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HR 63 Responsible Immigration and Secure Enforcement Act
Topic Started: 13 Jun 2013, 04:08 PM (344 Views)
Heather Holson
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48 hours for debate

Quote:
 
Mr. CALLAGHAN of Massachusetts, Ms. HOLSON of Iowa, and Mr. LUKE of Utah, Ms. Kilinger, Mr. Kensington, and Mr. Beamer in THE HOUSE and Mr. BRENNINGER of New Mexico and Ms. MARTINEZ of Florida in THE SENATE and on behalf of THE PRESIDENT OF THE UNITED STATES, submits.

A BILL

To address our immigration problems by streamlining the process, allowing for citizenship, making the process simpler and for other purposes.

Be it enacted by the United States Senate and The United States House of Representatives, in Congress assembled,

SECTION 1, SHORT TITLE AND TABLE OF CONTENTS

a) Short Title - This Act may be cited as the ‘Responsible Immigration and Secure Enforcement Act’ or, the ‘RISE Act’

b) Table of Contents - The Table of Contents of this Act is as follows.

Sec. 1 - Short Title and Table of Contents
Sec. 2 - Southern Border Security Commission
Sec. 3 - Border Security Requirement
Sec. 4 - Pathway to Citizenship
Sec. 5 - Monitoring Requirement


SECTION 2, SOUTHERN BORDER SECURITY COMMISSION

a) ESTABLISHMENT -- Upon passage of this bill, a commission shall be formed to investigate and declare the border secure. Referred to in this section as the ‘Commission’. The Commission shall be tasked with making a report 4 years after creation.

b) COMPOSITION -- The Commission shall consist of the following members;

i) 2 members shall be appointed by the President of the United States

ii) 2 members shall be appointed by the President Pro Tempore of The United States Senate

iii) 2 members shall be appointed by the Speaker of The House of The United States House of Representatives.

iv) 1 member shall be appointed by the Governor of each of the following states: New Mexico, Arizona, Texas, and California


c) QUALIFICATION FOR APPOINTMENT -- Appointed members of the Commission shall be distinguished individuals noted for their knowledge and experience of border security at the Federal, State or local levels.


d) TIME OF APPOINTMENTS -- The appointments required by Section 2, subsection B shall not be made later than 90 days after the passage of this act.


e) REPORT -- No later than 180 days after the 4 years described in Section 2. subsection A, the Commission shall submit a report to The President, The Secretary of State and Congress on the current situation on the border, including their opinion on whether or not the border can be deemed ‘secure’.


SECTION 3, BORDER SECURITY REQUIREMENT

a) THE SAVE ACT -- Border security shall be addressed by the ‘SAVE Act’

b) MISC. -- The below portions of this bill, concerning the Pathway to Citizenship shall begin once the border is deemed secure by the Commission and this security shall be addressed by the Save Act.


SECTION 4. PATHWAY TO CITIZENSHIP

SUBSEC. A. BACKGROUND CHECKS

a) REQUIREMENT FOR BACKGROUND CHECKS -- The Secretary of State shall utilize biometric, biographic, and other data the Secretary deems appropriate

i) To conduct Security and law enforcement background checks of an alien applying for lawful permanent residency

ii) To determine whether there is any national security, criminal or other factor that would render the alien ineligible for such action.

iii) To ensure that those who fail a law enforcement background check, for any reason other than illegal alien status, are appropriated in accordance with federal law.

b) COMPLETION OF BACKGROUND CHECKS -- The Secretary may not adjust an alien’s status to status of lawful permanent resident until the security and law enforcement background checks have been completed.


SUBSEC. B. PAYMENT OF TAXES AND FINES

a) IN GENERAL -- An alien may not file for lawful permanent resident unless the applicant has satisfied applicable Federal Tax liability.

b) DEFINITION OF FEDERAL TAX LIABILITY -- In this subsection the term ‘applicable Federal Tax liability’ means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986.

c) DEMONSTRATION OF COMPLIANCE -- An applicant may demonstrate compliance with this subsection by submitting the appropriate documents, in accordance with the regulations provided by the Secretary, in consultation with the Secretary of The Treasury.

d) APPLICATION FORM -- The application form shall require information determined as necessary and appropriate by the Secretary of The Treasury.

e) FINES -- An alien shall pay a $2,000 fine before being allowed to obtain lawful residency.


