The Fair and Secure Immigration Reform Act (FSIRA)
Section 1. Short Title
This Act may be cited as the “Fair and Secure Immigration Reform Act” or FSIRA.
Section 2. Findings and Purpose
Findings:
1.1. The United States is a nation built on the contributions of immigrants who uphold its laws, embrace its language and customs, and positively contribute to the economy.
1.2. Fair but stringent requirements for lawful entry and permanent residence help safeguard national security and protect the integrity of the immigration system.
1.3. Preventing the misuse of marriage as a pathway to citizenship, addressing concerns about entry for pregnant individuals, and clarifying the status of asylum seekers are necessary for maintaining immigration integrity.
Purpose:
2.1. To establish a clear and stringent set of requirements for obtaining lawful permanent residency (Green Cards).
2.2. To provide certain pathways for expedited citizenship for those willing to serve in the U.S. military or fill critical-need positions.
2.3. To ensure that prospective immigrants demonstrate commitment to the nation through adherence to U.S. laws, English language proficiency, understanding of U.S. history, and economic self-sufficiency.
2.4. To eliminate automatic Green Card eligibility based on marriage alone, setting a minimum duration of marriage before an applicant may qualify.
2.5. To restrict entry for individuals who are pregnant until after they have given birth.
2.6. To ensure that asylum seekers are granted entry only through an approved application process and to clarify their status once conditions in their home country have changed.
Findings:
1.1. The United States is a nation built on the contributions of immigrants who uphold its laws, embrace its language and customs, and positively contribute to the economy.
1.2. Fair but stringent requirements for lawful entry and permanent residence help safeguard national security and protect the integrity of the immigration system.
1.3. Preventing the misuse of marriage as a pathway to citizenship, addressing concerns about entry for pregnant individuals, and clarifying the status of asylum seekers are necessary for maintaining immigration integrity.
Purpose:
2.1. To establish a clear and stringent set of requirements for obtaining lawful permanent residency (Green Cards).
2.2. To provide certain pathways for expedited citizenship for those willing to serve in the U.S. military or fill critical-need positions.
2.3. To ensure that prospective immigrants demonstrate commitment to the nation through adherence to U.S. laws, English language proficiency, understanding of U.S. history, and economic self-sufficiency.
2.4. To eliminate automatic Green Card eligibility based on marriage alone, setting a minimum duration of marriage before an applicant may qualify.
2.5. To restrict entry for individuals who are pregnant until after they have given birth.
2.6. To ensure that asylum seekers are granted entry only through an approved application process and to clarify their status once conditions in their home country have changed.
Section 3. Definitions
For purposes of this Act:
- Immigrant: Any foreign national seeking lawful permanent residency or citizenship in the United States.
- Major Crime: Any offense classified as a felony under federal or relevant state law, or an equivalent under the laws of another country if it would be considered a felony in the United States.
- Minor Crime: Any offense not classified as a felony, excluding infractions.
- Green Card: The commonly used term for lawful permanent resident status in the United States.
- Fast-Tracked Citizenship: An expedited process to obtain citizenship more quickly than the standard waiting periods, subject to meeting specific requirements.
- Critical-Need Fields: Occupations or specialties designated by the Department of Labor or another relevant federal agency as essential to national interests or having a demonstrable labor shortage.
- Valid Marriage for Immigration Purposes: A marriage recognized under U.S. law that has existed for no less than two (2) years before the non-citizen spouse may apply for or obtain lawful permanent resident status under this Act.
- Pregnant Individual: Any person who has been medically verified to be pregnant at the time of seeking entry into the United States.
- Asylum Seeker: A foreign national who seeks protection from persecution or danger in their home country, in accordance with U.S. asylum laws and international obligations.
Section 4. Requirements for Lawful Permanent Residency (Green Card)
Criminal Record Standard:
1.1. An applicant must not have committed any major crimes (felonies) at any time.
1.2. An applicant must have no minor crimes (misdemeanors) in the ten (10) years prior to filing for a Green Card.
English Language Proficiency:
2.1. All applicants must demonstrate the ability to read, write, and speak English at a level sufficient for everyday communication and integration into U.S. society.
Financial Self-Sufficiency:
3.1. Applicants must show proof of sufficient funds to cover personal living expenses and must provide evidence of a job offer in the United States prior to entry.
3.2. Acceptable proof includes bank statements, official job offer letters, or other documentation accepted by the Department of Homeland Security (DHS).
US History and Civics Knowledge:
4.1. Before obtaining permanent residency, applicants must pass a standard U.S. history and civics examination administered by U.S. Citizenship and Immigration Services (USCIS).
