Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 facts for kids
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| Full title | To provide for comprehensive immigration reform and for other purposes. |
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| Colloquial name(s) | The "immigration bill", the "Gang of Eight Bill" |
| Introduced in | 113th United States Congress |
| Introduced on | April 16, 2013 |
| Sponsored by | Chuck Schumer (D-NY) |
| Effects and codifications | |
| Act(s) affected | Immigration and Nationality Act, Social Security Act, Internal Revenue Code of 1986, Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Refugee Crisis in Iraq Act of 2007 and others. |
| U.S.C. section(s) affected | 8 U.S.C. § 1101, 8 U.S.C. § 1184, 8 U.S.C. § 1182, 8 U.S.C. § 1153, 8 U.S.C. § 1324a, and others. |
| Agencies affected | U.S. Securities and Exchange Commission, Social Security Administration, Bureau of Labor Statistics, National Science Foundation, Army National Guard, United States Sentencing Commission, International Development Association, Transportation Security Administration, United States Department of Justice, Office of the Inspector General, United States Department of Agriculture, Bureau of Consular Affairs, Government Accountability Office, United States House of Representatives, United States Agency for International Development, Federal Mediation and Conciliation Service (United States), General Services Administration, Department of Homeland Security Office of Inspector General, Internal Revenue Service, National Archives and Records Administration, Federal Aviation Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Forest Service, U.S. Customs and Border Protection, Office of Inspector General, National Park Service, International Organization for Migration, Legal Services Corporation, Executive Office for Immigration Review, United States Citizenship and Immigration Services, Comptroller General of the United States, Executive Office of the President, United States Department of Veterans Affairs, U.S. Immigration and Customs Enforcement, Federal Judicial Center, United States Department of Labor, United States Congress, Farm Service Agency, Office of Management and Budget, Director of National Intelligence, United States Department of Energy, United States Department of State, United States Department of Commerce, Under Secretary of Homeland Security for Science and Technology, Federal Bureau of Investigation, United States Department of Transportation, Drug Enforcement Administration, United States Department of the Treasury, United States Department of the Interior, International Bank for Reconstruction and Development, United States Department of Education, Department of Health and Human Services, United States Department of Defense, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Department of Homeland Security, Small Business Administration, Office of the United States Trade Representative, Supreme Court of the United States, Department of Housing and Urban Development, Bureau of the Census, United States Senate |
| Authorizations of appropriations | At least $1,970,500,000 with an additional unlimited amount |
| Appropriations | At least $62,020,000,000 with an additional unlimited amount |
| Legislative history | |
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The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (Bill S.744) was a proposed law in the United States. It aimed to change how immigration works. Senator Chuck Schumer from New York introduced the bill in the United States Senate.
This bill was written and supported by a group of eight senators, four from each major political party. This group was known as the "Gang of Eight". The bill was introduced on April 16, 2013.
The United States Senate Committee on the Judiciary discussed the bill in April 2013. The Senate passed the bill on June 27, 2013, with a vote of 68 to 32. However, the bill was never voted on by the United States House of Representatives. Because of this, it did not become a law.
If the bill had passed, it would have allowed many people living in the U.S. without legal permission to gain legal status. It also planned to make the border more secure by adding up to 40,000 border patrol agents. The bill also wanted to make it easier for skilled workers to come to the U.S. through a new "points-based" system.
The bill also suggested new types of visas. These included a visa for people who wanted to start businesses (entrepreneurs) and a "W visa" for workers with lower skills. It also aimed to prevent misuse of the H1B visa program. More visas or green cards would have been given to students with degrees in science, technology, engineering, and math (STEM) from U.S. schools.
Experts from the non-partisan Congressional Budget Office estimated that this bill would have reduced the U.S. government's debt. They thought it could save $197 billion over 10 years. The Social Security Administration also believed it would bring in more money.
Contents
What the Immigration Bill Proposed
This bill would have made big changes to U.S. immigration laws. It aimed to create a way for about 11 million people living in the U.S. without legal permission to become legal residents. This would happen alongside efforts to make the border more secure.
The bill would have offered a path to U.S. citizenship for people who had lived in the U.S. since before December 31, 2011. These individuals would apply for a new status called "Registered Provisional Immigrant." To get this status, they would need to:
- Pay a fine and other fees.
- Pay any unpaid taxes.
- Pass a background check.
- Not have a serious criminal record.
The bill also included parts of the DREAM Act and the AgJOBS Act. People with Registered Provisional Immigrant status could apply for a green card (legal permanent resident status). This would happen if strict border security goals were met. These goals included:
- Increasing the number of U.S. Customs and Border Protection (CBP) agents.
- Building a double fence along parts of the U.S.-Mexico border.
- Stopping 90% of illegal border crossings.
The bill also planned to change how visas are given out. It would have introduced a "merit-based" visa system. This system would give points for education, work history, and other contributions.
Other important parts of the bill included:
- Removing country limits on green cards. This would help reduce long waiting times for people from some countries.
- Creating a new INVEST visa. This would make it easier for foreign entrepreneurs to start companies in the U.S.
- Adding up to 25,000 more visas or green cards for foreign students. These would be for those with advanced degrees in STEM.
- Creating a W visa for temporary workers with lower skills.
- Expanding the use of E-Verify. This system helps businesses check if their workers can legally work in the U.S.
- Changing the H-2A visa program for farm workers. It would be replaced with a new "blue card" for immigrants.
- Increasing the number of H1B visas. It would also add rules to prevent companies from misusing the program.
- Allowing immigrants brought to the U.S. as children to apply for provisional status. They could then become legal permanent residents after five years.
- Moving green cards from the Diversity Visa Lottery program to skilled immigrants.
- Creating a program to help low-income American youth find jobs.
Why the Bill Was Needed
The bill included reasons why these changes were important. These reasons, called "congressional findings," stated that:
- The U.S. has a right and duty to keep its borders safe.
- The U.S. will continue to welcome immigrants.
- The U.S. needs a fair and effective immigration system.
- The U.S. should manage the flow of legal immigration.
- Illegal immigration can be a threat to national security and must be stopped.
How the Bill Moved Through Congress
In the Senate
The Border Security, Economic Opportunity, and Immigration Modernization Act was created by the "Gang of Eight". This group included four Republicans and four Democrats:
- Michael Bennet (D-CO)
- Dick Durbin (D-IL)
- Jeff Flake (R-AZ)
- Lindsey Graham (R-SC)
- John McCain (R-AZ)
- Bob Menendez (D-NJ)
- Marco Rubio (R-FL)
- Chuck Schumer (D-NY)
Senator Schumer introduced the bill (S. 744) in the Senate on April 16, 2013. The other seven members of the Gang of Eight supported it.
The bill was sent to the United States Senate Committee on the Judiciary. This committee held meetings to discuss and make changes to the bill in April and May 2013. On May 21, the committee approved the bill.
Other committees also held discussions about the bill. These included the United States Senate Committee on Homeland Security and Governmental Affairs and the United States Senate Committee on Small Business and Entrepreneurship.
On June 7, 2013, Senator Patrick Leahy released a report about the bill. This report explained why the new immigration law was needed. It also included summaries of the bill and opinions from committee members.
On June 11, 2013, the Senate voted to begin debating the bill. The vote was 84 to 15. The Senate discussed the bill for several days in June. During this time, it was sent back to the Judiciary Committee twice for changes.
On June 24, 2013, the Senate approved a change to the bill. This change added money for high-tech surveillance equipment and doubled the number of border agents to about 40,000.
Finally, on June 27, 2013, the Senate passed the bill. The vote was 68 to 32. All Democrats and two Independents voted for it, along with 14 Republicans.
After the Senate Vote
Even though the Senate passed the bill, the United States House of Representatives did not vote on it. Many conservative Republicans in the House were against it. Speaker John Boehner said the House would not vote on this bill.
House Republicans preferred to deal with immigration reform in smaller, separate bills. They did not want one big bill. They also wanted to focus on border security first, without offering a path to citizenship.
Senator Chuck Schumer argued that passing smaller bills would not work. He said Democrats would not support a bill focused only on enforcement without a path to citizenship. Former Florida governor Jeb Bush also urged the House to pass a full immigration bill.
Since Congress did not pass a "comprehensive fix," President Barack Obama took action. On November 20, 2014, he announced executive actions. These actions aimed to make the immigration system fairer. They included a program that would allow many undocumented immigrants to legally stay and work in the U.S. However, these actions were later challenged in court.
Key Parts of the Bill
Border Security Plans
The bill's first section focused on making the U.S. border more secure. It set a goal to stop 90% of illegal immigrants trying to cross the border in "High Risk Border Sectors." These are areas where more than 30,000 people cross each year.
To achieve this, the bill planned to:
- Add 3,500 more CBP officers by 2017.
- Allow the National Guard to help with border security.
- Fund more surveillance and technology.
- Provide money to build a border fence.
After the bill became law, the United States Department of Homeland Security (DHS) would have 180 days to create two reports:
- A "Comprehensive Southern Border Security Strategy": This plan would explain how DHS would control high-risk areas along the U.S.-Mexico border. Congress would give DHS $3 billion for this plan.
- A "Southern Border Fencing Strategy": This plan would identify where fences, including double fences, and technology should be placed. Congress would give DHS $1.5 billion for this.
The bill specifically focused on three high-risk areas: Tucson (Arizona), and Rio Grande and Laredo (Texas). The main goal was to stop new illegal immigration.
New Status for Immigrants Already Here
This part of the bill focused on changing the legal status of undocumented immigrants already in the U.S. It created a new status called "Registered Provisional Immigrant" (RPI). It also explained who could get this status and who could not.
To be eligible, immigrants must have lived in the U.S. since before December 31, 2011. They also had to be physically present since then. They would need to pay a $500 penalty fee, pay taxes, and cover application costs.
People would not be eligible if they had been convicted of:
- A serious crime (aggravated felony).
- Any felony.
- Three or more misdemeanors.
- Certain crimes under foreign law.
- Unlawfully voting.
- Or if they were considered a risk for national security or public health.
Other important points:
- Spouses and children of RPIs could also apply if they were in the U.S.
- RPIs could work for any employer and travel outside the U.S.
- The RPI status would last for six years and could be renewed. Another $500 fee would apply for renewal.
- RPIs would not be eligible for certain federal public benefits.
- After 10 years, RPIs could apply for a green card (Lawful Permanent Resident Status). This would happen if they met certain conditions. These included paying all taxes, working regularly, and knowing Civics and English. Also, all people waiting for family and employment green cards would need to have their applications processed. A $1,000 penalty fee would also apply.
The DREAM Act
A special part of the bill, called the DREAM Act, focused on young immigrants. It would allow undocumented immigrants who came to the U.S. as children to adjust their status. They would need to have arrived before age 16 and been RPIs for at least five years. They also needed to have earned a high school diploma or GED, or attended college, or served in the military. These young people could get their green cards in five years and apply for citizenship soon after.
Agricultural Worker Program
Another key part of the bill was the agricultural worker program. This program had two main parts: a "Blue Card" status and a nonimmigrant agricultural visa program (guest worker program).
Blue Card Status
The Blue Card program would offer a temporary legal status. It was similar to the Registered Provisional Immigrant status. It would be for undocumented immigrants who could show they had worked in agriculture in the U.S. for a certain time. Workers with this status could later apply for a green card if they met specific conditions.
Nonimmigrant Agricultural Visa Program
This would be a new guest worker program for agriculture. It would replace the old H-2A program. This new program would allow more workers and make changes like allowing "permanent" guest workers. This means workers could move between employers as seasons change, instead of needing a new visa for each job. The bill also aimed to improve worker protections and raise minimum wages for farm workers.
Changes to Future Immigration
This section aimed to change how legal immigration would work in the future. It included rules about family members coming to the U.S., merit-based systems, and work visas.
The bill would make many changes to the current immigration system. These included:
- Ending the diversity visa program.
- Changing rules for family-based visas. For example, it would stop allowing U.S. citizens to sponsor their siblings for visas after 18 months.
- Allowing future worker visa numbers to change based on economic conditions.
The bill also created "merit-based" visas. These visas would be given based on a point system. Points would be awarded for education, involvement in society, starting businesses, and other factors. The goal was to bring in talented individuals.
The overall goal of these changes was to have more control over future immigration numbers and types of immigrants. It also aimed to increase the number of employment-based and merit-based visas, while reducing the share of family-based visas.
E-Verify System
E-Verify is an online system that helps businesses check if their employees can legally work in the United States. The bill would have required all employers to use E-Verify. This would be phased in over five years, starting with larger companies.
The E-Verify system would also be improved. One change was a photo matching system. All employees, including U.S. citizens, would need to show a photo ID. Their employer would then compare this photo to one in the E-Verify database. The bill also allowed people to "lock" their Social Security numbers. This would help prevent others from using their number illegally.
Reactions to the Bill
E-Verify Concerns
The E-Verify system was a controversial part of the bill. Critics, like the American Civil Liberties Union, worried that it would change the relationship between people and the government. They argued that it would force everyone to get government permission to work. They also had concerns about:
- Possible misuse or hacking of the databases.
- Errors that could wrongly prevent people from being hired.
- The U.S. moving closer to having a national ID card.
Money Matters
A study by the Heritage Foundation claimed the bill would cost the U.S. government $6.3 trillion. However, this study was widely criticized. Tim Kane, a former Heritage Foundation scholar, said the estimates were unbelievable.
In contrast, the nonpartisan Congressional Budget Office found that the bill would actually save money. They estimated it would save $175 billion over 10 years.
