Border Security, Economic Opportunity, and Immigration Modernization Act

Border Security, Economic Opportunity, and Immigration Modernization Act
Shorttitle	Border Security, Economic Opportunity, and Immigration Modernization Act of 2013
Othershorttitles	S. 744
Longtitle	A bill to provide for comprehensive immigration reform and for other purposes.
Enacted by	the 113th United States Congress
Introducedin	Senate
Introducedby	Charles Schumer
Introduceddate	April 16, 2013
Committees	Senate Judiciary
Passedbody1	Senate
Passeddate1	June 27, 2013
Passedvote1	68–32
Agreedbody2	House
Agreeddate2	Not voted upon
Vetoedpresident	Not presented

Border Security, Economic Opportunity, and Immigration Modernization Act was a major piece of legislation introduced in the 113th United States Congress aimed at comprehensively reforming the Immigration and Nationality Act. The bill, designated S. 744, sought to address multiple facets of the U.S. immigration system, including enhanced border controls, a pathway to citizenship for undocumented immigrants, and revisions to legal immigration channels. It passed the United States Senate with bipartisan support but was never brought to a vote in the United States House of Representatives.

Introduction

The legislation emerged as a significant bipartisan effort following the 2012 United States presidential election, where immigration reform became a central policy priority. Spearheaded by the "Gang of Eight"—a group of four Democratic and four Republican senators including Charles Schumer, John McCain, and Marco Rubio—the bill represented the most substantial attempt at comprehensive reform since the Immigration Reform and Control Act of 1986. Its introduction was hailed by advocacy groups like the American Immigration Council and faced immediate scrutiny from organizations such as FAIR.

Background

The push for reform was fueled by decades of legislative stalemate and evolving demographic realities. Previous efforts, including the DREAM Act and the Comprehensive Immigration Reform Act of 2007, had failed in Congress. The political calculus shifted after the 2012 United States presidential election, where strong support from Hispanic and Latino Americans for President Barack Obama prompted Republican leaders like John Boehner to reconsider their stance. Key studies from institutions like the Congressional Budget Office and the Migration Policy Institute informed the bill's economic and social provisions.

Provisions

The act's provisions were extensive and multifaceted. It mandated the implementation of a Comprehensive Southern Border Security Strategy, requiring the Department of Homeland Security to achieve 90% effectiveness in apprehending unauthorized entries. It established a lengthy, multi-step pathway to citizenship for qualifying undocumented immigrants, contingent upon meeting requirements like passing a background check and paying fines. The bill also proposed eliminating the Diversity Immigrant Visa program while significantly increasing visas for high-skilled workers in fields like STEM, a priority for tech companies in Silicon Valley.

Legislative History

The bill was formally introduced by Senator Charles Schumer on April 16, 2013, and was referred to the Senate Judiciary Committee. Under the chairmanship of Senator Patrick Leahy, the committee held numerous hearings and considered over 200 amendments during a marathon markup session. It passed the full United States Senate on June 27, 2013, by a vote of 68–32, with support from most Democrats and 14 Republicans, including Lindsey Graham and Jeff Flake. However, Speaker John Boehner refused to bring it to the floor of the United States House of Representatives, citing opposition from the House Republican Conference.

Impact and Reception

The bill's passage in the Senate was celebrated by a coalition including the U.S. Chamber of Commerce, labor unions like the AFL–CIO, and immigrant rights organizations such as United We Dream. However, its failure in the House galvanized opposition groups like the Tea Party movement and lawmakers such as Senator Ted Cruz, who argued it constituted "amnesty." The debate influenced subsequent executive actions by the Obama administration, including the Deferred Action for Childhood Arrivals program, and set the contentious political framework for all future immigration discussions.

Key Components

The legislation was built around several core pillars. The border security "trigger" required measurable progress on the Mexico–United States border before the legalization process could begin, involving resources for the United States Border Patrol and technology like unmanned aerial vehicles. The Registered Provisional Immigrant program was created to provide temporary legal status. Reforms to employment-based immigration included the creation of a new W visa for lower-skilled workers, negotiated between the U.S. Chamber of Commerce and the AFL–CIO. It also included the Agricultural Job Opportunities, Benefits and Security Act (AgJOBS) to address labor needs in sectors dependent on migrant workers from countries like Guatemala and El Salvador.

Category:United States federal immigration and nationality legislation Category:113th United States Congress Category:2013 in American law