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(a) SHORT TITLE. — This Act may be cited as the "Barbara Jordan Immigration Reform Act."
(b) FINDINGS AND PRINCIPLES. — Congress finds the following:
(1) The late Congresswoman Barbara Jordan, chair of the U.S. Commission on Immigration Reform, advocated for a fair, orderly, and lawful immigration system that balances the national interest with respect for human dignity.
(2) Legal immigration strengthens the United States by promoting innovation, family unity, and economic growth.
(3) Illegal immigration, abuse of asylum, and failure to enforce existing immigration laws undermine public confidence and impose burdens on citizens, lawful immigrants, and institutions.
(4) Congress has a duty to modernize immigration law to reflect national security needs, labor market realities, humanitarian obligations, and respect for the rule of law.
(5) A comprehensive, principled, and enforceable immigration policy must prioritize: (A) Clear and lawful pathways for immigration; (B) Efficient and secure processing of all immigration benefits; (C) Equal treatment under the law for long-term residents who meet required conditions; (D) Rapid adjudication of asylum claims rooted in verifiable persecution; (E) Protection of vulnerable minors and prevention of exploitation; (F) National employment verification systems that are modern, real-time, and fraud-resistant; (G) Accountability for jurisdictions or organizations that obstruct lawful immigration enforcement.
(6) This Act implements the core recommendations of the U.S. Commission on Immigration Reform (1995) chaired by Barbara Jordan and builds upon them for a 21st-century system.
SEC. 101. ESTABLISHMENT OF THE DEPARTMENT OF IMMIGRATION SERVICES
(DIS).
(a) There is hereby established an independent, cabinet-level agency known as the Department of Immigration Services (DIS).
(b) The DIS shall assume all functions of legal immigration processing currently housed in U.S. Citizenship and Immigration Services (USCIS) and shall operate independently of immigration enforcement authorities.
(c) The DIS shall be responsible for the intake, adjudication, and tracking of all applications for visas, adjustment of status, permanent residency, and naturalization.
(d) The Secretary of the DIS shall be appointed by the President, with the advice and consent of the Senate.
SEC. 102. IMMIGRATION LEVELS AND MERIT-BASED SYSTEM.
(a) The annual number of lawful permanent residents admitted to the United States shall be set at level that balances labor market needs, family reunification, and national interest
considerations.
(b) The Secretary of DIS shall develop and implement a points-based system for employment-based immigration, prioritizing applicants with education, experience, language proficiency, and national security clearance.
(c) A new employment-based category known as "EB-6" shall be created for individuals possessing skills in critical national industries, including but not limited to advanced manufacturing, artificial intelligence, cybersecurity, and infrastructure development.
SEC. 103. FAMILY-BASED IMMIGRATION REFORMS.
(a) The DIS shall prioritize nuclear family reunification while maintaining reasonable limits on extended family-based immigration.
(b) Spouses and minor children of lawful permanent residents shall be granted expedited processing.
(c) The definition of "immediate relative" under 8 U.S.C. 1151(b)(2)(A)(i) shall be amended to include the minor children of lawful permanent residents.
SEC. 104. IMPLEMENTATION OF THE WELCOME APPLICATION TRACKING SYSTEM
(WATS).
(a) The DIS shall develop and deploy a secure, user-friendly digital platform known as the Welcome Application Tracking System (WATS) that allows real-time status tracking of all immigration benefit applications.
(b) WATS shall include multilingual support, estimated processing timeframes, secure messaging, document upload, and notification features.
(c) The DIS shall ensure full interoperability between WATS and Department of State visa systems.
SEC. 105. SELF-REPATRIATION REENTRY PROGRAM (SRRP).
(a) The Secretary of DIS shall establish the Self-Repatriation Reentry Program (SRRP) to incentivize undocumented individuals who meet non-criminal background criteria to voluntarily depart the United States in exchange for streamlined legal reentry under new legal pathways.
(b) Participation in SRRP shall not constitute an admission of unlawful presence for the purposes of reentry bars under 8 U.S.C. 1182(a)(9).
(c) Individuals removed under final order shall not be eligible for SRRP.
SEC. 201. BLUE CARD VISA FOR LONG-TERM RESIDENTS WITHOUT STATUS
(LTRWS).
