Round-Up of Immigration Related Legislation (October-December 2010)

The following immigration-related bills were introduced into the House of Representatives and the Senate between October and December:

Marine Sergeant Michael H. Ferschke, Jr. Memorial Act (H.R.6397)
Introduced by Rep Duncan (R-TN) on 11/15/10
Summary: Amends the INA to count as a spouse, wife, or husband a party to a marriage ceremony in which the parties were not in each other's physical presence, and the marriage was not consummated, if the failure to consummate was caused by physical separation because of one party's active-duty status abroad in the U.S. Armed Forces.

Introduced by Rep. Lofgren (D-CA) on 11/15/10
Summary: Amends the INA to toll, during active-duty service abroad in the Armed Forces, the periods of time to file a petition and appear for an interview to remove the conditional basis for permanent resident status, and for other purposes.

Pakistani Temporary Protected Status Act of 2010 (H.R.6505)
Introduced by Rep. Green (D-TX) on 12/08/10
Summary: Expresses the sense of Congress that the extraordinary and temporary conditions caused by flooding in Pakistan qualifies Pakistan for designation under the Immigration and Nationality Act pursuant to which its nationals would be eligible for temporary protected status (TPS) in the United States. Designates Pakistan as a TPS-eligible country for an initial 12-month period. Sets forth related TPS eligibility requirements, including continuous U.S. presence since July 22, 2010.

Vietnam Human Rights Sanctions Act (H.R. 6433)
Introduced by Rep. Cao (R-LA) on 11/18/10
Summary: Directs the President to: (1) impose financial and immigration/entry sanctions on listed nationals of Vietnam who are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam; and (2) submit to Congress a publicly available list of individuals determined to be complicit in such human rights abuses. Authorizes the President to waive sanctions: (1) to comply with international agreements; and (2) if in the U.S. national interest. Terminates sanctions if the President certifies to Congress that the government of Vietnam has: (1) released all political prisoners; (2) ceased its practices of violence, detention, and abuse of citizens of Vietnam engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of such political activists and prosecuted those responsible.

Introduced by Rep. Giffith (R-AL) on 11/18/10
Summary: Amends the INA to direct the Secretary of Homeland Security (DHS) to adjust an alien's status from conditional resident to lawful permanent resident if such person: (1) became a conditional resident as an alien entrepreneur, alien spouse, or alien child on or before December 31, 1998; (2) filed an application to remove conditional resident status on an I-829 form on or before December 31, 2000; and (3) had such form or a motion to reopen or reconsider the denial of such form pending before DHS as of the date of the enactment of this Act.

Note: Each week hundreds of bills are introduced into the House and Senate, and the likelihood of any particular bill moving is usually very small. The bills posted on this page represent all immigration-related legislation introduced this week, not legislation AILA believes is important or likely to succeed.

Cite as AILA Doc. No. 10122132.