer fraud information and assistance website, which shall
be a highly secure internet website that provides information
and assistance to victims of immigration consumer fraud. In
establishing and operating the immigration consumer fraud and
assistance website, the grantee shall--
``(A) use grant funds for startup and operation
costs associated with establishing and operating the
website;
``(B) use a name or acronym as part of its web
address that identifies the website with the geographic
locality receiving the grant under subsection (a);
``(C) provide accurate information that describes
the services available to immigration consumer fraud
victims, including free or low-cost legal assistance;
``(D) clearly include, in all pages of the website,
that the information presented is for reference
purposes only and does not constitute as legal advice;
and
``(E) must provide translation of website content,
in languages that are consistent with the criteria
outlined in subsection (d)(2)(E)(i), either with a web
page interface, or mirrored pages.
``(2) Immigration consumer fraud hotlines.--To establish or
expand an immigration consumer fraud hotline to provide
information and assistance to victims of immigration consumer
fraud. In addition, grantees may, in operating with the
hotline, work in conjunction with other local programs and
activities that serve victims of immigration consumer fraud. In
establishing and operating the hotline, the entity shall--
``(A) contract with a carrier for the use of a
toll-free telephone line;
``(B) employ, train and supervise personnel to
answer incoming calls and provide assistance and
referral services to callers on a 24-hour-a-day basis;
``(C) assemble and maintain a current database of
information relating to services for victims of
immigration consumer fraud to which callers throughout
the United States may be referred; and
``(D) be prohibited from asking hotline callers
about their citizenship status.
``(c) Rule of Construction.--Nothing in this Act shall require a
grantee receiving funds under this Act to comply with a request
lawfully made by the Department of Homeland Security under section 236
or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)
to comply with a detainer for, or notify about the use of services
provided under this Act by an individual.
``(d) Application.--The Attorney General may approve an application
for a grant under this section only if such application--
``(1) contains such agreements, assurances, and
information, is in such form, and is submitted in such manner,
as the Attorney General shall by rule require;
``(2) in the case of an application for a grant to carry
out activities described in subsection (b)(2), includes a
complete description of the applicant's plan for the operation
of an immigration consumer fraud hotline, including
descriptions of--
``(A) the training program for hotline personnel,
including technology training to ensure that all
persons affiliated with the hotline are able to
effectively operate any technological systems used by
the hotline;
``(B) the hiring criteria for hotline personnel;
``(C) the methods for the creation, maintenance,
and updating of a resource database;
``(D) a plan for publicizing the availability of
the hotline;
``(E) a plan for providing service to non-English
speaking callers that--
``(i) is based on data from the Bureau of
the Census and be consistent with the local
area demographics where the immigration
consumer fraud hotline will operate such plan
and outline which languages are most prevalent
and commonly requested for translation
services; or
``(ii) is based on qualitative and
quantitative observation from community service
providers offering immigration-related
services; and
``(F) a plan for facilitating access to the hotline
by persons with hearing impairments; and
``(3) in the case of an application for a grant to carry
out activities described in subsection (b)(1)--
``(A) include a complete description of the
applicant's plan for the development, operation,
maintenance, and updating of information and resources
of the immigration consumer fraud information and
assistance website;
``(B) include a certification that the applicant
will implement a high level security system to ensure
the confidentiality of the website, taking into
consideration the safety of immigration consumer fraud
victims;
``(C) include an assurance that, after the third
year of the website project, the recipient of the grant
will develop a plan to secure other public or private
funding resources to ensure the continued operation and
maintenance of the website; and
``(D) demonstrate that the applicant has recognized
expertise in the area of immigration consumer fraud and
a record of high quality service to victims of
immigration consumer fraud, including a demonstration
of support from advocacy groups.
``(e) Renewal of Grants.--A grant made under this section may be
renewed, without limitations on the duration of such renewal, to
provide additional funds, if the Attorney General determines that the
funds made available to the recipient were used in a manner required
under an approved application and if the recipient can demonstrate
significant progress in achieving the objectives of the initial
application.
``(f) No Cost Extensions.--Notwithstanding subsection (e), the
Attorney General may extend a grant period, without limitations as to
the duration of such extension, to provide additional time to complete
the objectives of the initial grant award.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $15,000,000 for fiscal year 2024 and
each succeeding fiscal year.