(a) The Secretary of the Department of Immigration Services (DIS) shall establish a new nonimmigrant visa category, to be known as the Blue Card, for individuals who: (1) Have continuously resided in the United States for not fewer than 10 years prior to the enactment of this Act; (2) Have no felony criminal convictions and are not subject to removal on grounds of national security; (3) Have demonstrated consistent employment, self-sufficiency, or community support; (4) Have paid taxes or agree to a payment plan for prior obligations.
(b) Blue Card holders shall be permitted to work lawfully, travel domestically, and apply for adjustment of status to lawful permanent resident (green card) after 5 years after being granted Blue Card status, subject to good moral character and continued eligibility.
SEC. 202. IMMEDIATE ADJUSTMENT FOR DACA-ELIGIBLE INDIVIDUALS.
(a) Any individual who was eligible for the Deferred Action for Childhood Arrivals (DACA) program as of its latest lawful directive shall be eligible to apply for lawful permanent residency upon submission of a completed application and background check.
(b) DACA recipients may concurrently apply for naturalization upon completion of standard residency requirements as applicable to other lawful permanent residents.
SEC. 203. SOCIAL SECURITY CONTRIBUTION RECONCILIATION.
(a) The Commissioner of Social Security shall establish procedures to permit reconciliation of Social Security contributions made under invalid or mismatched Social Security Numbers by individuals now applying for Blue Card or lawful permanent resident status.
(b) Such reconciliations shall be used to calculate benefit eligibility under Title II of the Social Security Act, consistent with actuarial standards.
SEC. 204. PROTECTIONS FOR COOPERATING WITNESSES.
(a) Any undocumented individual who has provided material assistance in the investigation or prosecution of a crime or who has been a documented victim of serious crime shall be protected from removal proceedings unless a determination is made that they pose a national security risk or are subject to mandatory criminal removal.
(b) Such individuals may be eligible for a nonimmigrant visa permitting lawful presence and employment authorization, subject to annual review.
SEC. 205. ENFORCEMENT PRIORITIZATION AND EXPEDITED REMOVAL FOR NEW ENTRANTS.
(a) DHS shall prioritize the removal of individuals who entered the United States unlawfully or overstayed a visa within two years of the enactment of this Act and who do not meet criteria under Sections 201 or 204.
(b) Nothing in this section shall affect the protections afforded to refugees or asylum applicants under Title III of this Act.
SEC. 301. REPEAL AND REPLACEMENT OF 8 U.S.C. § 1158.
(a) Section 208 of the Immigration and Nationality Act (8 U.S.C. § 1158) is hereby repealed and replaced with the provisions of this title. (b) No asylum application may be granted unless filed in accordance with this title.
SEC. 302. REMOTE EVALUATION FOR ASYLUM LEGITIMACY (REAL) SYSTEM.
(a) The Secretary of the Department of Homeland Security shall, within 12 months of enactment, deploy a secure remote video interview system, known as the REAL system, to facilitate credible fear interviews with asylum applicants prior to arrival in the United States or at designated safe third countries.
(b) The REAL system shall include multilingual access, applicant data collection, interview scheduling, secure connectivity with USCIS asylum officers, and decision recording capabilities.
(c) Interviews shall be conducted by trained asylum officers under U.S. law and shall include opportunity for legal assistance through video conference.
(d) A digital report of findings and eligibility determination shall be issued to the applicant within 21 days of interview.
SEC. 303. TWO-STEP ASYLUM DETERMINATION PROCESS.
(a) Step One: Initial Screening under REAL shall determine whether the applicant meets the credible fear standard based on verifiable claims of persecution. (b) Step Two: If credible fear is found, the applicant shall be permitted to choose between:
(1) Referral to a U.S. immigration judge under expedited processing; or (2) A Citizen Asylum Jury system (CAJS) comprised of trained U.S. citizen volunteers reviewing anonymized facts under standardized procedures.
SEC. 304. VERIFIABLE CLAIMS OF PERSECUTION DEFINED.
A verifiable claim of persecution shall mean a reasonable expectation that the applicant will suffer severe, targeted harm as a result of: (1) Government actions, or (2) Government failure to prevent persecution by non-state actors, Including but not limited to: (A) Imprisonment without due process; (B) Torture or systematic violence; (C) Coercion by armed groups or criminal cartels where the government fails to provide protection.
SEC. 305. PORT OF ENTRY PROCESSING REFORMS.
(a) Customs and Border Protection officers shall no longer be responsible for conducting credible fear interviews.