Marriage-Based Green Card Restrictions:
5.1. No individual shall automatically qualify for a Green Card solely by virtue of being married to a U.S. citizen.
5.2. A foreign spouse may become eligible for a Green Card only if the couple has been legally married for a minimum of two (2) consecutive years prior to the filing of any Green Card application.
5.3. If at any time after the two-year period and before the foreign spouse obtains citizenship, the marriage is legally terminated by divorce or annulment, the non-citizen spouse’s lawful permanent residency shall be revoked, and removal proceedings shall commence pursuant to Section 8.
Pregnancy-Related Entry Restrictions:
6.1. A pregnant individual shall not be permitted entry into the United States until after the birth of the child.
6.2. The DHS shall establish procedures for verifying pregnancy status where there is reason to believe an individual is pregnant.
Criminal Record Standard:
1.1. An applicant must not have committed any major crimes (felonies) at any time.
1.2. An applicant must have no minor crimes (misdemeanors) in the ten (10) years prior to filing for a Green Card.
English Language Proficiency:
2.1. All applicants must demonstrate the ability to read, write, and speak English at a level sufficient for everyday communication and integration into U.S. society.
Financial Self-Sufficiency:
3.1. Applicants must show proof of sufficient funds to cover personal living expenses and must provide evidence of a job offer in the United States prior to entry.
3.2. Acceptable proof includes bank statements, official job offer letters, or other documentation accepted by the Department of Homeland Security (DHS).
US History and Civics Knowledge:
4.1. Before obtaining permanent residency, applicants must pass a standard U.S. history and civics examination administered by U.S. Citizenship and Immigration Services (USCIS).
Marriage-Based Green Card Restrictions:
5.1. No individual shall automatically qualify for a Green Card solely by virtue of being married to a U.S. citizen.
5.2. A foreign spouse may become eligible for a Green Card only if the couple has been legally married for a minimum of two (2) consecutive years prior to the filing of any Green Card application.
5.3. If at any time after the two-year period and before the foreign spouse obtains citizenship, the marriage is legally terminated by divorce or annulment, the non-citizen spouse’s lawful permanent residency shall be revoked, and removal proceedings shall commence pursuant to Section 8.
Pregnancy-Related Entry Restrictions:
6.1. A pregnant individual shall not be permitted entry into the United States until after the birth of the child.
6.2. The DHS shall establish procedures for verifying pregnancy status where there is reason to believe an individual is pregnant.
Section 5. Fast-Tracked Citizenship
Military Service:
1.1. Any eligible Green Card holder who volunteers for and serves honorably in a branch of the U.S. Armed Forces for a minimum of four (4) years shall be eligible to apply for citizenship upon completion of service, subject to additional requirements under this Act and the Immigration and Nationality Act (INA).
Critical-Need Fields:
2.1. The Secretary of Labor, in consultation with the Secretary of Homeland Security, shall designate a list of occupations or specialties deemed critical-need fields.
2.2. Green Card holders employed full-time in a critical-need field for at least three (3) years may be eligible to apply for citizenship on an expedited basis, provided they meet all other criteria in this Act.
Additional Requirements:
3.1. Fast-tracked applicants must still pass a rigorous background check, maintain clean criminal records during the entire period of residence, and pass all language and civics requirements.
Military Service:
1.1. Any eligible Green Card holder who volunteers for and serves honorably in a branch of the U.S. Armed Forces for a minimum of four (4) years shall be eligible to apply for citizenship upon completion of service, subject to additional requirements under this Act and the Immigration and Nationality Act (INA).
Critical-Need Fields:
2.1. The Secretary of Labor, in consultation with the Secretary of Homeland Security, shall designate a list of occupations or specialties deemed critical-need fields.
2.2. Green Card holders employed full-time in a critical-need field for at least three (3) years may be eligible to apply for citizenship on an expedited basis, provided they meet all other criteria in this Act.
Additional Requirements:
3.1. Fast-tracked applicants must still pass a rigorous background check, maintain clean criminal records during the entire period of residence, and pass all language and civics requirements.
Section 6. Standard Waiting Period for Citizenship
- Minimum Ten-Year Residency:
1.1. Except as otherwise provided in Section 5 of this Act, Green Card holders shall wait at least ten (10) years from the date of obtaining lawful permanent residency before applying for U.S. citizenship.
1.2. During this period, the individual must remain in continuous residence in the United States and comply with all federal, state, and local laws.
1.1. Except as otherwise provided in Section 5 of this Act, Green Card holders shall wait at least ten (10) years from the date of obtaining lawful permanent residency before applying for U.S. citizenship.
1.2. During this period, the individual must remain in continuous residence in the United States and comply with all federal, state, and local laws.
