Republican Senator Proposes Major Overhaul of U.S. Immigration System

Introduction

Republican Senator Tommy Tuberville has put forward a comprehensive proposal aimed at significantly changing the U.S. legal immigration system. The plan involves removing the Diversity Visa Lottery, limiting several family-based routes to permanent residence, and introducing a points-based system for employment-based green cards.

The Americans First Immigration Act

The proposed Americans First Immigration Act seeks to implement dramatic changes in legal immigration policy. Key changes include eliminating green card access for parents of U.S. citizens and some other family categories. The act would introduce a new criteria system for employment-based immigrants, evaluating salary, education, English proficiency, age, military service, and exceptional achievement.

Introduced in the Senate by Tuberville of Alabama, the proposal builds on a House version initiated in April by Republican Representative Barry Moore of Alabama, co-sponsored by Representatives Glenn Grothman, Wesley Hunt, and Troy Nehls. While retaining the core framework, Tuberville’s Senate version adds extra immigration attestations, stricter penalties for certain employer violations, and revised transition protocols for current immigrants.

Impacts on Green Card Acquisition

The proposed legislation would make obtaining green cards more challenging for many immigrants by eliminating various existing pathways based on family and employment. Applicants seeking employment-based green cards would need to meet new standards, including salary, English proficiency, and age.

According to Tuberville, the present immigration system lacks adequate evaluation of incoming individuals, asserting, “Coming to the United States is a privilege, and we need to ensure that anyone immigrating to our country is willing to go by our laws and contribute to society.” He emphasizes the necessity to prioritize workers willing to assimilate and embrace American values.

Changes to Visa Categories

The legislation plans to scrap the Diversity Visa Lottery, substituting it with an annual allocation of 3,000 immigrant visas for religious workers. Diversity visas would no longer be issued following enactment.

The bill proposes removing parents from the immediate-relative category for U.S. citizens, maintaining spouses and children in this classification, and eliminating several existing family-preference categories. Pending petitions in the affected family categories could not be approved. Conversely, approved petitions before enactment would be subjected to transition rules limiting visa issuance numbers.

Employment-Based Points System

Replacing existing employment-based green card categories with a competitive points system is another central element of the proposal. It starts an annual worldwide level of 192,000 visas, set to decrease based on the count of individuals released or undetained despite mandate.

Applicants must secure a U.S. job offer, earn at least 16 points, demonstrate English proficiency scoring at least at the fifth decile, and be aged between 18 and 51 when applying. The mandatory salary should be 200 percent of the state’s median wage or 150 percent should the applicant possess a specified U.S. institution degree.

The Department of Homeland Security (DHS) would order eligible candidates based on points. Higher salaries, U.S. STEM doctorates, or medical degrees could award up to 35 points. Points are also granted dealing with English proficiency, age, military service, and extraordinary accomplishment.

Employer Regulations and Conditional Green Cards

Under the bill, employers must establish they initially sought U.S. workers, ready to offer the role to an American applicant deemed equally or better qualified. Restrictions apply involving layoffs among U.S. workers in similar positions.

Civil penalties rise to $25,000 for deliberate violations, reaching $50,000 should the violation result in laying off a U.S. worker. Persistent noncompliance may lead to fines beginning at $250,000, six-month imprisonment, or both.

Selected immigrants via the points system and eligible families would initially acquire conditional permanent residence. During a two-year conditional period, principal immigrants risk losing status due to means-tested public benefits, criminal convictions, or failing employment criteria, affecting dependent spouses and children.

Additional Requirements and Changes

The legislation requires immigrants to agree to a “Protection of American Values” attestation, affirming constitutional attachment and addressing specified misconduct including genocide, persecution, and domestic violence.

The Senate version broadens the House proposal, increasing employer violation penalties from $15,000 to $25,000, establishing criminal penalties for habitual noncompliance. Differing from the House bill, DHS discretion on extraordinary ability points stands at 25.

Moreover, the Senate proposal mandates non-lawful permanent residents to pay postsecondary institutions equivalent costs paid by out-of-state students. A breach can cause institutions to lose approval for covered foreign students entering for courses lasting five years.

Current Administration’s Approach

The Trump administration has independently moved to reinforce legal and humanitarian immigration, reducing refugee admissions and scrutinizing green card applicants. The administration has also reversed the Biden-era public charge regulation, broadening factors for evaluating dependency potential on government benefits, impacting permanent residence eligibility.

Representative Barry Moore voiced determination to protect American workers, stating, “Our immigration system should serve the American people, selecting individuals who will strengthen our economy, respect laws, and share values.”

Legislative Prospects

The legislation’s progression faces uncertainty in Congress. The House recessed early on September 16 due to the pre-election pause, resuming legislative operations post-November 3 midterms. Republicans maintain narrow upper hands in both chambers: the House comprises 218 Republicans, 214 Democrats, one independent, with two vacant seats while the Senate involves 53 Republicans, 45 Democrats, and two independents caucusing with Democrats.