S. 4983 — Harry Reid Immigration Stabilization Act

This section sets the worldwide level of family-sponsored immigrants at 300,000 minus the number of refugees admitted under section 207 in the prior fiscal year and the number of aliens described in sections 201(b)(2) and 203(b) who acquired permanent residence in the prior fiscal year. It sets the worldwide level of employment-based immigrants at 40,000. It sets the worldwide level of diversity immigrants at zero (from 55,000).

This section adds a proportional reduction rule for all family-sponsored visa classes if the annual worldwide level falls below 226,000. It replaces the prior employment-based preferences with a single allocation not to exceed the worldwide level, limited to three categories—aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers—and requires visas to be issued in the order petitions are filed.

This section prohibits the Attorney General from approving any immigrant petitions after September 30, 2026, other than those for immediate relative status under section 201(b)(2) or employment-based classification under section 203(b). It eliminates petitioning authority for family preference categories under section 203(a)(1), (3), and (4).

This section reclassifies parents of U.S. citizens age 21 or older from the immediate relative category to the first family-sponsored preference category for immigrant visas. It also removes references to "married" from the third family-sponsored preference category.

This section caps the annual number of refugee admissions at 50,000. The President allocates admissions among refugees of special humanitarian concern to the United States.

This section repeals the Cuban Adjustment Act of 1966. It prohibits discrimination on the basis of race, religion, nationality, membership in a particular social group, or political opinion in the allocation of refugee admissions under subsections (a) and (b), determinations of admissions under subsection (c), and procedures for determining refugee status under section 207 of the Immigration and Nationality Act.

This section establishes new inspection and exclusion procedures for aliens seeking entry to the United States. It requires an immigration officer to inspect each such alien and order exclusion without further hearing or review for those lacking required documentation who do not indicate an intention to apply for asylum or a fear of persecution. It refers asylum claimants to an asylum officer for a credible fear determination, under which those found to have a credible fear may apply for asylum while others are excluded. It requires detention for a hearing before a special inquiry officer for aliens not clearly and beyond a doubt entitled to enter, with exceptions for crewmen and certain others. It provides that an alien has not entered the United States unless inspected and admitted, except that an alien physically present for one continuous year without inspection is deemed to have entered without inspection. It directs the Secretary of State to arrange with contiguous countries for the interior repatriation of excludable or deportable aliens to a point at least 500 kilometers from the U.S. border. It adds grounds for exclusion for presenting forged, counterfeit, or fraudulent documents when seeking entry or boarding a carrier, with an exception for those presented solely to depart a country where the alien had a credible fear of persecution, and for failing to present entry-related documents upon arrival. It makes conforming changes to deportation provisions.

This section establishes new asylum eligibility standards under which the Attorney General may grant protection only if an alien shows it is more probable than not that the alien would be arrested, incarcerated, or face a threat to life on account of race, religion, nationality, membership in a particular social group, or political opinion. It imposes a 30-day notice and 45-day filing deadline after entry, requires fingerprinting and allows fees, bars grants for persecutors and those convicted of aggravated felonies or other serious crimes, and sets conditions for work authorization, travel, and termination.

This section limits judicial review of exclusion determinations under the Immigration and Nationality Act to habeas corpus petitions, which may examine only whether the petitioner is an alien and was ordered excluded. It bars class certification, declaratory relief, and injunctive relief in challenges to exclusions, and prohibits collateral attacks on exclusion or deportation orders in actions assessing penalties for improper entry or reentry.

This section eliminates the withholding of deportation authority in section 243 of the Immigration and Nationality Act. It extends the residency period for asylees to adjust status to 5 years (from 1 year) and requires continued eligibility for asylum. It updates references governing temporary protected status, naturalization, and family unity from former section 243(h)(2) to clauses (i), (ii), (iii), or (iv) of section 208(a)(2)(C).

This section delays the application of title amendments to asylum and withholding claims until the first day of the first month beginning more than 180 days after enactment. It sets a 30-day deadline for filing a notice of intent to apply and a 45-day deadline for the application itself for aliens present before that date, and exempts pre-enactment asylees from new adjustment of status rules.

This section expands the definition of aggravated felony in the Immigration and Nationality Act to include murder; illicit trafficking in controlled substances, firearms, or explosives; money laundering or monetary transactions exceeding $100,000; explosives or firearms offenses; crimes of violence with at least 5 years imprisonment imposed; theft, burglary, ransom, child pornography, RICO, gambling, commercial bribery, counterfeiting, forgery, peonage, slavery, perjury, espionage, treason, fraud or tax evasion exceeding $200,000 in losses; commercial alien smuggling; document fraud for commercial advantage; failure to appear for a felony charge; attempts or conspiracies; and any felony committed after a prior waiver of deportation. The definition applies to convictions entered before, on, or after enactment and to qualifying foreign offenses completed within the prior 15 years.

