118th CONGRESS

1st Session

 

 

 

H. RES. 783

An Act that enacts immigration reform and a quota system for immigration in the United States to reduce immigration, deter immigration, grant entry to less migrants at the border while giving legitimacy to our legal immigration system that gives migrants the chance to enter and live in the United States. 

 

IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES

 

January 9, 2023

 

Sponsored & Introduced By: Rep. Ian A. Medina (D-FL) 

 

RESOLUTION

An Act that enacts immigration reform and a quota system for immigration in the United States to reduce immigration, deter immigration, grant entry to less migrants at the border while giving legitimacy to our legal immigration system that gives migrants the chance to enter and live in the United States. 

WHEREAS, immigration reform is badly needed in the United States that fixes the many flaws that our immigration system currently has; and

 

WHEREAS, Republicans contend that there is a border crisis at the Southern Border with rampant migrants seeking entry without an adequate immigration system in place that allows for legal immigration; and

 

WHEREAS, Rep. Ian A. Medina (D-FL) has empathy for immigrants since his parents are immigrants and he desires to legislate an effective immigration reform scheme that encourages legal immigration and deters illegal immigration; and

 

WHEREAS, the time has come for the United States to enact good, bulletproof immigration reform to ensure that immigrant’s rights are not violated while defending national interests in deterring immigration.

 

NOW, THEREFORE, BE IT RESOLVED, THAT THE UNITED STATES HOUSE OF REPRESENTATIVES—

 

Section 001. Cited As

This legislation can be cited as “Immigration Reform & American Immigration Quotas Act”, 84 INA §§ 001 - 136 (2023). 

 

Section 100. Legislative Authority

 

This legislation is made pursuant to the Necessary and Proper Clause of the Constitution of the United States, which reads: “The Congress  shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” U.S. Const. art. I, § 8, cl. 18 (2022). 

 

Section 101. Purpose

 

The purpose of this legislation is to enact immigration reform, reduce immigration, accept less migrants at the border, deter immigration and have a fixed, monthly, maximum number of migrants per international country to be granted entry into the United States.

 

Section 102. Immigration Reform & Quota System Scheme

 

This legislation enacts a federal law capping monthly immigration at 10,000 migrants per international country at any land border point of entry or airport point of entry. That is, 10,000 migrants per international country per one month. 

 

Section 103. Remainder Does Not Transfer or Carry Over

 

If in any given month, the number of migrants in any given country does not reach and cap out at 10,000, the remainder does not transfer or carry over to the next month. 

 

Section 104. No Entry When Quotas Met

 

All migrants seeking entry into the United States that surpass the quota in any given month will be informed of the new quota system, will be refused entry and will be amicably returned to their home country without adversarial deportation order and they can try again next month when the quotas reset. 

 

Section 105. Creation of U.S. Immigrant Quota System

 

This legislation creates the U.S. Customs & Border Protection (“CBP”) managed U.S. Immigrant Quota System to track all entries into the United States from all countries on Earth. The quota system applies to all lawful and unlawful entries into the United States. 

 

Section 106. Application

 

The quota applies to all visas, Temporary Protected Status (“TPS”) and asylum/refugee seekers. The quota does not apply to permanent legal residents and U.S. citizens when entering the United States. 

 

Section 107. Procedures

 

When an undocumented person seeks entry into the United States by land border point of entry or airport point of entry, they will be admitted depending on the amount of entries allowable and remaining in the quota system for that person’s home country. If the person has a valid visa, including business visas, they will be granted entry immediately only if there is space available in the quotas for that month. If the person does not have a visa, they will be given asylum or TPS or will be allowed to apply for a visa at the point of entry, if possible. 

 

Section 108. No Arrest Unless Crossing Illegally

 

No one at any land border point of entry and airport point of entry shall be detained, arrested nor given notice of removal proceedings unless they cross the border illegally by evading CBP and refusing to get processed. 

 

Section 109. If Denied, Can Try Again Next Month When Quotas Reset

 

A person will either enter the quota and be given temporary status (TPS or asylum/refugee) or a visa and gain entry into United States, or be denied entry because the quota is maxed out for their home country in that given month and be amicably returned to their home country and allowance is given to try again next month when the quotas reset. As such, if the quota is met for a person’s country in any given month, the person will be amicably returned to their home country without adversarial removal or deportation proceedings. In the latter case, the record shall reflect that the person was denied entry because quota was met for country X for that given month and the person was returned to their home country and advised that they can try again next month when the quota resets. 

 

Section 110. Amicable Return to Home Country of Denied Migrants

 

The Department of Homeland Security (“DHS”) will provide, as a public service, the service of returning denied migrants back to their home country either by bus or airplane chartered and paid by the government of the United States. 

 

Section 111. No Waivers or Exemptions to Immigration Quota System

 

No waivers or exemptions are available to get around the quota system. 

