The New Immigration Law ! (Bare text)


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Here’s an overview:

S.1348

Comprehensive Immigration Reform Act of 2007 (Placed on Calendar in Senate)


SEC. 626. RETROACTIVE BENEFITS.

    If, on the date of enactment of this Act, an alien has satisfied all the requirements of subparagraphs (A) through (E) of section 624(a)(1) and section 625(d)(1)(D), the Secretary may adjust the status of the alien to that of a conditional resident in accordance with section 624. The alien may petition for removal of such condition at the end of the conditional residence period in accordance with section 625(c) if the alien has met the requirements of subparagraphs (A), (B), and (C) of section 625(d)(1) during the entire period of conditional residence.

SEC. 627. EXCLUSIVE JURISDICTION.

    (a) In General- The Secretary shall have exclusive jurisdiction to determine eligibility for relief under this subtitle, except where the alien has been placed into deportation, exclusion, or removal proceedings either prior to or after filing an application for relief under this subtitle, in which case the Attorney General shall have exclusive jurisdiction and shall assume all the powers and duties of the Secretary until proceedings are terminated, or if a final order of deportation, exclusion, or removal is entered the Secretary shall resume all powers and duties delegated to the Secretary under this subtitle.
    (b) Stay of Removal of Certain Aliens Enrolled in Primary or Secondary School- The Attorney General shall stay the removal proceedings of any alien who–
    • (1) meets all the requirements of subparagraphs (A), (B), (C), and (E) of section 624(a)(1);
    • (2) is at least 12 years of age; and
    • (3) is enrolled full time in a primary or secondary school.
    (c) Employment- An alien whose removal is stayed pursuant to subsection (b) may be engaged in employment in the United States, consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.), and State and local laws governing minimum age for employment.
    (d) Lift of Stay- The Attorney General shall lift the stay granted pursuant to subsection (b) if the alien–
    • (1) is no longer enrolled in a primary or secondary school; or
    • (2) ceases to meet the requirements of subsection (b)(1).

SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

    Whoever files an application for relief under this subtitle and willfully and knowingly falsifies, misrepresents, or conceals a material fact or makes any false or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any false or fraudulent statement or entry, shall be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both.

SEC. 629. CONFIDENTIALITY OF INFORMATION.

    (a) Prohibition- No officer or employee of the United States may–
    • (1) use the information furnished by the applicant pursuant to an application filed under this subtitle to initiate removal proceedings against any persons identified in the application;
    • (2) make any publication whereby the information furnished by any particular individual pursuant to an application under this subtitle can be identified; or
    • (3) permit anyone other than an officer or employee of the United States Government or, in the case of applications filed under this subtitle with a designated entity, that designated entity, to examine applications filed under this subtitle.
    (b) Required Disclosure- The Attorney General or the Secretary shall provide the information furnished under this section, and any other information derived from such furnished information, to–
    • (1) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), when such information is requested in writing by such entity; or
    • (2) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).
    (c) Penalty- Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.

SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

    Regulations promulgated under this subtitle shall provide that applications under this subtitle will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.

SEC. 631. HIGHER EDUCATION ASSISTANCE.

    Notwithstanding any provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an alien who adjusts status to that of a lawful permanent resident under this subtitle shall be eligible only for the following assistance under such title IV:
    • (1) Student loans under parts B, D, and E of such title IV (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.), subject to the requirements of such parts.
    • (2) Federal work-study programs under part C of such title IV (42 U.S.C. 2751 et seq.), subject to the requirements of such part.
    • (3) Services under such title IV (20 U.S.C. 1070 et seq.), subject to the requirements for such services.

SEC. 632. GAO REPORT.

    Seven years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, which sets forth–
    • (1) the number of aliens who were eligible for cancellation of removal and adjustment of status under section 624(a);
    • (2) the number of aliens who applied for adjustment of status under section 624(a);
    • (3) the number of aliens who were granted adjustment of status under section 624(a); and
    • (4) the number of aliens whose conditional permanent resident status was removed under section 625.

Subtitle D–Programs To Assist Nonimmigrant Workers

SEC. 641. INELIGIBILITY AND REMOVAL BEFORE APPLICATION PERIOD.

