Security Through Regularized Immigration and a Vibrant Economy Act of 2007
Encyclopedia
The Security Through Regularized Immigration and a Vibrant Economy Act of 2007 or STRIVE Act of 2007 is proposed United States
legislation
designed to address the problem of illegal immigration
, introduced into the United States House of Representatives
(H.R. 1645). Its supporters claim it would toughen border security, increase enforcement
of and criminal penalties for illegal immigration, and establish an employment verification system to identify illegal aliens working in the United States. It would also establish new programs for both illegal aliens and new immigrant workers
to achieve legal citizenship. Critics allege that the bill would turn law enforcement agencies into social welfare agencies as it would not allow CBP to detain illegal immigrants that are eligible for Z-visas and would grant amnesty to millions of illegal aliens with very few restrictions.
At the same time, the Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 was being considered in the United States Senate
, to much more public attention.
-Kennedy
Bill) struck a similar compromise.
create a verification system for employers to authenticate employees' authorization to work. The system would be implemented in phases and must include safeguards to protect privacy
and prevent employers from racial profiling
.
Title III also creates significant new civil and criminal penalties for hiring unauthorized employees.
for future immigrant workers and their families. The temporary visa would be valid for three years and renewable one-time for an additional three years. Employers may hire these new immigrant workers only if they are unable to find a qualified American worker and only if they are located in an area with an unemployment
rate lower than 10 percent for workers whose education
level is at or below a high school diploma
.
The visa program has an initial cap of 400,000, which adjusts up or down yearly based on market fluctuations.
Applicants for a H-2C visa must meet the following requirements:
It includes labor rights
and protections for new workers including:
The H-2C visa would take effect one year after the enactment of the Strive Act. Congress would be required to enact implementation regulations within six months.
Requirements for Earned Citizenship
These reforms include adjustments to annual numerical visa limits such as:
Title V also provides for special immigration benefits for victims of a major disaster or emergency. It also provides a special immigration status for women and children deemed to have a credible fear of harm in their home country.
Requirements for Conditional Nonimmigrant Status:
There is a penalty of up to five years' imprisonment for anyone who willfully falsifies information in an application for conditional nonimmigrant status.
) and eventual citizenship.
Applicants must:
Some additional features of the Earned Citizenship Program for Undocumented Individuals are:
Title VI also creates grant programs to assist new workers and to address poverty
in Mexico.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
designed to address the problem of illegal immigration
Illegal immigration
Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
, introduced into the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
(H.R. 1645). Its supporters claim it would toughen border security, increase enforcement
Code Enforcement
Code enforcement, sometimes encompassing law enforcement, is the act of enforcing a set of rules, principles, or laws and insuring observance of a system of norms or customs. An authority usually enforces a civil code, a set of rules, or a body of laws and compel those subject to their authority...
of and criminal penalties for illegal immigration, and establish an employment verification system to identify illegal aliens working in the United States. It would also establish new programs for both illegal aliens and new immigrant workers
Foreign worker
A foreign worker is a person who works in a country other than the one of which he or she is a citizen. The term migrant worker as discussed in the migrant worker page is used in a particular UN resolution as a synonym for "foreign worker"...
to achieve legal citizenship. Critics allege that the bill would turn law enforcement agencies into social welfare agencies as it would not allow CBP to detain illegal immigrants that are eligible for Z-visas and would grant amnesty to millions of illegal aliens with very few restrictions.
At the same time, the Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 was being considered in the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, to much more public attention.
- The INS is no longer in existence. With the passage of public law 107-296 in 2002 the INS was brought under Department of Homeland Security and divided into three factions assuming previously INS responsibilities: USCIS, US Customs and Border Protection, and Immigration and Citizenship Enforcement (ICE). This law would affect these three agencies.
Description
The STRIVE Act mirrors previous attempts to reach bipartisan support for immigration legislation by combining harsher enforcement policies with new programs for aliens to attain citizenship. For example, the unsuccessful 2005 Secure America Act (also known as the McCainJohn McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
-Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
Bill) struck a similar compromise.
Title I - Border Enforcement
Title I of the STRIVE Act:- Increases border security personnel
- Mandates the Department of DefenseUnited States Department of DefenseThe United States Department of Defense is the U.S...
share surveillanceSurveillanceSurveillance is the monitoring of the behavior, activities, or other changing information, usually of people. It is sometimes done in a surreptitious manner...
equipment with the Department of Homeland SecurityUnited States Department of Homeland SecurityThe United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
(DHS) to better track immigrants entering the United States illegally - Requires the DHS acquire and utilize unmanned aerial vehicleUnmanned aerial vehicleAn unmanned aerial vehicle , also known as a unmanned aircraft system , remotely piloted aircraft or unmanned aircraft, is a machine which functions either by the remote control of a navigator or pilot or autonomously, that is, as a self-directing entity...
s for border surveillance purposes - Creates new criminal penaltiesCriminal lawCriminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
for the evasion of border inspection personnel - Requires the DHS submit a comprehensive national border security strategy to CongressUnited States CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
within 6 months of the enactment of the actAct of CongressAn Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
. - Mandates the US governmentFederal government of the United StatesThe federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
to cooperate with MexicoMexicoThe United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
to address border security, human traffickingHuman traffickingHuman trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
, drug trafficking, and gangGangA gang is a group of people who, through the organization, formation, and establishment of an assemblage, share a common identity. In current usage it typically denotes a criminal organization or else a criminal affiliation. In early usage, the word gang referred to a group of workmen...
activity. - Reduces fraudFraudIn criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
by enhancing travel documents to include biometricBiometricsBiometrics As Jain & Ross point out, "the term biometric authentication is perhaps more appropriate than biometrics since the latter has been historically used in the field of statistics to refer to the analysis of biological data [36]" . consists of methods...
data - Awards grantsGrant (money)Grants are funds disbursed by one party , often a Government Department, Corporation, Foundation or Trust, to a recipient, often a nonprofit entity, educational institution, business or an individual. In order to receive a grant, some form of "Grant Writing" often referred to as either a proposal...
to local law enforcement agenciesLaw enforcement agencyIn North American English, a law enforcement agency is a government agency responsible for the enforcement of the laws.Outside North America, such organizations are called police services. In North America, some of these services are called police while others have other names In North American...
that assist border-related prosecution
Tougher criminal penalties
Title II of the STRIVE Act increases criminal penalties for crimes associated with:- gang-related activities
- failure to depart after removal
- willful failure to comply with terms of release under supervision
- illegal reentry
- drunk driving
- people smugglingPeople smugglingPeople smuggling is defined as "the facilitation, transportation, attempted transportation or illegal entry of a person or persons across an international border, in violation of one or more countries laws, either clandestinely or through deception, such as the use of fraudulent documents"...
- employing illegal aliens
- selling firearms to an illegal alien (would make this a federal crime)
- possessing firearms as an illegal alien (would make this a federal crime)
- travel document fraud
- money launderingMoney launderingMoney laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
Other provisions
Title II would also:- authorize the DHS to construct facilities to detain a combined total of 20,000 or more aliens while they await decisions on removal
- increase Immigration and Customs EnforcementU.S. Immigration and Customs EnforcementU.S. Immigration and Customs Enforcement is a federal law enforcement agency under the United States Department of Homeland Security , responsible for identifying, investigating, and dismantling vulnerabilities regarding the nation's border, economic, transportation, and infrastructure security...
agents - grants broader authority to subject aliens to expedited removal
- establishes criminal assistance program that reimburses state and local governments for pre-conviction costs for aliens charged with or convicted of crimes
- requires a determination of immigration status for all individuals charged with a federal crime
Title III – Employment Verification
Title III of the STRIVE Act mandates that the Social Security AdministrationSocial Security Administration
The United States Social Security Administration is an independent agency of the United States federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits...
create a verification system for employers to authenticate employees' authorization to work. The system would be implemented in phases and must include safeguards to protect privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
and prevent employers from racial profiling
Racial profiling
Racial profiling refers to the use of an individual’s race or ethnicity by law enforcement personnel as a key factor in deciding whether to engage in enforcement...
.
Title III also creates significant new civil and criminal penalties for hiring unauthorized employees.
Title IV – New Worker Program
Title IV of the STRIVE Act creates two programs for foreign workers to achieve temporary and permanent citizenship.H-2C Worker Visa Program
The Worker Visa Program would establish a new H-2C visaUnited States visas
United States Visas were issued to 6.6 million foreign nationals visiting the United States and to 470 thousand immigrants in 2008.A foreign national wishing to enter the U.S...
for future immigrant workers and their families. The temporary visa would be valid for three years and renewable one-time for an additional three years. Employers may hire these new immigrant workers only if they are unable to find a qualified American worker and only if they are located in an area with an unemployment
Unemployment
Unemployment , as defined by the International Labour Organization, occurs when people are without jobs and they have actively sought work within the past four weeks...
rate lower than 10 percent for workers whose education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
level is at or below a high school diploma
High school diploma
A high school diploma is a diploma awarded for the completion of high school. In the United States and Canada, it is considered the minimum education required for government jobs and higher education. An equivalent is the GED.-Past diploma styles:...
.
The visa program has an initial cap of 400,000, which adjusts up or down yearly based on market fluctuations.
Applicants for a H-2C visa must meet the following requirements:
- demonstrate job qualifications
- provide evidence of a job offer from U.S. employer
- complete criminal- and terrorism-related background checks
- pay a $500 application fee
- undergo a medical exam
- show admissibility to the U.S.
It includes labor rights
Labor rights
Labor rights or workers' rights are a group of legal rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law. In general, these rights' debates have to do with negotiating workers' pay, benefits, and safe...
and protections for new workers including:
- competitive wageWageA wage is a compensation, usually financial, received by workers in exchange for their labor.Compensation in terms of wages is given to workers and compensation in terms of salary is given to employees...
s - the same conditions and benefits as received by U.S. workers
- the ability to travel outside the United States
- whistleblowerWhistleblowerA whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...
protections - right to change employers (portability) so long as the new employer has complied with the applicable H-2C recruiting requirements
- an opportunity to apply for permanent resident status through the Earned Citizenship Program (see below)
The H-2C visa would take effect one year after the enactment of the Strive Act. Congress would be required to enact implementation regulations within six months.
