Summary of Frist Bill

March 17, 2006

As threatened, Senate Majority Leader Bill Frist introduced his own immigration legislation. Here’s a quick summary prepared by the National Immigration Forum, with some comparison with Senate Judiciary chair Specter’s bill and its markup.

Title IBorder Enforcement (a variation of the chairman’s mark)

Enforcement personnel
Technological assets
Border infrastructure
Border patrol checkpoints
Ports of entry
Strategic fencing

Title II,Part B

Surveillance Plan
National Strategy for Border Security
Reports on exchange of information on N. American security
Improving Security of Mexico’s S. Border

Title II,Part C

Biometric data enhancements
Secure communication
Border patrol training capacity review
USVISIT system
Document Fraud Detection
Improved Document Integrity
Cancellation of Visas
Biometric Entry-Exit System
Border Study
Secure Border Initiative Financial Accountability (new; may have been an amendment)

Title IIInterior Enforcement (same or similar to Specter’s Mark; also includes punitiveamendments passed in committee)

Removal and denial of benefits to terrorists (“described in” provisions)
Detention and removal of aliens ordered removed (indefinite detention)
Expansion of aggravated felony (drunken driving, passport fraud offenses, two counts of illegal presence, etc.)
Terrorist bars (changes to good moral character definition; natz reform/gutting court review of natz delays/denials)
Increase criminal penalties for gang violence, etc.
Expansion of Alien Smuggling definition (includes the extremely limited religious/501(c)(3) exception)
Denial of visas to nationals of country denying or delaying accepting alien (Coburn amendment)
Illegal entry and unlawful presence: criminalization of unlawful presence
Illegal entry- increased penalties for reentry after removal
Passport and document related fraud: expansion of penalties, types of offenses, etc.
Incarceration of criminal aliens beyond their criminal sentence
Voluntary Departure “Reform”
SCAAP- reimbursements
State and local law enforcement of immigration laws
Mandatory detention of aliens at or between ports of entry
Expedited removal (this is the language that amends section 238 plus a mandate to implement ER to OTMS caught within 100 miles…)
Denial of benefits to certain sex offenders
NCIC Database Expansion

Title IIIUnlawful Employment of Aliens

Unlawful employment of aliens
Employer compliance fund
Additional worksite enforcement and fraud detection agents

Title IVBacklog Reduction and Visas for Students and Aliens with Advanced Degrees (Sameof Similar to Chairman’s Mark- pulls from titles IV and V of the Mark)

Elimination of existing backlogs- increases FB and EB visas in the same manner as the Mark
Country limits
Allocation of immigrant visas (reallocation of family and employment based visas)
Relief for minor children
Student visas (allows for dual intent, increased flexibility to work, path to LPR.)
Visas for individuals with advanced degrees- exempts select aliens from numerical caps
Medical services in underserved areas

Title VImmigration Litigation Reduction (Part of the Chairman’s Mark; guts some of thepositive reforms to EOIR)

Consolidation of immigration appeals
Additional immigration personnel
BIA removal order authority
Judicial review visa revocation- guts review
Reinstatement of removal orders- guts review
Withholding of removal- imports REAL ID standard of asylum (at least one central reason) into withholding definition
Certificate of reviewability- gives one person authority to reject or accept an appeal
Discretionary decisions on motions to reopen or reconsider
Prohibition of attorney fee awards for review of final orders of removal
Board of Immigration Appeals-

Title VI Misc.