 

Section 112. Immigration Quota System Not Applicable to Legal Permanent Residents & U.S. Citizens 

 

The only people that can freely leave and enter the United States not subject to the quota system are legal permanent residents and U.S. Citizens. 

 

Section 113. Migrant Re-Entry

 

If an undocumented person enters the United States in any given month and gains entry because there were quota spaces left and then leaves the United States, they will have to meet the quota on the month they seek re-entry into the United States. 

 

Section 114. Collective Entry

 

If someone, for example, in a family of five (5) seeks entry into the U.S. with his/her family and there are only three (3) quota spaces left in that given month for their home country, only three (3) will be allowed inside the United States. If they wish to enter together, they must wait until the next month when the quota system resets. 

 

Section 115. First-Come, First-Served; No Holding Quota Space; Non-Transferable, Non-Delegable

 

Obtaining entry via quota is first-come, first-served. No one is allowed to hold space in the quota system for anyone else. It is non-transferable and non-delegable. 

 

Section 116. Physical Presence Required At Point of Entry

 

The person must be physically present at the border point of entry or the airport point of entry to get the assessment of the quota system for their home country and be offered or denied quota entry into the United States depending on the spots left for that given month and the person’s home country. 

 

Section 117. Time Limit On Clearing Entry Into The United States

 

After a CBP agent offers a person entry because there is space in the quota system in any given month for his/her home country, the person has forty-five (45) minutes to enter the United States legally after CPB clears the person to enter the United States and all paperwork is in order. If the person fails to clear the point of entry and enter the United States within the aforementioned allotted time, the person relinquishes the spot on the quota and the spot on the quota can be given to someone else. 

 

Section 118. Denial of Entry Into The United States For Unlawful Purpose, Unlawful Intent And/Or To Commit A Crime Herein

 

CPB can deny a person(s) a space in the quota system for good cause by a preponderance of evidence of him/her seeking entry into the United States for an unlawful purpose, with unlawful intent and/or to commit a crime herein. The CPB agent handling the file has sole discretion to deny anyone regardless if there is space in the quota system on the foregoing grounds only after another CPB agent concurs and signs off on the denial. If both CBP agents recommend denial of entry, then the person shall be denied entry and be returned to his/her home country on deportation order. If one agent recommends entry and the other agent recommends denial of entry, this triggers a quasi-adjudicative internal procedure where a supervisor of CBP or the Chief of CBP, if available, makes a final determination of entry taking into consideration the evidence of the person seeking entry into the United States with unlawful purpose, unlawful intent and/or to commit a crime herein, the person’s defense(s), if any, and the subordinate CPB agent’s determinations and recommendations. A person denied entry by CPB after evidence of seeking entry into the United States for an unlawful purpose, with unlawful intent and/or to commit a crime herein cannot seek re-entry into the United States for ten (10) years. This is appealable to the Board of Immigration Appeals, but the person shall still be deported and returned to his/her home country immediately on removal order. 

 

Section 119. Recorded File

 

Everything shall be recorded on CBP’s current system and synced with the new U.S. Immigration Quota System. 

 

Section 120. Processing 

 

All persons granted entry into the United States shall be photographed, fingerprinted and searched. 

 

Section 121. Food & Drink While Migrant Waits

 

Persons waiting for paperwork to get done or waiting for processing shall be offered a beverage from Starbucks and sandwich from Starbucks (one beverage and one sandwich per person per 6 hours). After 6 hours waiting, the person will be offered another beverage and sandwich from Starbucks. 

 

Section 122. ICE Reinforcement for Lengthy Processing Times

 

If at any point, processing is taking too long and migrants are waiting in excess of 12 hours or more, CBP shall contact ICE for support in efficiently managing and processing to speed turnaround times. 

 

Section 123. Migrants With Attorney Representation Can Call To Claim Spot On Quota

 

Attorneys wishing to save a quota spot for their undocumented clients that will be entering the United States either undocumented or with a visa will be allowed to call-in to CPB and claim a spot on the quota three (3) months before the person is set to seek entry into the United States. No quotas can be saved or claimed more than three (3) months in advance for anyone. People without an attorney cannot call-in to save or claim a spot in the quota in advance and must be physically present at a land border point of entry or airport point of entry to get a spot in the quota system for entry into the United States. 

 

Section 124. Applies To All Land Border Points Of Entries & Airport Points Of Entries

 

This legislation applies to all land border points of entries by foot and by car. It also applies to all airport points of entries. 

 

Section 125. Special Attention To Asylum/Refugee Seekers

 

This legislation mandates that all CBP agents pay special attention and take special care of migrants with TPS and/or asylum since they have been going through hardship. Make sure all CBP agents have resources of information in the city where the point of entry is (e.g., churches, shelters, temporary living facilities, hospitals, food banks, soup kitchens) available to disseminate to them easily in all languages. 

