S.744 Immigration bill - Sec. 3: EFFECTIVE DATE TRIGGERS

Posted Wed, Apr 17, 2013 at 4:55 pm

    (a) Definitions- In this section:

      (1) COMMISSION- The term `Commission' means the Southern Border Security Commission established pursuant to section 4.

      (2) COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY- The term `Comprehensive Southern Border Security Strategy' means the strategy established by the Secretary pursuant to section 5(a) to achieve and maintain an effectiveness rate of 90 percent or higher in all high risk border sectors.

      (3) EFFECTIVE CONTROL- The term `effective control' means the ability to achieve and maintain, in a Border Patrol sector--

        (A) persistent surveillance; and

        (B) an effectiveness rate of 90 percent or higher.

      (4) EFFECTIVENESS RATE- The `effectiveness rate', in the case of a border sector, is the percentage calculated by dividing the number of apprehensions and turn backs in the sector during a fiscal year by the total number of illegal entries in the sector during such fiscal year.

      (5) HIGH RISK BORDER SECTOR- The term `high risk border sector' means a border sector in which more than 30,000 individuals were apprehended during the most recent fiscal year.

      (6) SOUTHERN BORDER- The term `Southern border' means the international border between the United States and Mexico.

      (7) SOUTHERN BORDER FENCING STRATEGY- The term `Southern Border Fencing Strategy' means the strategy established by the Secretary pursuant to section 5(b) that identifies where fencing, including double-layer fencing, should be deployed along the Southern border.

    (b) Border Security Goal- The Department's border security goal is to achieve and maintain effective control in high risk border sectors along the Southern border.

    (c) Triggers-

      (1) PROCESSING OF APPLICATIONS FOR REGISTERED PROVISIONAL IMMIGRANT STATUS- Not earlier than the date upon which the Secretary has submitted to Congress the Notice of Commencement of implementation of the Comprehensive Southern Border Security Strategy and the Southern Border Fencing Strategy under section 5 of this Act, the Secretary may commence processing applications for registered provisional immigrant status pursuant to section 245B of the Immigration and Nationality Act, as added by section 2101 of this Act.

      (2) ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL IMMIGRANTS-

        (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary may not adjust the status of aliens who have been granted registered provisional immigrant status, except for aliens granted agriculture card status under section 2201 of this Act or described in section 245D(b) of the Immigration and Nationality Act, until the Secretary, after consultation with the Comptroller General of the United States, submits to the President and Congress a written certification that--

          (i) the Comprehensive Southern Border Security Strategy has been submitted to Congress and is substantially deployed and substantially operational;

          (ii) the Southern Border Fencing Strategy has been submitted to Congress, implemented, and is substantially completed;

          (iii) the Secretary has implemented a mandatory employment verification system to be used by all employers to prevent unauthorized workers from obtaining employment in the United States; and

          (iv) the Secretary is using an electronic exit system at air and sea ports of entry that operates by collecting machine-readable visa or passport information from air and vessel carriers.

        (B) EXCEPTION- The Secretary shall permit registered provisional immigrants to apply for an adjustment to lawful permanent resident status if--

          (i)(I) litigation or a force majeure has prevented one or more of the conditions described in clauses (i) through (iv) of subparagraph (A) from being implemented; or

          (II) the implementation of subparagraph (A) has been held unconstitutional by the Supreme Court of the United States or the Supreme Court has granted certiorari to the litigation on the constitutionality of implementation of subparagraph (A); and

          (ii) 10 years have elapsed since the date of the enactment of this Act.

    (d) Waiver of Legal Requirements Necessary for Improvement at Borders- Notwithstanding any other provision of law, the Secretary is authorized to waive all legal requirements that the Secretary determines to be necessary to ensure expeditious construction of the barriers, roads, or other physical tactical infrastructure needed to fulfill the requirements under this section. Any determination by the Secretary under this section shall be effective upon publication in the Federal Register.

    (e) Federal Court Review-

      (1) IN GENERAL- The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary under subsection (d). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court does not have jurisdiction to hear any claim not specified in this paragraph.

      (2) TIME FOR FILING COMPLAINT- If a cause or claim under paragraph (1) is not filed within 60 days after the date of the contested action or decision by the Secretary, the claim shall be barred.

      (3) APPELLATE REVIEW- An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States.

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EFFECTIVE DATE TRIGGERS