``(2) Websites.--Of the amounts appropriated to carry out
this section, not less than 20 percent shall be used for
purposes of carrying out activities under subsection (b)(1).
``(3) Availability.--Funds authorized to be appropriated
under this section may remain available until expended.
``(h) Prohibition of Data Sharing for Immigration Enforcement
Purposes.--
``(1) In general.--Notwithstanding section 642 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373), an entity receiving a grant under this
section may not disclose or use personally identifiable
information provided by individuals using a website or a
hotline under subsection (b), for the purposes of enforcing the
immigration laws.
``(2) Referrals prohibited.--An entity receiving a grant
under this section may not refer any individual participating
in any program funded under this section to U.S. Immigration
and Customs Enforcement or to U.S. Customs and Border
Protection.
``(3) Personally identifiable information defined.--For
purposes of this section, the term `personally identifiable
information' means any information about an individual
elicited, collected, stored, or maintained by an entity
receiving a grant under this section, including--
``(A) any information that can be used to
distinguish or trace the identity of an individual,
such as a name, residential address, a social security
number, a date and place of birth, or a parent's maiden
name; and
``(B) any other information that is linked or
linkable to an individual, such as medical,
educational, financial, and employment information.
``SEC. 3062. REPORT.
``A State or unit of local government that receives funds under
this part during a fiscal year shall submit to the Attorney General a
description and an evaluation report on a date specified by the
Attorney General regarding the effectiveness of the programs carried
out with a grant under this part.''.
(c) Grants to States and Local Jurisdictions To Promote Outreach
Campaigns Against Immigration Consumer Fraud.--Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.),
as amended by subsection (b), is amended by inserting after part PP the
following:
``PART QQ--GRANTS TO STATES AND LOCAL JURISDICTIONS TO PROMOTE OUTREACH
CAMPAIGNS AGAINST IMMIGRATION CONSUMER FRAUD
``SEC. 3071. GRANTS TO STATES AND LOCAL JURISDICTIONS TO PROMOTE
OUTREACH CAMPAIGNS AGAINST IMMIGRATION CONSUMER FRAUD.
``(a) Grant Authorization.--
``(1) In general.--The Attorney General shall make grants
to States, units of local government, or any combination
thereof, in partnership with stakeholders, service providers,
and nonprofit organizations.
``(2) Purpose.--The purpose of grants distributed under
this subsection is to enable States and localities to work with
parties in paragraph (1) to carry out outreach campaigns in any
of the following:
``(A) Access to legal resources, including free or
low-cost legal resources for persons of low-income.
``(B) Workshops educating the general public on
immigration consumer fraud, including methods to
identify such fraud and best practices on prevention.
``(C) Hiring of casework staff, attorneys,
translators, accredited representatives and other
similar staff to provide support for outreach
objectives.
``(D) Printed materials or digital media designed
with the intent to educate the public on where to
obtain trusted legal resources, and how to prevent
becoming a victim of immigration consumer fraud.
``(E) Public service announcements in television or
radio, providing information on resources and
assistance on preventing immigration consumer fraud.
``(F) Translation services, including translated
equivalents of subparagraphs (A), (B), (C) or (D),
consistent with the grantee's immediate translation
needs based on--
``(i) data from the Bureau of the Census
that is consistent with the local area
demographics where the outreach campaign will
operate, along with a description of the
languages are most prevalent or commonly
requested for translation services; or
``(ii) quantitative or qualitative
observation from community service providers
offering immigration-related services.
``(b) Contents.--In accordance with such requirements as the
Attorney General may by rule establish, each application for a grant
under this section shall--
``(1) include a long-term strategy and detailed
implementation plan that reflects consultation with community
groups and appropriate stakeholders;
``(2) explain the applicant's inability to address the need
without Federal assistance;
``(3) identify related governmental and community
initiatives which compliment or will be coordinated with the
proposal; and
``(4) identify local service providers and nonprofit
organizations that have substantial or significant experience
dealing with immigration-related matters.
``(c) Renewal of Grants.--A grant made under this section may be
renewed, without limitations on the duration of such renewal, to
provide additional funds, if the Attorney General determines that the
funds made available to the recipient were used in a manner required
under an approved application and if the recipient can demonstrate
significant progress in achieving the objectives of the initial
application.