SUBSEC. C. ENGLISH REQUIREMENT

a) IN GENERAL -- An alien 16 years or older shall establish that he or she --

i) Speaks English fluently by taking a Test of English as a Foreign Language, or an equivalent score based test.

b) EXAMINATION OF TEST SCORES -- The Secretary of the Education shall be responsible for examining test scores.

i) The Secretary of Education shall examine all test scores.

ii) An Alien may not obtain lawful residency unless they pass the Test of English as a Foreign Language, specified in subsection c, paragraph a.

c) INTERVIEWS -- The Secretary may interview applicants for the purpose of adjusting the status of an alien.


SUBSEC. D. BACK OF THE LINE REQUIREMENT

a) BACK OF THE LINE -- The status of an alien may not be adjusted to that of lawful resident until after the Secretary of State certifies that immigrant visas have become available for all aliens.
i) Lawful Immigrants shall take precedence over an alien when trying to obtain a citizenship

ii) Aliens must wait 8 and a half years before being eligible to obtain their lawful residency.

b) EXEMPTIONS -- Those aliens who qualify for citizenship under the provisions of the DREAM Act of 2011 (passed by both Chambers and signed by President Obama), but are too old to qualify within the age limits laid out, shall be eligible to obtain their citizenship quicker.


SUBSEC. E FEDERAL BENEFITS

a) INELIGIBILITY FOR PUBLIC BENEFITS -- An alien who is waiting to obtain their lawful residency shall not be eligible for any Federal means-tested public benefits

b) TIME -- An alien shall not be eligible for these Federal means-tested public benefits until they obtain their lawful residency.


SUBSEC. F. FINANCIAL INDEPENDENCE

a) IN GENERAL -- An alien may not obtain citizenship unless they are deemed as “financially independent”

b) FINANCIAL INDEPENDENCE -- This shall have no set criteria and every alien trying to obtain their lawful residency must be evaluated for financial independence. The criteria shall include the following.

i) Income

ii) Debt

iii) House, Car, or other payments

iv) Number of family members

c) COMPLETION -- Upon evaluation and deemed financial independence an alien may obtain his or her lawful residency.


SECTION 5. MONITORING REQUIREMENT

a) ELECTRONIC MONITORING SYSTEM -- The Secretary of Homeland Security, through the Director of U.S Citizenship and Immigration Services, shall establish an electronic monitoring system, which shall --

i) be modeled on the Student and Exchange Visitor Information System (SEVIS) and SEVIS II tracking system which are administered by the U.S Immigration and Customs Enforcement.

ii) monitor the presence and employment of aliens to ensure they do not overstay their visas.

iii) assist in ensuring the compliance of these aliens with the requirements of their Visa program.
Edited by Heather Holson, 13 Jun 2013, 06:49 PM.
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Daniel Hernandez
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Rick Thomas

Madame Speaker,

This is a bipartisan approach to immigration reform which will make our system work in a far more efficient, fair and safe manner. Accordingly, I request passage via unanimous consent.

I yield.
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Heather Holson
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Motion recognized. 24 hours for objections.
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Vissering
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I'm radioactive.
Madame Speaker,

I object. I am rather up in air about this bill, and as Im not fully confident whether I support it or not I'd like to see the arguments for and against it. However, I will add that I'm not a fan of granting citizenship to those here illegally.

I yield
Edited by Vissering, 13 Jun 2013, 04:31 PM.
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Heather Holson
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Objection noted. Debate continues.
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Landry
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Winter is Coming to the Red States
Madam Speaker,

I fully understand the concerns of my dear friend from Arkansas, and I share some of her reservations. I would, however, harken back to comments made by former Speaker Gingrich--certainly not a gentleman I find myself in agreement with all that often. He pointed out, in addresses he made while exploring a Presidential bid, that we have millions of undocumented aliens living in this country and that, but for the offense of entering the country illegally, most have committed no crimes. They live above board, quiet lives dedicated to ensuring that their children are able to experience America at her fullest. Many of them have been a part of our communities for decades, attending our churches, volunteering in our schools, and doing the jobs that Americans and legal immigrants do not want to do.

Where is our compassion in requiring these men and women, people who wanted nothing more than a better life, to live in perpetual fear and dread? Crossing the border illegally is a misdemeanor under federal law; we're not even dealing, for the most part, with felons. The present legislation balances compassion with ensuring that it is not a blank cheque; individuals qualifying under this bill will be forced to pay restitution for entering the country illegally, will be forced to learn English-as every American should-and will have a waiting period behind those who entered our country legally.

I am proud to support this legislation, and I hope my friend from Arkansas eventually does as well; if not, I perfectly respect that, and her position. But as for me, this bill--and its companion border security bill--will command my vote.

I yield back.
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Daniel Hernandez
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Rick Thomas

Madame Speaker,

I request permission to revise and extend my remarks.

