Border Security and Immigration Reform Bill Defeated in the House of Representatives

At a glance

The bill – which was defeated by a vote of 121 to 301 – would have eliminated per-country quotas on employment-based immigrant visas and created a points-based permanent residence program for DACA-eligible foreign nationals and certain children of nonimmigrants, among other provisions.

A closer look

The Border Security and Immigration Reform Act of 2018, H.R. 6136, was intended to reflect President Trump’s immigration reform framework and serve as a compromise between House Republican moderates and conservatives.

The bill would have:

• Eliminated per-country quotas on employment-based immigrant visas;
• Established a contingent nonimmigrant category for DACA-eligible foreign nationals, with a six-year period of stay and unlimited renewals;
• Created a points-based permanent residence program for DACA-eligible foreign nationals and certain children of E-1, E-2, H-1B and L-1 nonimmigrants, contingent on availability of border security funds;
• Eliminated the Diversity Visa Lottery program and two family-based permanent residence categories, reallocating their immigrant visa numbers to employment-based programs and to the points-based program for DACA-eligible foreign nationals and certain nonimmigrant children;
• Required employers to use the E-Verify system;
• Imposed heightened security and anti-fraud measures on visa holders, visa applicants and sponsoring employers;
• Created a new H-2C program for foreign agricultural workers;
• Reinstated an exemption from the H-2B cap for returning temporary nonagricultural workers;
• Funded construction of a Southern border wall and increased border security; and
• Imposed tougher standards on foreign nationals seeking asylum or relief under other humanitarian programs.

Shortly before the House voted on the bill, President Trump expressed support for it, after initially indicating that he would not sign the measure. At a later date, the House is expected to consider narrower legislation concerning the separation of family members seeking humanitarian relief in the United States.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.