``(d) No Cost Extensions.--Notwithstanding subsection (c), the
Attorney General may extend a grant period, without limitations as to
the duration of such extension, to provide additional time to complete
the objectives of the initial grant award.
``(e) Suspension of Funds.--If the Attorney General determines that
a grant recipient under this section is not in substantial compliance
with the terms and requirements of an approved grant application, the
Attorney General may revoke or suspend funding of that grant, in whole,
or in part.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $10,000,000 for fiscal year 2024 and
each succeeding fiscal year.
``(2) Availability.--Funds authorized to be appropriated
under this section may remain available until expended.
``(g) Prohibition on Data Sharing for Immigration Enforcement
Purposes.--
``(1) In general.--Notwithstanding section 642 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373), an entity receiving a grant under this
section may not disclose or use personally identifiable
information provided by individuals participating in outreach
campaigns specified in subsection (a) for the purposes of
enforcing the immigration laws.
``(2) Referrals prohibited.--An entity receiving a grant
under this section may not refer any individual participating
in any program funded under this section to U.S. Immigration
and Customs Enforcement or to U.S. Customs and Border
Protection.
``(3) Personally identifiable information defined.--For
purposes of this section, the term `personally identifiable
information' means any information about an individual
elicited, collected, stored, or maintained by an entity
receiving a grant under this section, including--
``(A) any information that can be used to
distinguish or trace the identity of an individual,
such as a name, residential address, a social security
number, a date and place of birth, or a parent's maiden
name; and
``(B) any other information that is linked or
linkable to an individual, such as medical,
educational, financial, and employment information
``SEC. 3072. REPORT.
``A State or unit of local government that receives funds under
this part during a fiscal year shall submit to the Attorney General a
description and an evaluation report on a date specified by the
Attorney General regarding the effectiveness of the programs carried
out with a grant under this part.''.
(d) Grants to States and Local Jurisdictions To Increase
Enforcement Against Immigration Consumer Fraud.--Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.),
as amended by subsections (b) and (c), is amended by inserting after
part QQ the following:
``PART RR--GRANTS TO STATES AND LOCAL JURISDICTIONS TO INCREASE
ENFORCEMENT AGAINST IMMIGRATION CONSUMER FRAUD
``SEC. 3081. GRANTS TO STATES AND LOCAL JURISDICTIONS TO INCREASE
ENFORCEMENT AGAINST IMMIGRATION CONSUMER FRAUD.
``(a) Grant Authorization.--
``(1) In general.--The Attorney General shall make grants
to States, units of local government, or any combination
thereof.
``(2) Purpose.--The purpose of grants distributed under
this subsection is to enable States and localities to increase
the enforcement of--
``(A) State and local laws against immigration
consumer fraud; and
``(B) section 1041 of title 18, United States Code.
``(3) Permitted use of funds.--A State or unit of local
government that receives a grant under this section may use
funds from the grant for activities, including--
``(A) hiring staff, such as compliance officers
that are charged with investigating and enforcing
Federal, State, and local laws against immigration
consumer fraud;
``(B) training staff, such as the compliance
officers described in subparagraph (A);
``(C) investigating complaints of immigration
consumer fraud; and
``(D) taking action against violations of Federal,
State, and local laws relating to immigration consumer
fraud, which may include the prosecution of violators.
``(b) Contents.--In accordance with such requirements as the
Attorney General may by rule establish, each application for a grant
under this section shall--
``(1) include a detailed implementation plan that reflects
consultation with community groups and appropriate
stakeholders; and
``(2) explain the inability of the State or unit of local
government to address the need to increase enforcement of
immigration consumer fraud laws without Federal assistance.
``(c) Renewal of Grants.--A grant made under this section may be
renewed, without limitations on the duration of such renewal, to
provide additional funds, if the Attorney General determines that the
funds made available to the recipient were used in a manner required
under an approved application and if the recipient can demonstrate
significant progress in achieving the objectives of the initial
application.
``(d) No Cost Extensions.--Notwithstanding subsection (c), the
Attorney General may extend a grant period, without limitations as to
the duration of such extension, to provide additional time to complete
the objectives of the initial grant award.