 

Section 126. Migrant Without Identification Documents - Procedure

 

If a migrant has no identification documents, they must prove their identity satisfactorily to the CBP agent handling the file. If they claim to be American, providing name and date of birth or social security number to look them up in the nationwide system suffices to grant them entry if the person matches the picture on the database. If the person without identification is a migrant, they must provide explanation, such as the government is persecuting me so much they took away my identification documents, I lost it, it got stolen, etc. and evidence, such as bus tickets with name, airplane tickets with name, school report card with name, college transcripts with name, tattoos with name on it, jewelry with name engraved, third-party affirmation as to validity of person’s identification, social media accounts, etc. If the undocumented person without identification provided satisfactory evidence as to his/her identification as determined by the CBP agent handling the file, the CBP agent shall recommend identifying the person. Another CBP agent must hear the case of identification, view all evidence and hear all explanations before issuing a recommendation of identification. If both CBP agents recommend that the migrant’s identification is proven, then CBP will issue an identification document. If the first CBP agent recommends that the identification of the migrant is proven, but the second CBP agent recommends that the identification of the migrant is unproven, this triggers a quasi-adjudicative internal process where the CBP supervisor or the Chief of CBP, if available, reviews the file and makes his/her own determination, which shall be the final determination.

 

Section 127. Migrants Coming By Sea Included

 

In special circumstances of migrants swimming to the United States or coming on a boat/vessel, the U.S. Coast Guard shall notify CBP immediately and both shall rescue them, provide them medical attention, give them food and water, and then take them to the nearest CBP office where they can be processed and granted entry or denied entry pursuant to the quota system expressed herein based on the migrant’s home country's quota number. 

 

Section 128. Surveillance Towers To Identify Illegal Crossings & Apprehend Migrant

 

This legislation provides funding to build and erect surveillance towers at the Southern Border of the United States to identify, target and apprehend migrants that enter illegally and refuse to go through a point of entry. This legislation effectively combats illegal immigration since migrants that evade points of entry and processing by CBP are either hiding something, have unlawful intent, want to commit a crime herein and/or are ineligible to enter the United States lawfully. There shall be towers spanning all of the Southern Border. Every 500 ft. there shall be a surveillance tower with four (4) CBP agents with high-grade surveillance gear, such as high-powered binoculars, thermogenic goggles, night vision goggles, etc. One (1) CBP agent shall face northwards, one (1) CBP agent shall face southwards, one (1) CBP agent shall face eastward and one (1) CBP agent shall face westward. When a CBP agent in the surveillance towers identifies an illegal migrant crossing into the United States without processing, the CBP agent shall immediately notify field CBP agents of the location, heading in what direction, clothing characteristics and other identifying marks for apprehension and immediate deportation. The surveillance towers shall be numbered, so that CBP field agents know exactly where the illegal crossing is happening when it is radioed in. There shall be two (2) CBP vehicles with six (6) field CBP agents at the bottom of each surveillance tower ready to intercept and apprehend the illegal migrant. Any migrant that evades points of entry and refuses to undergo processing by CBP and crosses illegally shall be placed in immediate removal proceedings for deportation and will be ineligible to gain entry in the United States for ten (10) years.

Section 129. No Inferred Rights, Privileges, Immunities And/Or Benefits

 

Nothing in this chapter shall be inferred to confer any rights, privileges, immunities and/or benefits, neither actually nor constructively to any person or entity except as expressed herein. 

 

Section 130. Reservation of all Rights, Privileges, Immunities And/Or Benefits

 

The Congress of the United States of America reserves all rights, privileges, immunities and/or benefits available at law regarding this legislation. 

 

Section 131. Subsequent Jurisprudence Barred By Political Question Doctrine 

 

Any case and/or controversy arising out of this legislation against any party is barred by political question doctrine. U.S. Const. art. III, § 2, c. 1. 

 

Section 132. Legislative Immunity

 

Any case and/or controversy arising out of this legislation against any member of Congress is barred by the Speech or Debate Clause of the Constitution of the United States of America. U.S. Const. art. I, § 6, c. 1. 

 

Section 133. Federal Preemption

 

This legislation hereby preempts the states and any cases/controversies arising in state government is preempted by the Supremacy Clause of the Constitution of the United States of America. U.S. Const. art. VI, c. 2. 

 

Section 134. Repeal of Old, Previous Legislation

 

Any state and/or federal legislation contrary to this legislation are hereby repealed, disused, voided and rendered invalid. Thus, this legislation shall replace the old, previous legislation that is in full force and effect. 

 

Section 135. Antagonistic Jurisprudence

 

Any antagonistic jurisprudence contrary to this legislation is hereby rendered moot, repealed, disused, voided and rendered invalid. Thus, this legislation shall replace the antagonistic jurisprudence that is in full force and effect.

 

Section 136. Subsequent Legislation

 

Any subsequent legislation, except a duly made amendment to this legislation by concurrence of a majority of each chamber of Congress, is of no valid force and effect. 

 

Sponsored By Rep. Ian A. Medina (D-FL): 01/09/2023

 

Passes U.S. House:

 

Passes U.S. Senate:

 

Signed Into Law By President Joseph R. Biden: