[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3700 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3700

         To reform immigration to serve the national interest.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2005

 Mr. Tancredo introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To reform immigration to serve the national interest.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Reducing 
Immigration to a Genuinely Healthy Total (RIGHT) Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; definitions.
                   TITLE I--LEGAL IMMIGRATION REFORM

Sec. 101. Worldwide levels of immigration.
Sec. 102. Allotment of visas.
Sec. 103. Humanitarian immigration.
Sec. 104. Sunsetting adjustments under various provisions.
Sec. 105. Requirement for Congressional approval for extension of 
                            designation of foreign states for purposes 
                            of temporary protected status.
Sec. 106. Establishment of new nonimmigrant classifications; conversion 
                            of certain existing immigrant 
                            classification petitions.
                   TITLE II--MISCELLANEOUS PROVISIONS

Sec. 201. Limitation on automatic birthright citizenship.
Sec. 202. Requirement for immigrants to provide affidavit of allegiance 
                            to the United States.
Sec. 203. Requirement of affidavit of support for employment-based 
                            immigrants.
Sec. 204. Making voting in foreign election a basis for automatic loss 
                            of citizenship.
Sec. 205. Treating illegal presence in the United States as not 
                            demonstrating good moral character.
    (c) Definitions.--For purposes of this Act, the definitions 
contained in subsections (a) and (b) of section 101 of the Immigration 
and Nationality Act (8 U.S.C. 1101) shall apply.

                   TITLE I--LEGAL IMMIGRATION REFORM

SEC. 101. WORLDWIDE LEVELS OF IMMIGRATION.

    Beginning with fiscal year 2006, notwithstanding section 201 of the 
Immigration and Nationality Act (8 U.S.C. 1151)--
            (1) the worldwide level of family-sponsored immigrants 
        under subsection (c) of such section in any fiscal year shall 
        be zero;
            (2) the worldwide level of employment-based immigrants 
        under subsection (d) of such section in any fiscal year shall 
        be 5,200; and
            (3) the worldwide level of diversity immigrants under 
        subsection (e) of such section in any fiscal year shall be 
        zero.

SEC. 102. ALLOTMENT OF VISAS.

    (a) In General.--Beginning with fiscal year 2006, notwithstanding 
section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)--
            (1) the number of visas that shall be allotted to family-
        sponsored immigrants under subsection (a) of such section in 
        any fiscal year shall be zero;
            (2) the number of visas that shall be allotted to priority 
        workers under subsection (b)(1) of such section (and to spouses 
        and children of such workers under subsection (d) of such 
        section) in any fiscal year shall not exceed 5,000, the number 
        of visas that shall be allotted in any fiscal year to priority 
        workers under subsection (b)(5) of such section (and to spouses 
        and children of such workers under subsection (d) of such 
        section) in any fiscal year shall not exceed 200, and the 
        number of visas that shall be allotted to other aliens subject 
        to the worldwide level for employment-based immigrants in any 
        fiscal year shall be zero;
            (3) the number of visas that shall be allotted to special 
        immigrants under subsection (b)(4) of such section (and to 
        spouses and children of such workers under subsection (d) of 
        such section) in any fiscal year shall not exceed 1,000; and
            (4) the number of visas that shall be allotted to diversity 
        immigrants under subsection (c) of such section in any fiscal 
        year shall be zero.
Nothing in this title shall be construed as imposing any numerical 
limitation on special immigrants described in subparagraph (A) or (B) 
of section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who may be 
provided immigrant visas (or who otherwise may acquire the status of an 
alien lawfully admitted for permanent residence).
    (b) Limitation on Sponsorship by Certain Aliens.--Notwithstanding 
any other provision of law, effective October 1, 2006, no visa may be 
allotted to any immigrant on the basis of a petition by an individual 
who has filed an application under section 210 or section 245A of the 
Immigration and Nationality Act (8 U.S.C. 1160, 1255a).
    (c) Elimination of Preference Categories.--Effective October 1, 
2006, no classification petition may be filed or approved, and no alien 
may be issued an immigration visa number, for the following preference 
categories:
            (1) Family preference.--Preference under section 203(a).
            (2) Employment-based preference.--Preference under section 
        203(b), other than as an alien described in subparagraph (A) or 
        (B) of section 203(b)(1) or under section 203(b)(5), or under 
        section 203(d) as the spouse or minor child of either such an 
        alien.
            (3) Diversity.--Preference under section 203(c).
    (d) Limitation on Granting Immigrant Status.--Effective October 1, 
2006, the Secretary of Homeland Security may not accept or approve any 
petition for classification under section 204 of the Immigration and 
Nationality Act (8 U.S.C. 1154) except for classification by reason of 
a family relationship described in section 201(b)(2) of such Act (8 
U.S.C. 1151(b)(2)) or priority worker or investor status under 
paragraph (1)(A), (1)(B), or (5) of subsection (b) of section 203 of 
such Act (8 U.S.C. 1153), or as a spouse or child of such a worker or 
investor under subsection (d) of such section, or as an alien described 
in section 201(b)(1)(B) or 201(b)(1)(C) of such Act.