    (a) Limitations on Ineligibility-
    • (1) IN GENERAL- An alien is not ineligible for any immigration benefit under any provision of this title, or any amendment made by this title, solely on the basis that the alien violated section 1543, 1544, or 1546 of chapter 75 of title 18, United States Code, during the period beginning on the date of the enactment of this Act and ending on the date that the Department of Homeland Security begins accepting applications for benefits under title VI.
    • (2) PROSECUTION- An alien who commits a violation of such section 1543, 1544, or 1546 during the period beginning on the date the enactment of this Act and ending on the date that the alien applies for eligibility for such benefit may be prosecuted for the violation if the alien’s application for such benefit is denied.
    (b) Limitation on Removal- If an alien who is apprehended prior to the beginning of the applicable application period described in a provision of this title, or an amendment made by this title, is able to establish prima facie eligibility for an adjustment of status under such a provision, the alien may not be removed from the United States for any reason until the date that is 180 days after the first day of such applicable application period unless the alien has engaged in criminal conduct or is a threat to the national security of the United States.

SEC. 642. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY TRAINING.

    (a) Grants Authorized- The Assistant Attorney General, Office of Justice Programs, may award grants to qualified non-profit community organizations to educate, train, and support non-profit agencies, immigrant communities, and other interested entities regarding the provisions of this Act and the amendments made by this Act.
    (b) Use of Funds-
    • (1) IN GENERAL- Grants awarded under this section shall be used–
      • (A) for public education, training, technical assistance, government liaison, and all related costs (including personnel and equipment) incurred by the grantee in providing services related to this Act; and
      • (B) to educate, train, and support nonprofit organizations, immigrant communities, and other interested parties regarding this Act and the amendments made by this Act and on matters related to its implementation.
    • (2) EDUCATION- In addition to the purposes described in paragraph (1), grants awarded under this section shall be used to–
      • (A) educate immigrant communities and other interested entities regarding–
        • (i) the individuals and organizations that can provide authorized legal representation in immigration matters under regulations prescribed by the Secretary; and
        • (ii) the dangers of securing legal advice and assistance from those who are not authorized to provide legal representation in immigration matters;
      • (B) educate interested entities regarding the requirements for obtaining nonprofit recognition and accreditation to represent immigrants under regulations prescribed by the Secretary;
      • (C) provide nonprofit agencies with training and technical assistance on the recognition and accreditation process; and
      • (D) educate nonprofit community organizations, immigrant communities, and other interested entities regarding–
        • (i) the process for obtaining benefits under this Act or under an amendment made by this Act; and
        • (ii) the availability of authorized legal representation for low-income persons who may qualify for benefits under this Act or under an amendment made by this Act.
    (c) Diversity- The Assistant Attorney General shall ensure, to the extent possible, that the nonprofit community organizations receiving grants under this section serve geographically diverse locations and ethnically diverse populations who may qualify for benefits under the Act.
    (d) Authorization of Appropriations- There are authorized to be appropriated to the Office of Justice Programs of the Department of Justice such sums as may be necessary for each of the fiscal years 2008 through 2010 to carry out this section.

SEC. 643. STRENGTHENING AMERICAN CITIZENSHIP.