``(e) Suspension of Funds.--If the Attorney General determines that
a grant recipient under this section is not in substantial compliance
with the terms and requirements of an approved grant application, the
Attorney General may revoke or suspend funding of that grant, in whole,
or in part.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $10,000,000 for fiscal year 2024 and
each succeeding fiscal year.
``(2) Availability.--Funds authorized to be appropriated
under this section may remain available until expended.
``(g) Prohibition on Data Sharing for Immigration Enforcement
Purposes.--
``(1) In general.--
``(A) Disclosure prohibited.--Notwithstanding
section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373),
an entity receiving a grant under this section may not
disclose or use personally identifiable information
provided by an individual involved with the work funded
under this section for the purposes of enforcing the
immigration laws.
``(B) Exception.--An entity receiving a grant under
this section may disclose or use personally
identifiable information provided by an individual
involved with the work funded under this section if--
``(i) the disclosure or use required in
order to prosecute a case; and
``(ii) the individual explicitly permits
the use or disclosure.
``(2) Referrals prohibited.--An entity receiving a grant
under this section may not refer any individual involved with
work funded under this section to U.S. Immigration and Customs
Enforcement or to U.S. Customs and Border Protection.
``(3) Personally identifiable information defined.--For
purposes of this section, the term `personally identifiable
information' means any information about an individual
elicited, collected, stored, or maintained by an entity
receiving a grant under this section, including--
``(A) any information that can be used to
distinguish or trace the identity of an individual,
such as a name, residential address, a social security
number, a date and place of birth, or a parent's maiden
name; and
``(B) any other information that is linked or
linkable to an individual, such as medical,
educational, financial, and employment information.
``SEC. 3082. REPORT.
``A State or unit of local government that receives funds under
this part during a fiscal year shall submit to the Attorney General a
description and an evaluation report on a date specified by the
Attorney General regarding the effectiveness of the programs carried
out with a grant under this part.''.
SEC. 202. REQUIREMENTS FOR IMMIGRATION CONSULTANTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commission, in consultation with the
Director of the Executive Office for Immigration Review and the
Secretary of Homeland Security, shall promulgate regulations, in
accordance with section 553 of title 5, United States Code, that
require an immigration consultant--
(1) to disclose in all advertising or promotional material
and by displaying a notice at the regular place of business (if
any) of the consultant that the consultant is not an
immigration attorney, cannot provide legal advice or legal
services on immigration matters, and is not authorized to
represent aliens before an immigration court or the Board of
Immigration Appeals or authorized to represent others before
the Department of Homeland Security in connection with an
application for an immigration benefit or an immigration
proceeding;
(2) if the consultant enters into a written contract for
the provision of immigration consulting services--
(A) to ensure that the contract states that--
(i) the consultant is not an immigration
attorney, cannot provide legal advice or legal
services on immigration matters, and is not
authorized to represent aliens before an
immigration court or the Board of Immigration
Appeals or authorized to represent others
before the Department of Homeland Security in
connection with an application for an
immigration benefit or an immigration
proceeding; and
(ii) the client has the right to have the
contract reviewed by an attorney;
(B) to provide the client with a copy of the
contract in English and, if requested by the client, in
one or more other languages;
(C) to inform the client of the right to request a
copy of the contract in languages other than English,
as required by subparagraph (B); and
(D) to ensure that the contract provides the client
with the right to rescind the contract at any time
during the 72-hour period after entering into the
contract;
(3) not to collect fees for immigration consulting services
before having rendered the services for which the fees are
charged;
(4) to return to the client any original document obtained
from the client (unless the original document must be provided
to a Federal or State agency or another person and has been so
provided) and to furnish to the client for no additional charge
a copy of any document prepared or obtained by the consultant
for the client or otherwise used in connection with immigration
consulting services for the client (other than notes or other
documents prepared by the consultant for internal use in order
to provide such services); and
(5) to retain for not less than 3 years after ceasing to
provide immigration consulting services for a client a copy of
any document required by paragraph (4) to be returned or
furnished to the client.
(b) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Immigration consultant.--The term ``immigration
consultant'' means a person engaged in the provision of
immigration consulting services, except that such term does not
include a person who is--
(A) authorized to represent aliens before an
immigration court or the Board of Immigration Appeals;
or
(B) authorized to represent others in connection
with an application or proceeding described in
paragraph (3)(A) before the Department of Homeland
Security in accordance with regulations promulgated by
the Secretary of Homeland Security.