Section 7. Asylum Seekers
Pre-Approval Requirement:
1.1. Any individual seeking asylum must submit an application from outside the United States. Entry is not permitted until such time as the Department of Homeland Security or an immigration court has approved the asylum application.
Temporary Protection:
2.1. Once admitted under an approved asylum status, the individual is authorized to remain in the United States only until the conditions causing them peril in their home country have been resolved or significantly improved, as determined by the Secretary of State in consultation with the Secretary of Homeland Security.
2.2. Within thirty (30) days of a formal determination that danger in the asylee’s home country has ended, the asylee must depart the United States unless the asylee has applied for and been granted a Green Card under Section 4 of this Act.
Transition to Permanent Residency:
3.1. Any asylee who wishes to remain in the United States beyond the end of their authorized protection period must meet all the requirements for lawful permanent residency, including the criminal record standard, English proficiency, and financial self-sufficiency.
Enforcement:
4.1. Failure to depart within thirty (30) days after a formal determination that the danger has ended shall subject the individual to removal proceedings under Section 8.
Pre-Approval Requirement:
1.1. Any individual seeking asylum must submit an application from outside the United States. Entry is not permitted until such time as the Department of Homeland Security or an immigration court has approved the asylum application.
Temporary Protection:
2.1. Once admitted under an approved asylum status, the individual is authorized to remain in the United States only until the conditions causing them peril in their home country have been resolved or significantly improved, as determined by the Secretary of State in consultation with the Secretary of Homeland Security.
2.2. Within thirty (30) days of a formal determination that danger in the asylee’s home country has ended, the asylee must depart the United States unless the asylee has applied for and been granted a Green Card under Section 4 of this Act.
Transition to Permanent Residency:
3.1. Any asylee who wishes to remain in the United States beyond the end of their authorized protection period must meet all the requirements for lawful permanent residency, including the criminal record standard, English proficiency, and financial self-sufficiency.
Enforcement:
4.1. Failure to depart within thirty (30) days after a formal determination that the danger has ended shall subject the individual to removal proceedings under Section 8.
Section 8. Removal Prior to Citizenship
Grounds for Removal:
1.1. Any non-citizen, including those holding a Green Card, may be subject to removal if they commit any criminal offense before they have been granted full U.S. citizenship.
1.2. If a Green Card was obtained through marriage and that marriage is dissolved prior to the grant of citizenship, the non-citizen shall be subject to removal unless they qualify for another legal status independently.
1.3. The Department of Homeland Security shall initiate removal proceedings upon conviction for a crime that demonstrates moral turpitude, or any crime for which incarceration is deemed warranted under federal or state guidelines.
Due Process:
2.1. Individuals subject to removal under this Section shall have the right to a hearing before an immigration judge, as provided by existing federal law.
Grounds for Removal:
1.1. Any non-citizen, including those holding a Green Card, may be subject to removal if they commit any criminal offense before they have been granted full U.S. citizenship.
1.2. If a Green Card was obtained through marriage and that marriage is dissolved prior to the grant of citizenship, the non-citizen shall be subject to removal unless they qualify for another legal status independently.
1.3. The Department of Homeland Security shall initiate removal proceedings upon conviction for a crime that demonstrates moral turpitude, or any crime for which incarceration is deemed warranted under federal or state guidelines.
Due Process:
2.1. Individuals subject to removal under this Section shall have the right to a hearing before an immigration judge, as provided by existing federal law.
Section 9. Enforcement
Enforcement Authority:
1.1. The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE), shall implement and enforce the provisions of this Act.
Penalties for Fraud or Misrepresentation:
2.1. Any applicant found to have willfully misrepresented or concealed material facts in their immigration applications or interviews shall be permanently barred from obtaining any immigration benefit, subject to waivers or appeals as provided by law.
Enforcement Authority:
1.1. The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE), shall implement and enforce the provisions of this Act.
Penalties for Fraud or Misrepresentation:
2.1. Any applicant found to have willfully misrepresented or concealed material facts in their immigration applications or interviews shall be permanently barred from obtaining any immigration benefit, subject to waivers or appeals as provided by law.
Section 10. Effective Date
- Implementation Period:
1.1. This Act shall take effect one hundred eighty (180) days after the date of its enactment.
1.2. The Secretary of Homeland Security shall issue any necessary regulations to implement this Act prior to the effective date.
1.1. This Act shall take effect one hundred eighty (180) days after the date of its enactment.
1.2. The Secretary of Homeland Security shall issue any necessary regulations to implement this Act prior to the effective date.
Section 11. Severability
- Invalidation of Specific Provisions:
1.1. If any provision of this Act, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this Act and its application to other persons or circumstances shall not be affected.
1.1. If any provision of this Act, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this Act and its application to other persons or circumstances shall not be affected.
