The Secure America and Orderly Immigration Act of 2005:
McCain-Kennedy-Kolbe-Flake-Gutierrez Bill at a Glance
5/12/2005
Title I: Border Security
Requires the development and implementation of border security initiatives, including information-sharing, international and federal-state-local coordination, technology, anti-smuggling, and other actions to secure the borders
Establishes a Border Security Advisory Committee made up of various stakeholders in the border region to provide recommendations to the Department of Homeland Security regarding border enforcement
Encourages the development of multilateral partnerships to establish a North American security perimeter and improve border security south of Mexico
Title II: State Criminal Alien Assistance
Reauthorizes the State Criminal Alien Assistance Program that provides reimbursement to state and local governments for incarcerating undocumented alien
s convicted of crimes
Allows for funding to pay for additional criminal justice costs associated with undocumented immigrants charged or convicted of crimes
Title III: Essential Worker Visa Program
Creates a new temporary visa to allow foreign workers to enter and fill available jobs that require few or no skills (the H-5A visa)
Applicants must show that they have a job waiting in the U.S., pay a fee of $500 in addition to application fees, and clear all security, medical, and other checks
Requires updating of America’s Job Bank to make sure job opportunities are seen first by American workers
Initial cap on H-5A visas is set at 400,000, but the annual limit will be gradually adjusted up or down based on demand in subsequent years
Visa is valid for three years, and can be renewed one time for a total of 6 years; at the end of the visa period the worker either has to return home or be in the pipeline for a green card
Visa is portable, but if the worker loses his job he has to find another one within 60 days or return home
Ensures that employers hiring temporary workers abide by applicable Federal, state and local labor, employment and tax laws
Prohibits the hiring of temporary workers as independent contractors
Protects temporary workers from abuse by foreign labor contractors or employers
Gives temporary workers and U.S. workers remedies for violations of their rights
An employer can sponsor the H-5A visa holder for a green card, or after accumulating four years of work in H-5A status, the worker can apply to adjust status on his/her own
Sets up a task force to evaluate the H-5A program and recommend improvements
Title IV: Enforcement
Creates a new electronic work authorization system that will ultimately replace the paper-based, fraud-prone I-9 system, to be phased in gradually
When operational, the system will be applied universally and cannot be used to discriminate against job applicants
Individuals will have the right to review and correct their own records; data privacy protections are in place
Immigration-related documents and US-VISIT will be upgraded to require biometric verification of travelers
The Department of Labor will have new authority to conduct random audits of employers and ensure compliance with labor laws; also includes new worker protections and enhanced fines for illegal employment practices
TITLE V: Promoting Circular Migration Patterns
Requires foreign countries to enter into migration agreements with the U.S. that help control the flow of their citizens to jobs in the U.S., with emphasis on encouraging the re-integration of citizens returning home
Encourages the U.S. government to partner with Mexico to promote economic opportunity back home and reduce the pressure to immigrate to the U.S.
Encourages the U.S. government to partner with Mexico on health care access so that the U.S. is not unfairly impacted with the costs of administering health care to Mexican nationals
Title VI: Family Unity and Backlog Reduction
Immediate relatives of U.S. citizens are not counted against the 480,000 annual cap on family-sponsored green cards, thereby providing additional visas to the family preference categories
The current per-country limit on green cards is raised slightly to clear up backlogs
Income requirements for sponsoring a family member for a green card are changed from 125% of the federal poverty guidelines to 100%, and other obstacles are removed to ensure fairness
The employment-based categories are revised to provide additional visas for employers who need to hire permanent workers, and the annual cap is raised from 140,000 to 290,000
Immigrant visas lost due to processing delays are recaptured for future allotments
Title VII: Adjustment of Status for H-5B Non-Immigrants
Undocumented immigrants in the U.S. on date of introduction can register for a temporary visa (H-5B), valid for six years
Applicants have to show work history, clean criminal record, and that they are not a security problem to be eligible for a temporary visa
They will receive work and travel authorization
Their spouses and children are also eligible
In order to qualify for permanent status, workers will have to meet a future work requirement, clear additional security/background checks, pay substantial fines and application fees ($2000 or more per adult) as well as back taxes, and meet English/civics requirements
Title VIII: Protection Against Immigration Fraud
Attempts to eliminate the exploitation of immigrants by notarios or other unlicensed immigration law practitioners by imposing new legal requirements on such individuals
Allows immigrants defrauded by unauthorized legal representatives to file actions against their perpetrators
Title IX: Civics Integration
Creates a public-private foundation under the USCIS Office of Citizenship to support programs that promote citizenship and to fund civics and English language instruction for immigrants
Provides for new money to fund civic and English language instruction for immigrants
Title X: Promoting Access to Health Care
Extends the authorization of federal reimbursements for hospitals that provide emergency care to undocumented immigrants; includes H-5A and H-5B workers in the program
Title XI: Miscellaneous
Distributes the fees and fines paid by H-5A and H-5B workers among the DHS and DOS for processing, DHS for border security efforts, DOL for enforcement of labor laws, SSA for development of the employment eligibility confirmation system, hospitals to pay for uncompensated health care, and the USCIS Office of Citizenship for civic integration and English classes
Requires the dissemination of information related to the provisions of this legislation
Includes anti-discrimination protections for H-5A and H-5B visa holders
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