SEC. 103. HUMANITARIAN IMMIGRATION.

    (a) Annual Limitation of 50,000.--Notwithstanding any other 
provision of law, subject to subsection (b), beginning with fiscal year 
2006 the sum of the following shall not exceed 50,000:
            (1) The number of refugees who are admitted under section 
        207 of the Immigration and Nationality Act (8 U.S.C. 1157) in a 
        fiscal year.
            (2) The number of admissions made available in such fiscal 
        year to adjust to the status of permanent residence the status 
        of aliens granted asylum under section 209(b) of such Act (8 
        U.S.C. 1159(b)).
            (3) The number of aliens whose status is adjusted in such 
        fiscal year under section 646 of the Immigration Reform and 
        Immigrant Responsibility Act of 1996 (division C of Public Law 
        104-208), relating to Polish and Hungarian parolees.
            (4) The number of aliens whose status is adjusted in such 
        fiscal year under section 599E of the Foreign Operations, 
        Export Financing, and Related Programs Appropriations Act, 1990 
        (relating to Soviet and Indochinese parolees).
            (5) The number of other aliens whose removal is cancelled 
        (and whose status is adjusted) in such fiscal year under 
        section 240A of such Act (8 U.S.C. 1229b).
            (6) The number of aliens who are provided lawful permanent 
        resident status in such fiscal year on the basis of a private 
        bill passed by Congress.
    (b) Exception.--In applying subsection (a), aliens who are spouses 
or children of citizens of the United States, or who are admitted under 
the limitations described in section 102, shall not be counted.

SEC. 104. SUNSETTING ADJUSTMENTS UNDER VARIOUS PROVISIONS.

    (a) Sunset for IRCA-Related and Certain Other Amnesties.--An alien 
may not be issued an immigrant visa or otherwise acquire the status of 
an alien lawfully admitted for permanent residence under any of the 
following provisions, unless the alien has filed an application for 
such visa or status on or before the date of the enactment of this Act:
            (1) Section 245A of the Immigration and Nationality Act (8 
        U.S.C. 1255a), commonly known as the IRCA legalization program.
            (2) Section 210 of such Act (8 U.S.C. 1160), commonly known 
        as the agricultural worker amnesty program.
            (3) Section 249 of such Act (8 U.S.C. 1259), commonly known 
        as registry.
            (4) Section 584 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 1988, 
        relating to Amerasian immigration.
    (b) Sunset for HRIFA and NACARA Amnesties.--An alien may not be 
issued an immigrant visa and may not otherwise acquire the status of an 
alien lawfully admitted for permanent residence under any of the 
following provisions, unless the alien has filed an application for 
such visa or status on or before the date of the enactment of this Act:
            (1) Section 202 of the Nicaraguan Adjustment and Central 
        American Relief Act of 1997 (title II of Public Law 105-100).
            (2) The Haitian Refugee and Immigration Fairness Act of 
        1998 (division A of section 101(h) of Public Law 105-277).
    (c) Immediate Repeal of Cuban-Haitian Adjustment.--An alien may not 
be issued an immigrant visa and may not otherwise acquire the status of 
an alien lawfully admitted for permanent residence) under any section 
202 of the Immigration Reform and Control Act of 1986, unless the alien 
has filed an application for such visa or status on or before the date 
of the enactment of this Act:
    (d) Immediate Repeal of Lautenberg-Morrison Provisions.--Effective 
on the date of the enactment of this Act, section 599D of of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167) is repealed.