(3) Immigration consulting services.--
(A) In general.--The term ``immigration consulting
services'' means assistance, advice, or services
provided to an individual in connection with--
(i) application (or consideration of
application) by such individual for an
immigration benefit; or
(ii) an immigration proceeding involving
such individual before or with the Department
of Homeland Security or the Executive Office
for Immigration Review.
(B) Inclusions.--Such term includes the following:
(i) Assistance with procuring supporting
documentation requested by such an agency, such
as a birth certificate or marriage license.
(ii) Referring a client to an attorney for
legal representation.
(iii) Assistance with complying with
requirements relating to biometric services.
(C) Exclusions.--Such term does not include the
following:
(i) Completing a form of a Federal or State
agency or submitting such form to such agency.
(ii) Translating the responses of a client
to the information requested on such a form or
in other communications with such an agency.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian tribe.
(c) Applicability and Enforcement of Regulations.--
(1) General application.--The requirements of the
regulations promulgated under subsection (a) apply, according
to their terms, to those persons, partnerships, and
corporations over which the Commission has authority pursuant
to section 5(a)(2) of the Federal Trade Commission Act (15
U.S.C. 45(a)(2)).
(2) Enforcement by federal trade commission.--
(A) Unfair or deceptive acts or practices.--A
violation of a regulation promulgated under subsection
(a) shall be treated as a violation of a regulation
under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding
unfair or deceptive acts or practices.
(B) Powers of commission.--The Commission shall
enforce the regulations promulgated under subsection
(a) in the same manner, by the same means, and with the
same jurisdiction, powers, and duties provided in the
Federal Trade Commission Act (15 U.S.C. 41 et seq.),
and any person who violates such a regulation shall be
subject to the penalties and entitled to the privileges
and immunities provided in such Act.
(3) Actions by states.--
(A) In general.--In any case in which the attorney
general of a State, or an official or agency of a
State, has reason to believe that an interest of the
residents of such State has been or is threatened or
adversely affected by an act or practice in violation
of a regulation promulgated under subsection (a), the
State, as parens patriae, may bring a civil action on
behalf of the residents of the State in an appropriate
State court or an appropriate district court of the
United States--
(i) to enjoin such act or practice;
(ii) to enforce compliance with such
regulation;
(iii) to obtain on behalf of residents of
the State--
(I) damages for actual monetary
loss from the violation, or up to
$10,000 in damages for each such
violation, whichever is greater;
(II) restitution; or
(III) other compensation; or
(iv) to obtain such other legal and
equitable relief as the court may consider to
be appropriate.
(B) Notice.--Before filing an action under this
subsection, the attorney general, official, or agency
of the State involved shall provide to the Commission a
written notice of such action and a copy of the
complaint for such action. If the attorney general,
official, or agency determines that it is not feasible
to provide the notice described in this paragraph
before the filing of the action, the attorney general,
official, or agency shall provide written notice of the
action and a copy of the complaint to the Commission
immediately upon the filing of the action.
(C) Authority of federal trade commission.--
(i) In general.--On receiving notice under
subparagraph (B) of an action under this
subsection, the Commission shall have the
right--
(I) to intervene in the action;
(II) upon so intervening, to be
heard on all matters arising therein;
and
(III) to file petitions for appeal.
(ii) Limitation on state action while
federal action is pending.--If the Commission
or the Attorney General of the United States
has instituted a civil action for violation of
a regulation promulgated under subsection (a)
(referred to in this subparagraph as the
``Federal action''), no State attorney general,
official, or agency may bring an action under
this subsection during the pendency of the
Federal action against any defendant named in
the complaint in the Federal action for any
violation of such regulation alleged in such
complaint.
(D) Rule of construction.--For purposes of bringing
a civil action under this paragraph, nothing in this
Act shall be construed to prevent an attorney general,
official, or agency of a State from exercising the
powers conferred on the attorney general, official, or
agency by the laws of such State to conduct
investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
(4) Private right of action.--
(A) In general.--A person injured by an act or
practice in violation of a regulation promulgated under
subsection (a) may bring in an appropriate State court
or an appropriate district court of the United States--
(i) an action to enjoin the violation;
(ii) an action to recover damages for
actual monetary loss from the violation, or to
receive up to $10,000 in damages for each such
violation, whichever is greater; or
(iii) both such actions.
(B) Willful or knowing violations.--If the court
finds that the defendant acted willfully or knowingly
in committing a violation described in subparagraph
(A), the court may, in its discretion, increase the
amount of the award to an amount equal to not more than
3 times the amount available under subparagraph
(A)(ii).
(C) Costs and attorney's fees.--The court shall
award to a prevailing plaintiff in an action under this
subsection the costs of such action and reasonable
attorney's fees, as determined by the court.
(D) Nonexclusive remedy.--The remedy provided by
this subsection shall be in addition to any other
remedies available to the person.
SEC. 203. FEE AND BACKLOG TRANSPARENCY.
Section 286(m) of the Immigration and Nationality Act (8 U.S.C.
1356(m)) is amended to read as follows:
``(m) Immigration Service Fees.--
``(1) In general.--Except as provided in paragraph (2), all
fees designated by the Secretary of Homeland Security in
regulations as `immigration adjudication fees' shall be
deposited as offsetting receipts into the `Immigration
Examinations Fee Account' in the Treasury of the United States,
whether such fees are collected directly by the Secretary or
through clerks of courts.
``(2) Virgin islands and guam.--
``(A) Guam.--All fees described in paragraph (1)
that are received by the Secretary of Homeland Security
from applicants residing in Guam shall be remitted to
the Department of Revenue and Taxation of Guam.
``(B) Virgin islands.--All fees described in
paragraph (1) that are received by the Secretary of
Homeland Security from applicants residing in the
United States Virgin Islands shall be remitted to the
Treasury Division of the United States Virgin Islands.
``(3) Report requirement before fee increase.--The
Secretary of Homeland Security may not increase any immigration
service fee above the level of such fee as of January 1, 2019,
before the date that is 60 days after the date on which the
Secretary submits to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report that--
``(A) identifies the direct and indirect costs
associated with providing adjudication and
naturalization services;
``(B) distinguishes the costs referred to in
subparagraph (A) from immigration enforcement and
national security costs;
``(C) identifies the costs allocated for premium
processing services to business customers, as
prescribed under subsection (u);
``(D) describes the extent to which the fee
prescribed in subsection (u) is set at a level that
ensures full recovery of the costs referred to in
subparagraph (C);
``(E) identifies the amount of funding that is
being allocated for the infrastructure improvements in
the adjudication and customer-service processes
prescribed under subsection (u); and
``(F) contains information regarding the amount by
which such fee will be increased.
``(4) Adjudications delay and backlog report.--Not less
frequently than quarterly, the Secretary of Homeland Security
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report that identifies each instance in
which--
``(A) the processing time of more than 10 percent
of adjudications in any single category of immigration
benefits surpasses the agency's stated processing goal
as of January 1, 2019;
``(B) the processing time of more than 5 percent of
applications for lawful permanent residence surpasses
150 days; and
``(C) the processing time of more than 5 percent of
applications for naturalization surpasses 150 days.''.
SEC. 204. NATIONAL OFFICE FOR NEW AMERICANS.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Office of New Americans.
(2) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(3) Office.--The term ``Office'' means the National Office
for New Americans established under subsection (b).
(b) Establishment.--There is established within the Executive
Office of the President an office, to be known as the ``National Office
of New Americans'', to carry out the purposes described in subsection
(c).
(c) Purposes.--The purposes of the Office are--
(1) to welcome and support immigrants and refugees in the
United States;
(2) to promote and support immigrant and refugee
integration into, and inclusion in, the social, economic, and
civic life of the United States;
(3) to ensure that the Federal Government and Federal
agencies promote the pursuit of United States citizenship among
immigrants and refugees;
(4) to ensure access to quality English language learning
programs that support the successful integration of immigrant
adults, including by enhancing--
(A) employment and career prospects and economic
integration; and
(B) social integration in local communities and
participation in civic life, including engagement with
State and local governments, schools, and private and
nonprofit community institutions;
(5) to provide equal access to workforce development
programs, including by ensuring that such programs meet the
demand and unique language, training, and educational needs of
immigrants and refugees;
(6) to coordinate the efforts of Federal, State, and local
entities to support the effective social, economic, linguistic,
and civic integration of immigrants, refugees, and their
children;
(7) to provide advice and leadership to the President,
Members of Congress, and other Federal Government officials on
the challenges and opportunities facing such entities with
respect to immigrant and refugee integration;
(8) to evaluate the scale, quality, and effectiveness of
Federal Government efforts with respect to immigrant and
refugee social and economic integration, including access to
United States citizenship, English language learning,
education, and workforce development programs;
(9) to identify the anticipated effects of new Federal
policies on existing integration efforts and advise the
President on how to address potential integration needs and the
effects of such policies;
(10) with respect to immigrant and refugee integration
efforts, to consult on a biannual basis with State and local
government officials on challenges and opportunities presented
by such efforts;
(11) with respect to the activities described in paragraphs
(8) through (10), to ensure the inclusion of the perspectives
of immigrants and refugees; and
(12) to submit to the President and the appropriate
committees of Congress a biannual report that describes the
activities of the Office and the results of the consultation
process described in paragraphs (8) through (11).
(d) Director.--
(1) In general.--The Office shall be headed by a Director
of the National Office of New Americans, who shall be appointed
by the President, by and with the advice and consent of the
Senate.
(2) Responsibilities.--The Director shall--
(A) establish policies, objectives, and priorities
for the Office with respect to immigrant and refugee
integration;
(B) with the assistance of the Deputy Director for
Citizenship and Inclusion, the Deputy Director for
Workforce and Economy, the Deputy Director for
Children's Integration Success, and the Associate
Director of State and Local Affairs, carry out the
purposes of the Office, as described in subsection (c);
(C) make recommendations to the President on
changes in the organization, management, programs, and
budget of each Federal agency to promote the
integration of immigrants and refugees;
(D) with respect to efforts to promote United
States citizenship and the integration of immigrants
and refugees, consult, support, and coordinate with
State and local government efforts; and
(E) serve as a member of the Domestic Policy
Council and the National Economic Council.
(3) Powers of the director.--In carrying out the
responsibilities under paragraph (2) and the purposes described
in subsection (c), the Director may--
(A) select, appoint, employ, and fix compensation
of such officers and employees as may be necessary to
carry out such responsibilities and purposes;
(B) with the concurrence of the head of the
applicable Federal agency, direct the temporary
reassignment within the Federal Government of personnel
employed by such Federal agency;
(C) use for administrative purposes, on a
reimbursable basis, the available service, equipment,
personnel, and facilities of Federal, State, and local
agencies;
(D) procure the services of experts and consultants
in accordance with section 3109 of title 5, United
States Code (relating to appointments in the Federal
service) at rates of compensation for individuals not
to exceed the daily equivalent of the rate of pay
payable for level GS-18 of the General Schedule under
section 5332 of title 5, United States Code;
(E) accept and use donations of property from
Federal, State, and local government agencies;
(F) use the mail in the same manner as other
Federal agencies; and
(G) monitor the implementation of immigrant and
refugee integration-related activities of the Federal
Government, including by--
(i) conducting program and performance
audits and evaluations of each Federal agency;
and
(ii) requesting assistance from the
Inspector General of the applicable Federal
agencies in such audits and evaluations.
(e) Deputy Directors.--
(1) In general.--There shall be in the Office a Deputy
Director for Citizenship and Inclusion, a Deputy Director for
Workforce and Economy, and a Deputy Director for Children's
Integration and Success, each of whom shall be appointed by the
President, in consultation with the Director.
(2) Responsibilities.--
(A) Deputy director for citizenship and
inclusion.--The Deputy Director for Citizenship and
Inclusion shall, among other duties as assigned by the
Director, assist the Director in promoting--
(i) the inclusion of immigrants and
refugees in the social, economic, and civic
life of their communities and the United
States; and
(ii) access to United States citizenship.
(B) Deputy director for workforce and economy.--The
Deputy Director for Workforce and Economy shall, among
other duties as assigned by the Director, assist the
Director in--
(i) promoting the participation of
immigrants and refugees in the United States
workforce; and
(ii) increasing the contributions of
immigrants and refugees to the United States
economy.
(C) Deputy director for children's integration
success.--The Deputy Director for Children's
Integration Success shall, among other duties as
assigned by the Director, assist the Director in
ensuring that Federal policies and programs intended to
support the healthy development and educational success
of children are effective in reaching and serving the
children of immigrant families.
