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HR 63 Responsible Immigration and Secure Enforcement Act
Topic Started: 13 Jun 2013, 04:08 PM (345 Views)
Heather Holson
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48 hours for debate

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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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Replies:
Landry
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Winter is Coming to the Red States
Madam Speaker,

Just because there is no legal official language--and arguably, the Constitution would bar that anyways--does not mean there is not a lingua franca, a language of business, governance, and commerce. Requiring them to learn the language of this country, English, is not asking them to do anything more than we already ask citizens of this country to do: be able to engage in the language of the majority and be able to function in our society.

I yield.
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Heather Holson
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Objection noted. Debate continues.
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Daniel Hernandez
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Wielder of the Gavel
Rick Thomas

Madame Speaker,

I request permission to revise and extend my remarks.

At some point, we have to recognize that the first act that someone who crosses over our border illegally did was to violate the law. Frankly, the idea that we should just look the other way while the law is being violated is ludicrous. Now, I break with some members of my party who see the most appropriate response as to remove these men and women from our country. Not only is that inhumane, it is highly unrealistic to the point of being ridiculous. However, there must be some recognition of that, and I believe this bill does that.

Further, I would like to echo the comments of the gentlelady from Georgia. We are asking no more of those who come to our country than to be able to engage in the language of commerce. This is a requirement every nation has, so the idea that we should not have such a requirement here in ludicrous, to say the least.

I yield.
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Ambrose Griffith
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If there is a requirement to learn English among those who come to this country put in place by the government, will the government take on the responsibility of teaching English, Mr. Speaker?

I yield.
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AK3
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Mr. Speaker,

To point out a specific, we're requiring them to do something we ask our citizens to do. While, yes, it would be more beneficial for them to learn the language of our society, they shouldn't be required to, and especially to have that as a granting factor for citizenship. They go through enough just to get here as they already do. And they actively try to learn English. They want to learn the language of our ways, and they go do free classes and have people who can speak both languages work with them so that they can. They're here to have a better life, not work against us. I oppose this bill because it places too many burdens on immigrants and makes their lives harder.

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

Unless the lady from Vermont would like to see this entire compromise unravel for the sake of an incredibly minor requirement then I would request she with draw her concerns. That is the part of this requirement she is concerned about? We have a government that requires we but health insurance yet requiring those here illegally to learn English as a condition of citizenship is concerning. Really? I ask the lady how that makes sense.

I yield
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Vissering
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I'm radioactive.
Madame Speaker,

I request permission to revise and extend my remarks.

Let me add that the Gentlewoman's thought that immigrants shouldn't be required to learn English is absurd. English is the de facto language of this great country. If they want to be citizens they must learn it. They came here, we did not go to their country. We should be required to learn their language to communicate with them.

I yield.
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Ambrose Griffith
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Mr. Speaker,

If America is, indeed, the land of freedom then aren't immigrants to be free to speak whichever language they so please? I'm proud to be from the Portland area where we have a significant Asian-American population, many of whom continue to use their native languages at home, at work and everywhere else. If the proponents of this measure don't believe me, I'd be happy to invite them to Portland to take a tour of Chinatown.

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

Sure they're free to speak what language they wish. But how in the world can they communicate with those who speak English and not Spanish, Chinese, etc., if they don't learn the language the vast majority of Americans speak? Require those born and raised here to learn a billion languages? No I don't think so.

I yield the floor.
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Landry
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Winter is Coming to the Red States
Madam Speaker,

And individuals are free to keep using their native language wherever they choose. But requiring individuals to at least comprehend the language of the United States is, by far, not an onerous requirement.

I yield.
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Brenninger
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#Swaggy
Madame Speaker,

I fully agree with the sentiment put forth by the majority of this body, it is not that big of a deal to require them to learn English. While English is by no means the de jure language of The United States it is the de facto one. It is certainly not a big requirement for one to learn English -- especially someone who broke the law getting here.

I yield
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Landry
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Winter is Coming to the Red States
Madam Speaker,

I move to the previous question, and I yield.
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Ambrose Griffith
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I move to strike Sec. 4, Subsec C, Mr. Speaker, and yield.
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Vissering
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I'm radioactive.
Madame Speaker,

I second the motion to call and yield.
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Ambrose Griffith
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Mr. Speaker,

English is, objectively, one of the most challenging languages in the world to learn if it is not your primary language. That is a statement which is verified by so many studies and by common sense: unlike most langauges in the world, English has no central authority, there are no established and set rules which are overseen and governed by a body designed to do so. For an example: wail, whale, and wale. Three words that all sound exactly the same, are spelled completely differently and mean totally different things. Through and trough: two words with very similar spellings but completely different phonetics. To withhold citizenship from otherwise law-abiding, good people who are seeking a future for their families much like each and every one of our families once did would be highly unfair.

I yield.
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Brenninger
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#Swaggy
Madame Speaker,

I support the call to move the previous question.

I yield
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Ambrose Griffith
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In other words, Mr. Speaker, a number of my colleagues support the call to ignore opposition and attempts to amend the legislation because they have the force of numbers behind them. When the founding fathers imagined how this body would operate, I wonder if this is what they had in mind.

I yield.
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AK3
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Madam Speaker,

I second the amendment from my colleague from Oregon.

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

When the amendments could in an essence threaten the legislation and are based in extremely untrue assumptions I see no issue with the calls. Disrupting debate for minor and ump petani purposes is not appropriate. This bill simply requires an understanding of English to help those here illegally to better assimilate to our country. It does not ban other languages and more than my grandparents stopped speaking Gaelic when they learned English.

I yield
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Ambrose Griffith
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And the death of the Irish language outside of Gaeltachts is a sad issue that is affecting several languages. Linguistic diversity is something to be praised, not squashed down by forcing the majority language on the minority. Surely, the honourable gentleman's grandparents would agree with that when they saw the state of Gaeilige today.

I yield.
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