SEC. 105. REQUIREMENT FOR CONGRESSIONAL APPROVAL FOR EXTENSION OF 
              DESIGNATION OF FOREIGN STATES FOR PURPOSES OF TEMPORARY 
              PROTECTED STATUS.

    Effective on October 1, 2006, the period of designation of a 
foreign state under section 244(b) of the Immigration and Nationality 
Act (8 U.S.C. 1254(b)) may not be extended beyond the initial 
designation period without the approval of both Houses of Congress.

SEC. 106. ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATIONS; CONVERSION 
              OF CERTAIN EXISTING IMMIGRANT CLASSIFICATION PETITIONS.

    (a) Establishment of Nonimmigrant Classifications.--Effective 
October 1, 2006, the Secretary of Homeland Security shall establish the 
following new nonimmigrant classifications (under section 101(a)(15) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)):
            (1) Spouses and minor children of lawful permanent 
        residents.--
                    (A) In general.--A nonimmigrant classification for 
                an alien who is the spouse or child of an alien 
                lawfully admitted for permanent residence.
                    (B) Period of validity of nonimmigrant visa.--A 
                visa issued for nonimmigrant classification under this 
                paragraph shall be valid for a period of 3 years. Such 
                visa may be renewed indefinitely so long as the 
                principal alien is residing in the United States and 
                the nonimmigrant alien remains the spouse or child of 
                such alien.
                    (C) Subsequent adjustment to lawful permanent 
                resident status as immediate relatives upon 
                naturalization of principal alien.--If the principal 
                alien described in subparagraph (A) becomes a 
                naturalized citizen of the United States, the alien may 
                apply for permanent resident status of such spouse and 
                child as an immediate relative under section 
                201(b)(2)(A) of the Immigration and Nationality Act (8 
                U.S.C. 1151(b)(2)(A)) and, for purposes of making such 
                determination, the age of the child shall be the age of 
                such child as of the date of approval of the 
                nonimmigrant status under subparagraph (A).
            (2) Parents of adult united states citizens.--
                    (A) In general.--A nonimmigrant classification for 
                an alien who is the parent of a citizen of the United 
                States if the citizen is at least 21 years of age.
                    (B) Period of validity of nonimmigrant visa.--A 
                visa issued for nonimmigrant classification under this 
                subparagraph shall be valid for a period of 5 years. 
                Such visa may be renewed indefinitely so long as the 
                citizen son or daughter is residing in the United 
                States.
                    (C) Limitations on employment and public benefits 
                and support by petitioning citizen son or daughter.--An 
                alien provided nonimmigrant status under this paragraph 
                is not authorized to be employed in the United States 
                and is not entitled, notwithstanding any other 
                provision of law, to any benefits funded by the Federal 
                Government or any State. In the case of such an alien, 
                the petitioning United States citizen son or daughter 
                shall be responsible for the support of the alien in 
                the United States, regardless of the resources of such 
                alien.
    (b) Conversion of Current Classification Petitions.--
            (1) Family second preference conversions.--In the case of a 
        classification petition under section 204(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)) for preference status 
        described in section 203(a)(2)(A) of such Act (8 U.S.C. 
        1153(a)(2)(A)) for an alien that has been filed before October 
        1, 2006, as of such date such petition shall be deemed to be a 
        petition for classification of the alien involved as a 
        nonimmigrant under the classification established under 
        subsection (a)(1).
            (2) Immediate relative petitions for parents.--In the case 
        of a classification petition under section 204(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)) for 
        immediate relative status status under section 201(b)(2)(A) of 
        such Act (8 U.S.C. 1151(b)(2)(A)) as the parent of a United 
        States citizen that has been filed before October 1, 2006, as 
        of such date such petition shall be deemed to be a petition for 
        classification of the alien involved as a nonimmigrant under 
        the classification established under subsection (a)(2).