To respond to the gentlelady from Arkansas, this bill adopts a back of the line policy, guaranteeing that nobody will be granted automatic citizenship. This legislation contains a process whereby the millions of men and women who are here can be brought out of the shadows, ending the cost of millions of dollars in taxpayer services they may be receiving. This bill combines increased enforcement of the border with the kind of reforms that would enable us to target our resources on finding and deporting those who come here with criminal records. I would argue to my friend from Arkansas that we should not be deporting those who come to our shores to make a better life for themselves and for their families.

I yield the balance of my time.
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Vissering
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I'm radioactive.
Madame Speaker,

I request permission to revise and extend my remarks.

I have a question related to the legislation I would like to direct to the Gentleman from Texas, as well any of the bill's sponsors. The bill requires illegal immigrants to undergo a background law enforcement check, as I read. However unless I missed something, I do believe it fails to say what will happen to those who fail the check. What will happen to those immigrants? It is my firm belief that those here causing trouble and such should be deported. I'll also add that I certainly see the viewpoint on those immigrants here living simple pleasant lives, and I respect the view and am able to agree with it, to a point.

I yield the floor.
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Daniel Hernandez
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Rick Thomas

Madame Speaker,

I request permission to revise and extend my remarks.

In answer to the gentlelady from Arkansas, those who fail the background check would be able to be more easily deported. This background check would create for a streamlined process that would enable us to more effectively remove those who come into our country with evil intentions.

I yield the balance of my time.
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Vissering
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I'm radioactive.
Madame Speaker,

I request permission to revise and extend my remarks.

As the bill does not give a guarantee that criminal immigrants will be deported, I move to amend as follows:

Quote:
 

SUBSEC. A. BACKGROUND CHECKS

a) REQUIREMENT FOR BACKGROUND CHECKS -- The Secretary of State shall utilize biometric, biographic, and other data the Secretary deems appropriate

i) To conduct Security and law enforcement background checks of an alien applying for lawful permanent residency

ii) To determine whether there is any national security, criminal or other factor that would render the alien ineligible for such action.

iii) To ensure that those who fail a law enforcement background check, for any reason other than illegal alien status, are appropriated in accordance with federal law.

b) COMPLETION OF BACKGROUND CHECKS -- The Secretary may not adjust an alien’s status to status of lawful permanent resident until the security and law enforcement background checks have been completed.


I simply am proposing this for clarification, and I ask it to be accepted as friendly.

I yield the floor.
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Daniel Hernandez
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Rick Thomas

Madame Speaker,

I request permission to revise and extend my remarks.

I second the amendment proposed by the gentlelady from Arkansas.

I yield.
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Brenninger
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#Swaggy
Madame Speaker,

I fully support this amendment and I move we pass it via unanimous consent.

I yield
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Heather Holson
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Being a primary sponsor of the legislation I accept the amendment as friendly. Debate continues
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Brenninger
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#Swaggy
Madame Speaker,

Would my colleague from Arkansas now remove her objection, so the bill can once again be considered for unanimous consent?

I yield
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Patrick Callaghan
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New England Republican >:D
Madame Speaker,

In terms of procedural purposes I will consider the amendment friendly.

I yield.
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Vissering
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I'm radioactive.
Madame Speaker,

I graciously remove my objection.

I yield
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Heather Holson
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With the objection removed the motion for passage by unanimous consent is recognized. 24 hours for objections.
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AK3
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Mr. Speaker,

I object.

I yield
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Daniel Hernandez
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Rick Thomas

Madame Speaker,

I request permission to revise and extend my remarks.

Although I am aware the rules do not require a reason to be provided for the objection, perhaps the gentlelady from Vermont might explain the nature of her objection to the House? Reasoned debate requires an exchange of ideas, and knowing what the gentlelady opposite finds objectionable might be helpful in passing a better piece of legislation.

I yield.
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AK3
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Mr. President,

I generally disapprove of the requirement that immigrants must be able to speak English, especially considering that there is no official language in the United States; the fact if they don't pass a background check they aren't given citizenship; I'm especially fond of removing the provision requiring the payment of fines. All of this for the quest for a better life. Many come here through measures deemed "illegal" for the reason of getting away, it's their only chance, not because they don't want to go about it the right way. Everyday they face adversity, they are taken advantage of by employers, and they face the fear of further mistreatment by the government of their land of choice for a new life and the land of their former life when they are potentially deported back to. I generally found some things to amend in the beginning of the bill, which none of would have been passed, only to disapprove of every other provision of the rest of the bill. I just don't think this is the right solution we as a legislative body are looking for and think there are more humane ways to reform our immigration system.

I yield
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