(f) Bureau of State and Local Affairs.--
(1) In general.--There is established within the Office a
Bureau of State and Local Affairs.
(2) Associate director.--
(A) In general.--The Bureau of State and Local
Affairs shall be headed by an Associate Director of
State and Local Affairs, who shall be appointed by the
President, in consultation with the Director.
(B) Duties.--The Associate Director of State and
Local Affairs shall, among other duties as assigned by
the Director, assist the Director in coordinating the
efforts of State and local entities to support the
economic, linguistic, and civic integration of
immigrants, refugees, and their children.
(g) Access by Congress.--The establishment of the Office within the
Executive Office of the President shall not affect access by any Member
of Congress or any member of a committee of the Senate or the House of
Representatives to--
(1) the Office;
(2) any information, document, or study in the possession
of, or conducted by or at the direction of, the Director; or
(3) personnel of the Office.
(h) Limitation.--An individual may not serve as Director, Deputy
Director for Citizenship and Inclusion, Deputy Director for Workforce
and the Economy, Deputy Director for Children's Integration Success, or
Associate Director of State and Local Affairs while serving in any
other position in the Federal Government.
TITLE III--BUILDING COMMUNITY TRUST
SEC. 301. PROTECTING ALIENS WHO ARE VICTIMS OF OR WITNESSES TO CRIMES
OR ARE DEFENDING CIVIL RIGHTS.
(a) In General.--The Director of U.S. Immigration and Customs
Enforcement shall ensure, except as provided in subsection (b), that
removal proceedings are not initiated against any alien who is known to
be--
(1) a victim of domestic violence, human trafficking, or
any other serious crime;
(2) a witness involved in a pending criminal investigation
or prosecution;
(3) a plaintiff in a nonfrivolous lawsuit regarding
violations of his or her civil rights, including with respect
to union organizing and employment discrimination, as described
in the memorandum of the U.S. Immigration and Customs
Enforcement entitled ``Prosecutorial Discretion: Certain
Victims, Witnesses, and Plaintiffs'' issued on June 17, 2011;
or
(4) actively engaged in an activity related to the
preservation of his or her employment, housing, or other
legally protected rights.
(b) Exceptions.--
(1) In general.--Notwithstanding subsection (a), an alien
described in such subsection may be subject to removal
proceedings if the Secretary of Homeland Security determines,
on a case-by-case basis, that there is sufficient evidence to
conclude that the alien--
(A) has committed a serious crime;
(B) poses a threat to public safety;
(C) has engaged in serious violations of human
rights;
(D) has engaged in significant immigration fraud;
or
(E) has filed a claim in bad faith with intent to
delay or avoid the removal of an alien.
(2) Savings provision.--Nothing in this subsection may be
construed to deny any alien who has been a victim of domestic
violence, human trafficking, or certain other crimes from
receiving the immigration benefits to which he or she is
entitled under the Violence Against Women Act of 1994 (title IV
of Public Law 103-322), the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7101 et seq.), or any other applicable law.
(c) Effect of Violation.--With respect to a removal proceeding
commenced as a result of an enforcement action carried out in violation
of subsection (a)--
(1) information resulting from such enforcement action may
not be entered into the record of proceeding or received into
evidence;
(2) the alien who is the subject of the removal proceeding
may file a motion for the immediate termination of the removal
proceeding; and
(3) in considering whether to administratively close the
removal proceeding, the immigration judge shall give
appropriate weight to the circumstances of such enforcement
action.
SEC. 302. SEMIANNUAL REPORT ON CERTAIN ENFORCEMENT ACTIONS.
The Secretary of Homeland Security shall submit a semiannual report
to the Committee on the Judiciary of the Senate, the Committee on
Appropriations of the Senate, the Committee on the Judiciary of the
House of Representatives, and the Committee on Appropriations of the
House of Representatives that identifies, for the most recent 180-day
period for which such data is available, the number of arrests,
detentions, and removals of aliens described in section 301(a).
SEC. 303. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to modify--
(1) the applicability of any ground of inadmissibility or
deportability relating to criminal convictions; or
(2) the eligibility criteria relating to criminal
convictions for any application or form of relief under the
immigration laws.
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