    (a) Short Title- This section may be cited as the `Strengthening American Citizenship Act of 2007′.
    (b) Definition- In this section, the term `Oath of Allegiance’ means the binding oath (or affirmation) of allegiance required to be naturalized as a citizen of the United States, as prescribed in section 337(e) of the Immigration and Nationality Act, as added by subsection (h)(1)(B).
    (c) English Fluency-
    • (1) EDUCATION GRANTS-
      • (A) ESTABLISHMENT- The Chief of the Office of Citizenship of the Department (referred to in this paragraph as the `Chief’) shall establish a grant program to provide grants in an amount not to exceed $500 to assist legal residents of the United States who declare an intent to apply for citizenship in the United States to meet the requirements under section 312 of the Immigration and Nationality Act (8 U.S.C. 1423).
      • (B) USE OF FUNDS- Grant funds awarded under this paragraph shall be paid directly to an accredited institution of higher education or other qualified educational institution (as determined by the Chief) for tuition, fees, books, and other educational resources required by a course on the English language in which the legal resident is enrolled.
      • (C) APPLICATION- A legal resident desiring a grant under this paragraph shall submit an application to the Chief at such time, in such manner, and accompanied by such information as the Chief may reasonably require.
      • (D) PRIORITY- If insufficient funds are available to award grants to all qualified applicants, the Chief shall give priority based on the financial need of the applicants.
      • (E) NOTICE- The Secretary, upon relevant registration of a legal resident with the Department, shall notify such legal resident of the availability of grants under this paragraph for legal residents who declare an intent to apply for United States citizenship.
      • (F) DEFINITION- For purposes of this subsection, the term `legal resident’ means a lawful permanent resident or a lawfully admitted alien who, in order to adjust status to that of a lawful permanent resident must demonstrate a knowledge of the English language or satisfactory pursuit of a course of study to acquire such knowledge of the English language.
    • (2) FASTER CITIZENSHIP FOR ENGLISH FLUENCY- Section 316 (8 U.S.C. 1427) is amended by adding at the end the following:
    `(g) A lawful permanent resident of the United States who demonstrates English fluency, in accordance with regulations prescribed by the Secretary of Homeland Security, in consultation with the Secretary of State, will satisfy the residency requirement under subsection (a) upon the completion of 4 years of continuous legal residency in the United States.’.
    • (3) SAVINGS PROVISION- Nothing in this subsection shall be construed to–
      • (A) modify the English language requirements for naturalization under section 312(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(1)); or
      • (B) influence the naturalization test redesign process of the Office of Citizenship (except for the requirement under subsection (h)(2)).
    (d) American Citizenship Grant Program-
    • (1) IN GENERAL- The Secretary shall establish a competitive grant program to provide financial assistance for–
      • (A) efforts by entities (including veterans and patriotic organizations) certified by the Office of Citizenship to promote the patriotic integration of prospective citizens into the American way of life by providing civics, history, and English as a second language courses, with a specific emphasis on attachment to principles of the Constitution of the United States, the heroes of American history (including military heroes), and the meaning of the Oath of Allegiance; and
      • (B) other activities approved by the Secretary to promote the patriotic integration of prospective citizens and the implementation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including grants–
        • (i) to promote an understanding of the form of government and history of the United States; and
        • (ii) to promote an attachment to the principles of the Constitution of the United States and the well being and happiness of the people of the United States.
    • (2) ACCEPTANCE OF GIFTS- The Secretary may accept and use gifts from the United States Citizenship Foundation, if the foundation is established under subsection (e), for grants under this subsection.
    • (3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
    (e) Funding for the Office of Citizenship-
    • (1) AUTHORIZATION- The Secretary, acting through the Director of the Bureau of Citizenship and Immigration Services, is authorized to establish the United States Citizenship Foundation (referred to in this subsection as the `Foundation’), an organization duly incorporated in the District of Columbia, exclusively for charitable and educational purposes to support the functions of the Office of Citizenship.
    • (2) DEDICATED FUNDING-
      • (A) IN GENERAL- Not less than 1.5 percent of the funds made available to the Bureau of Citizenship and Immigration Services from fees shall be dedicated to the functions of the Office of Citizenship, which shall include the patriotic integration of prospective citizens into–
        • (i) American common values and traditions, including an understanding of American history and the principles of the Constitution of the United States; and
        • (ii) civic traditions of the United States, including the Pledge of Allegiance, respect for the flag of the United States, and voting in public elections.
      • (B) SENSE OF CONGRESS- It is the sense of Congress that dedicating increased funds to the Office of Citizenship should not result in an increase in fees charged by the Bureau of Citizenship and Immigration Services.
    • (3) GIFTS-
      • (A) TO FOUNDATION- The Foundation may solicit, accept, and make gifts of money and other property in accordance with section 501(c)(3) of the Internal Revenue Code of 1986.
      • (B) FROM FOUNDATION- The Office of Citizenship may accept gifts from the Foundation to support the functions of the Office.
    • (4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out the mission of the Office of Citizenship, including the functions described in paragraph (2)(A).
    (f) Restriction on Use of Funds- No funds appropriated to carry out a program under this subsection (d) or (e) may be used to organize individuals for the purpose of political activism or advocacy.
    (g) Reporting Requirement-
    • (1) IN GENERAL- The Chief of the Office of Citizenship shall submit an annual report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on the Judiciary of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on the Judiciary of the House of Representatives.
    • (2) CONTENTS- The report submitted under paragraph (1) shall include–
      • (A) a list of the entities that have received funds from the Office of Citizenship during the reporting period under this section and the amount of funding received by each such entity;
      • (B) an evaluation of the extent to which grants received under this section successfully promoted an understanding of–
        • (i) the English language; and
        • (ii) American history and government, including the heroes of American history, the meaning of the Oath of Allegiance, and an attachment to the principles of the Constitution of the United States; and
      • (C) information about the number of legal residents who were able to achieve the knowledge described under paragraph (2) as a result of the grants provided under this section.
    (h) Oath or Affirmation of Renunciation and Allegiance-

(1) REVISION OF OATH- Section 337 (8 U.S.C.

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