Once the Senate passes legislation, the two bills will go to a conference committee to work out the differences. 4437 would criminalize unlawful presence; increase penalties for a variety of immigration-related crimes; expand expedited removal; broaden the definition of alien smuggling to include churches, employers, family members, and immigrant advocates; expand the definition of aggravated felony; create new grounds of deportability and inadmissibility; increase mandatory detention; militarize the border; place limitations on eligibility for naturalization; create a mandatory program under which all employers would have to verify employees' work eligibility with the federal government; and, as amended, it would require the construction of security fencing, including lights and cameras, along certain ports of entry along the U. In addition, there were several other amendments that were considered on the floor of the House. It is our hope that the Senate will come up with a more comprehensive and reasoned piece of legislation in January, and that there will be thoughtful debate during a conference between the two Chambers where practical measures that address the real issues plaguing our broken immigration system will be proposed.
A lawsuit by the South Carolina Hispanic Leadership Council and other parties against the state of South Carolina alleged the state's latest immigration law (S. The law was passed, but that provision was eliminated.
The Bill proposes 370 miles (600 km) of fencing along highly populated areas near the border; H. Also, the United States federal government would have to consult with Mexican officials before commencement of any fence construction on the U. The Bill set forth border security and enforcement provisions, including provisions respecting: (1) personnel and asset increases and enhancements; (2) a National Strategy for Border Security; (3) border security initiatives, including biometric data enhancements and a biometric entry-exit system, document integrity, and mandatory detention of aliens apprehended at or between ports of entry; and (4) Central American gangs.
The Bill also introduces a H-2C visa, or "blue card." This visa allows employers to bring in outside workers for up to 6 years, after which the employee must spend one year in their original country. The Bill does not mention any expanded role for local law enforcement for border enforcement tasks (primarily for interior enforcement) the way that H. The bill would also increase the annual cap for H-1B work visas from 65,000 to 115,000, with an automatic 20% increase year on year, thus increasing the number of information technology and other professionals from foreign countries eligible to work in the U. It also would lower the standard by which judges determine who is eligible for refugee status from "clear and convincing evidence" to "substantial evidence." It would allow illegal immigrants who later become legal to collect Social Security benefits based on social security credits earned while they were illegal. This bill has been compared to the Immigration Reform and Control Act of 1986.
Once the arrest is made, the police officer must contact federal immigration authorities and transfer the alien into their custody within a reasonable period of time.
Bear in mind that the power to arrest — and take temporary custody of — an immigration law violator is a subset of the broader power to "enforce." This is an important distinction between inherent arrest authority and 287(g) authority to enforce — which includes arresting, investigating, preparing a case, and all of the other powers exercised by BICE agents.