(b) All asylum interviews shall be performed via the REAL system or in designated USCIS facilities.
(c) Individuals attempting to claim asylum at U.S. ports of entry shall be referred to a secure staging facility for video screening within 72 hours.
SEC. 306. FINALITY OF DETERMINATION.
(a) REAL system findings confirmed by a CAJS panel or judge shall be considered final, subject only to appeal based on new evidence or manifest error.
(b) Individuals found ineligible shall be removed within 14 days of determination.
(c) Individuals found eligible shall receive a notice to appear and temporary protection status pending full adjudication under the Immigration and Nationality Act.
SEC. 401. SAFE AND PROMPT PLACEMENT REQUIREMENTS.
(a) Any unaccompanied minor encountered at the border shall be transferred within 72 hours to a federally managed care facility licensed for child welfare services.
(b) The Department of Health and Human Services (HHS), in coordination with the Department of Immigration Services (DIS), shall maintain a network of secure, child-appropriate shelters and care facilities meeting applicable state and federal standards.
SEC. 402. GUARDIANSHIP AND SPONSORSHIP SCREENING.
(a) A minor may only be released to a verified parent, legal guardian, or federally approved sponsor following: (1) Background checks of the proposed guardian and all adult household members; (2) Verification of lawful presence or deferred lawful presence; (3) Home visits and review of care plans.
(b) Any individual or household previously found in violation of child endangerment or immigration fraud laws shall be disqualified from sponsorship.
SEC. 403. MONTHLY MONITORING AND REPORTING.
(a) All guardians and sponsors shall submit to monthly electronic, or in-person welfare checks with designated HHS case officers.
(b) Sponsors failing to cooperate with the monitoring system shall be subject to civil penalties and, if applicable, removal of custody.
(c) All unaccompanied minors under sponsorship shall be reviewed quarterly by a regional case manager until they are reunited with family, reach the age of 18, or receive an adjudicated immigration status.
SEC. 404. FEDERAL CHILD WELFARE LIAISON NETWORK (CWL).
(a) A Child Welfare Liaison (CWL) shall be assigned to each regional immigration district and shall be responsible for: (1) Coordinating with schools, health clinics, and local welfare agencies; (2) Identifying signs of neglect, abuse, or trafficking; (3) Ensuring minors receive appropriate physical and mental healthcare.
(b) The CWL shall have the authority to initiate emergency removal of minors from unsafe placements, subject to expedited review.
SEC. 405. PENALTIES FOR FRAUDULENT OR UNQUALIFIED SPONSORSHIP.
(a) Any person who knowingly submits false documents or conceals material facts for the purpose of sponsoring a minor shall be guilty of immigration fraud under 18 U.S.C. § 1546.
(b) If the minor is subsequently harmed or neglected due to placement with a disqualified sponsor, civil and criminal penalties shall apply, including up to 5 years imprisonment and liability for damages.
SEC. 501. ESTABLISHMENT OF A NATIONAL ELECTRONIC VERIFICATION SYSTEM
(EVS).
(a) The Department of Immigration Services (DIS), in coordination with the Department of Homeland Security (DHS), shall establish a nationwide Electronic Verification System (EVS) to verify employment eligibility in real time.
(b) The EVS shall be mandatory for all employers within 36 months of enactment and shall replace the existing E-Verify program.
(c) The system shall be interoperable with databases maintained by the Social Security Administration, DHS, and the Internal Revenue Service, and shall provide near-instant confirmation of work authorization.
SEC. 502. EMPLOYER PARTICIPATION AND COMPLIANCE.
(a) All employers shall be required to register with the EVS prior to hiring any new employee.
(b) Failure to utilize EVS, or knowingly employing individuals without lawful work authorization, shall subject the employer to civil penalties not to exceed $25,000 per violation and repeat violations may result in criminal charges.
SEC. 503. WORKER IDENTITY INTEGRITY AND FRAUD PROTECTION.
(a) The DIS shall issue a secure, digital Worker Authorization Credential to all lawfully authorized workers that includes biometric validation and fraud-resistant technology.
(b) Any unauthorized duplication, counterfeiting, or tampering with EVS records or Worker Authorization Credentials shall be prosecuted under applicable federal law.
SEC. 504. SUPPORT FOR SMALL BUSINESSES.
(a) The DIS shall establish an EVS Small Employer Transition Support Program to provide training, technical assistance, and temporary implementation waivers for businesses with fewer than 10 employees.
