Senators Introduce the Comprehensive Immigration Reform Act of 2010 (S. 3932)

On 9/29/10, Senator Menendez (D-NJ) and Senator Leahy (D-VT) introduced the Comprehensive Immigration Reform Act of 2010 (S. 3932). AILA supports this bill.

The bill is divided into the following six titles:

Title I - Border Enforcement: increases border security and enforcement; clarifies that the power to regulate immigration resides with the federal government and that state and local police do not have the "inherent authority" to enforce federal immigration laws (outside of 287(g) agreements), and; establishes border enforcement "triggers" that must be met before any unauthorized immigrants can apply for permanent residency.

Title II - Interior Enforcement: requires DHS to track the departure of noncitizens to ensure that individuals do not overstay their visas; refines existing law on voluntary departure, illegal entry, and illegal re-entry, including increased penalties; heightens penalties for immigration-related crimes; and amends the definition of aggravated felony. This title also implements detention standards, including medical care, detainee rights, access to legal information and legal orientation programs, and transfers; amends release from detention standards, particularly for vulnerable populations and families, and expands alternatives to detention; implements guidelines for enforcement actions involving children; eliminates the one-year deadline for asylum applications; and simplifies the refugee and asylum adjustment and derivative petition process.

Title III - Worksite Enforcement: mandates the use of an employment verification system for all employers within five years; creates a new fraud-resistant, tamper-resistant Social Security card; requires SSA to create a reliable and secure way of verifying Social Security numbers and work authorization, and; creates a voluntary pilot program using biometric identifiers to demonstrate work authorization.

Title IV - Reforming America's Legal Immigration System: creates a standing commission to evaluate labor market and economic conditions and recommend quotas for employment-based visa programs that Congress and the President would act on; creates the structure for a new nonimmigrant visa program (H-2C) to address gaps in existing worker programs; reduces the backlog in the family and employment-based visa system; promotes family unity by reclassifying spouses and children of lawful permanent residents as immediate relatives, and; incorporates the AgJOBS and Uniting American Families Act.

Title V - Legalization of Undocumented Individuals: creates Lawful Prospective Immigrant (LPI) status for non-criminal undocumented immigrants living in the U.S. since 9/30/10; after 6 years, eligible LPIs may apply for lawful permanent resident status, and; incorporates the DREAM Act.

Title VI - Immigrant Integration and Other Reforms: enhances programs and policies to help immigrants learn English and U.S. civics; provides humanitarian immigration visas for certain groups of individuals; improves access to interpreters in state courts, and; evaluates the factors that drive undocumented migration from key sending countries and requires the State Department to develop a strategy to reduce migration pressures.

For more information on the bill, please read the full text of the bill, a 76-page section-by-section summary of the bill edited by AILA's Immigration Reform Committee, AILA's 16-page summary of the bill, or a short 3-page bullet point summary of the bill.

Cite as AILA Doc. No. 10093066.