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. LIMITATION ON AUTOMATIC BIRTHRIGHT CITIZENSHIP.

    Notwithstanding any other provision of law, with respect to an 
individual born after the date of the enactment of this Act, the 
individual shall not be a national or citizen at birth under section 
301 of the Immigration and Nationality Act (8 U.S.C. 1401) unless at 
least one of the individual's parents is, at the time of birth, a 
citizen or national of the United States or an alien lawfully admitted 
for permanent residence.

SEC. 202. REQUIREMENT FOR IMMIGRANTS TO PROVIDE AFFIDAVIT OF ALLEGIANCE 
              TO THE UNITED STATES.

    (a) In General.--Notwithstanding any other provision of law, no 
alien shall be provided an immigrant visa or otherwise provided status 
as an alien lawfully admitted to the United States for permanent 
residence unless the alien has executed an affidavit of allegiance to 
the United States that is in a form approved by the Secretary of 
Homeland Security.
    (b) Effective Date.--Subsection (a) shall take effect on and after 
such date, not later than 60 days after the date of the enactment of 
this Act, as the Secretary of Homeland Security specifies after having 
approved the form for the affidavit under such section.

SEC. 203. REQUIREMENT OF AFFIDAVIT OF SUPPORT FOR EMPLOYMENT-BASED 
              IMMIGRANTS.

    (a) In General.--Notwithstanding any other provision of law, no 
alien shall be provided an an immigrant visa or otherwise provided 
status as an alien lawfully admitted to the United States for permanent 
residence as an employment-based immigrant under section 203(b) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)) unless there has 
been executed an affidavit of support that meets the requirements of 
section 213A of such Act (8 U.S.C. 1183a) alien has executed an 
affidavit of allegiance to the United States that is in a form approved 
by the Secretary of Homeland Security.
    (b) Effective Date.--Subsection (a) shall apply to visas and lawful 
permanent residence status provided after the date of the enactment of 
this Act.

SEC. 204. MAKING VOTING IN FOREIGN ELECTION A BASIS FOR AUTOMATIC LOSS 
              OF CITIZENSHIP.

    (a) In General.--Section 349(a) of the Immigration and Nationality 
Act (8 U.S.C. 1481(a)) is amended--
            (1) by striking the period at the end of paragraph (7) and 
        inserting ``; or''; and
            (2) by adding at the end the following new paragraph:
            ``(8) voting in an election in a foreign country.''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
voting occurring after the date of the enactment of this Act.

SEC. 205. TREATING ILLEGAL PRESENCE IN THE UNITED STATES AS NOT 
              DEMONSTRATING GOOD MORAL CHARACTER.

    (a) In General.--Section 101(f) of the Immigration and Nationality 
Act (8 U.S.C. 1101(f)) is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (9) the following new 
        paragraph:
            ``(10) one who--
                    ``(A) at the time good moral character is required 
                to be demonstrated, is unlawfully present in the United 
                States without having been admitted or paroled;
                    ``(B) at the time good moral character is required 
                to be demonstrated, has been inspected and admitted to 
                the United States but gained such admission through 
                fraud or misrepresentation; or
                    ``(C) at any time has been unlawfully present in 
                the United States for an aggregate period of 181 days 
                or more.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to determinations of good moral character made after the date of 
the enactment of this Act.
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