Earned Citizenship
The Earned Citizenship Program provides new immigrant workers (and their spouses and children) with an opportunity to apply for conditional permanent residence and eventual citizenship.Requirements for Earned Citizenship
- work in United States for five years
- show physical presence in the U.S. and evidence of employment
- complete criminal and security background checks
- pay $500 application fee
- meet English and civic requirements
- show admissibility
Title V – Visa Reforms
Title V of the STRIVE Act makes certain reforms to the US visa system in order to increase the rate of immigration and reduce inefficiency.These reforms include adjustments to annual numerical visa limits such as:
- exempting immediate relatives from the 480,000 annual family-sponsored visa limit
- increasing the limit of annual employer sponsored visas from 140,000 to 290,000
- slightly increasing the per-country cap on family and employer sponsored visas
- exempting certain highly skilled workers from caps on H-1B visaH-1B visaThe H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101. It allows U.S. employers to temporarily employ foreign workers in specialty occupations...
s and employer-sponsored visas - exempting sons and daughters of Filipino World War II veterans from annual visa limitations
Title V also provides for special immigration benefits for victims of a major disaster or emergency. It also provides a special immigration status for women and children deemed to have a credible fear of harm in their home country.
Title VI – Legalization of Illegal Aliens
Title VI of the STRIVE Act provides two new programs for certain qualified illegal aliens to acquire citizenship. These programs mirror the ones in Title IV of the STRIVE Act, but are for illegal aliens rather than new or prospective immigrant workers.Conditional Nonimmigrant Program
The Conditional Nonimmigrant Program creates a new six-year visa for illegal aliens and their families.Requirements for Conditional Nonimmigrant Status:
- Establish continuous presence in the U.S. on or before June 1, 2006
- Verify employment in the U.S. before June 1, 2006 and employment since that date
- Complete criminal and security background checks
- Pay a $500 fine plus necessary application fees
- Must not be ineligible to receive a visa pursuant to the Immigration and Nationality Act
- Has not been convicted of a felonyFelonyA felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
or three or more misdemeanorMisdemeanorA misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s - Has not participated in the persecution of another person on account of race, religion, nationality, membership in a particular social group or political opinion
- Has not been convicted by final judgment of a particularly serious crime and there are no reasonable grounds for believing that the alien has committed a particularly serious crime abroad before arriving in the U.S.
There is a penalty of up to five years' imprisonment for anyone who willfully falsifies information in an application for conditional nonimmigrant status.
Earned Citizenship
The Earned Citizenship Program for Undocumented Individuals provides qualified conditional nonimmigrants and their families with an opportunity to apply for lawful permanent resident status (green cardUnited States Permanent Resident Card
United States lawful permanent residency refers to a person's immigration status: the person is authorized to live and work in the United States of America on a permanent basis....
) and eventual citizenship.
Applicants must:
- meet employment requirements during the six-year period immediately preceding the application for adjustment
- Pay a $1,500 fine plus application fees
- Complete criminal and security background checks
- Establish registration under the selective service (if applicable)
- Meet English and civic requirements
- Undergo a medical examination
- Pay all taxes
- Show admissibility to the U.S.
- Meet a Legal Reentry requirement during the six-year period in conditional nonimmigrant status, no later than 90 days before filing an application for adjustment to lawful permanent resident status.
Some additional features of the Earned Citizenship Program for Undocumented Individuals are:
- applicants go to the back of the line for permanent visas
- current immigrant backlogs must be cleared before qualified conditional nonimmigrant visa applicants (and their families) can adjust to permanent resident status
- new penalties for making false statements in an application for earned citizenship are created
- immigrants who adjust from a conditional nonimmigrant visa (including dependents) to lawful permanent resident status shall not be counted against the numerical visa caps
- those appealing decisions associated with the application for adjustment to permanent status have access to a defined administrative and judicial process
Other provisions
Title VI includes the following acts:- DREAM Act of 2007DREAM ActThe DREAM Act is an American legislative proposal first introduced in the Senate on August 1, 2001 and most recently reintroduced there on May 11, 2011....
- AgJOBS Act of 2007
- Strengthening American Citizenship Act of 2007
Title VI also creates grant programs to assist new workers and to address poverty
Poverty
Poverty is the lack of a certain amount of material possessions or money. Absolute poverty or destitution is inability to afford basic human needs, which commonly includes clean and fresh water, nutrition, health care, education, clothing and shelter. About 1.7 billion people are estimated to live...
in Mexico.
Title VII – Miscellaneous
The bill also would increase resources for the immigration court system, provide relief for immigrant victims of the 9-11 attacks and their families, and facilitate naturalization for members of the armed forces.External links
- NPR report on introduction of STRIVE Act in House
- Library of CongressLibrary of CongressThe Library of Congress is the research library of the United States Congress, de facto national library of the United States, and the oldest federal cultural institution in the United States. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and...
bill summary - Immigration: The Case for Amnesty