(b) Waivers shall not exceed 12 months in duration and must demonstrate good faith progress toward compliance.
SEC. 505. WORKSITE ENFORCEMENT AND AUDITS.
(a) The Secretary of DHS shall conduct random and targeted audits of employer compliance with EVS.
(b) Employers found to be persistently noncompliant may be subject to license revocation, fines, and disqualification from federal contracts.
SEC. 506. PUBLIC EDUCATION AND OUTREACH.
(a) The DIS shall carry out a national campaign to inform employers and workers of the new verification requirements, workers’ rights, and protections against retaliation or misuse of the system.
(b) The campaign shall be conducted in multiple languages and through print, digital, and community-based channels.
SEC. 601. CRIMINAL LIABILITY FOR INTENTIONAL OBSTRUCTION.
(a) Any state or local official who knowingly and willfully obstructs federal efforts to remove an undocumented individual previously convicted of a violent crime shall be subject to criminal penalties.
(b) Penalties under this section shall include imprisonment for up to 5 years and fines of up to $500,000.
(c) Knowingly and willfully includes any circumstance where an agency or organization has been formally notified by Immigration and Customs Enforcement (ICE) or the Department of Homeland Security (DHS) of a detainer request or removal order and refuses to comply.
SEC. 602. CIVIL LIABILITY FOR FAILURE TO COOPERATE WITH DETENTION
REQUESTS.
(a) Any sanctuary jurisdiction or non-governmental organization (NGO) that, after formal notification by ICE or DHS, refuses to honor a lawful request to detain or transfer custody of an undocumented individual with a criminal record, and such individual subsequently commits an act of violence or property damage, shall be held civilly liable.
(b) Civil liability shall extend to victims or their families for personal injury, loss of life, or property damage directly resulting from the failure to comply.
SEC. 603. MANDATORY REPORTING AND DISCLOSURE.
(a) Jurisdictions receiving federal funds must annually certify their cooperation with federal immigration enforcement efforts.
(b) Failure to provide such certification shall result in the suspension of eligibility for specified federal law enforcement and homeland security grants.
SEC. 604. TRANSPARENCY AND PUBLIC SAFETY IMPACT ASSESSMENTS.
(a) The Secretary of Homeland Security shall publish an annual report detailing the number of detainer requests issued, honored, ignored, and the outcomes of released individuals.
(b) The report shall be made publicly available and submitted to Congress.
SEC. 701. DEFINITIONS.
For purposes of this Act:
(a) "DIS" refers to the Department of Immigration Services.
(b) "REAL system" means the Remote Evaluation for Asylum Legitimacy system authorized under Title III.
(c) "LTRWS" means Long-Term Residents Without Status.
(d) "Blue Card" means the provisional legal status granted under Title II.
(e) "EVS" means the Electronic Verification System established under Title V.
(f) "Sanctuary jurisdiction" means any state or locality that refuses to honor federal detainer requests or cooperate with immigration enforcement as described in Title VI.
SEC. 702. RULEMAKING AUTHORITY.
The heads of agencies authorized by this Act shall, within 12 months of enactment, promulgate regulations necessary to implement their respective responsibilities under this Act.
SEC. 703. FUNDING AND APPROPRIATIONS.
(a) There are hereby authorized to be appropriated such sums as may be necessary to carry out this Act, including startup and operational costs for the DIS, REAL, EVS, and Blue Card processing systems.
(b) Appropriations shall be made available in annual allotments to all responsible agencies, with oversight reports submitted to the Committees on the Judiciary and Homeland Security in the House and Senate.
SEC. 704. REPORTING REQUIREMENTS.
(a) The Secretary of the DIS shall submit biannual performance reports to Congress detailing: (1) Application processing metrics; (2) Blue Card issuance and adjustments; (3) REAL system
evaluations; (4) EVS compliance rates; and (5) Budget allocations and expenditures.
(b) These reports shall be made publicly available.
SEC. 705. SEVERABILITY.
If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of such provision to other persons not similarly situated shall not be affected thereby.
SEC. 706. EFFECTIVE DATES.
(a) The provisions of this Act shall take effect upon enactment unless otherwise stated.
(b) The creation and operation of the DIS, EVS, and REAL systems shall be implemented within 12 to 36 months as specified by relevant sections of this Act.
(c) Grandfather clauses shall be provided for ongoing immigration cases to avoid undue disruption.