This section establishes expedited deportation procedures for non-permanent resident aliens convicted of aggravated felonies. It authorizes the Attorney General to issue final deportation orders against such aliens without administrative hearings, limits judicial review to whether the alien is in fact covered by the new procedures, and bars all discretionary relief and withholding of deportation. The changes apply to all deportation proceedings initiated after the date of enactment.

This section authorizes federal and state courts to issue a judicial order of deportation at sentencing against any alien convicted of an aggravated felony. The authority applies to all aliens whose adjudication of guilt or guilty plea is entered after the date of enactment.

This section limits the defense to deportation under section 212(c) of the Immigration and Nationality Act for permanent residents convicted of felonies to those sentenced to at least 5 years of imprisonment where the sentence has become final. It also bars withholding of deportation for any alien convicted of a felony.

This section modifies criminal penalties under the Immigration and Nationality Act. It reduces the maximum prison term for failure to depart after a final removal order to two years, or ten years if the alien falls within specified aggravated classes under section 241(a). It increases the maximum term for illegal reentry after a prior deportation to ten years (from five) when the alien has two or more misdemeanors or one felony, and to twenty years (from fifteen) when the prior conviction was an aggravated felony. It defines “deportation” to include stipulated removals during federal or state criminal proceedings. It also bars aliens from collaterally attacking the validity of an underlying deportation order in any criminal prosecution for reentry.

This section permits the Attorney General to deport an alien sentenced to imprisonment before completion of the sentence if the alien is in federal custody and the Attorney General determines that the alien has been adequately punished and deportation is appropriate, or if the alien is in state custody and the chief state incarceration official makes the same determination and submits a written request. Parole, supervised release, probation, or the possibility of rearrest does not justify deferral of deportation.

This section requires federal courts, upon sentencing an alien for an aggravated felony, to include in the sentencing order a declaration that the individual is deportable and to state in the presentence report whether the defendant is an alien. It directs that any such alien be deported consistent with section 242(h) of the Immigration and Nationality Act.

This section requires the Attorney General to take into federal custody and incarcerate for a determinate sentence any alien convicted of a felony who entered without inspection or was in exclusion or deportation proceedings when taken into state custody, upon written request from the chief state corrections official, if the state cooperates with federal immigration authorities on identification, arrest, detention, and removal of unlawful aliens and adequate federal facilities are available. Criminal aliens transferred under this authority may be removed under existing procedures.

This section increases the maximum prison term for false statements in a passport application (18 U.S.C. § 1542), passport forgery (§ 1543), passport misuse (§ 1544), safe conduct violations (§ 1545), and visa fraud (§ 1546(a)) to 10 years (from five years, or three years for safe conduct violations) and replaces the $2,000 fine cap with a fine under this title.

This section requires State and local law enforcement agencies to notify the Immigration and Naturalization Service District Director within 72 hours of arresting an immigrant or nonimmigrant alien for a felony. The notification must include the alien's name, place and date of birth, alien registration number if any, the nature of the offense, and any available information on bond, hearings, and proceedings.

This section bars approval of immigrant petitions submitted by or on behalf of any alien who entered or attempted to enter the United States unlawfully, used fraudulent or stolen documents, failed to present required boarding documents to an immigration officer, or violated the terms of a nonimmigrant visa.

This section adds any violation of an immigration law or any federal or state fraud statute, including income tax evasion, as a ground of inadmissibility under section 212(a)(2)(A)(i) of the Immigration and Nationality Act. It also bars readmission of any lawful permanent resident who travels abroad voluntarily if the alien is inadmissible under section 212(a).

This section authorizes the Attorney General to conduct deportation hearings by electronic or telephonic media, with or without the alien’s consent, or in the alien’s absence if the parties waive or agree to it. It also provides that no amendment made by this Act creates any enforceable right or benefit against the United States, its agencies, officers, or any other person.

This section revises the public charge ground of inadmissibility under 8 U.S.C. 1182(a)(4). It makes an alien excludable unless the alien demonstrates to a consular officer or the Attorney General, based on age and medical condition, that assets, education, skills, or a combination thereof make it very unlikely the alien will become eligible for any means-tested public assistance, including medical care or food and housing assistance, or will otherwise become a public charge.

This section requires sponsors of aliens admitted despite inadmissibility as likely public charges to be U.S. citizens or lawful permanent residents between 21 and 60 years old, of good moral character, and without felony convictions or bankruptcy adjudications. It mandates that sponsors assume legal custody of aliens under 21 until age 21 and provide financial support for the longer of 5 years after lawful permanent resident status or until the alien turns 21, authorizes civil enforcement suits by the Attorney General or agencies providing means-tested assistance, and limits bond termination to the alien’s departure, death, or end of the sponsor’s financial responsibility period.

This section prohibits direct Federal financial benefits or social insurance benefits to aliens not lawfully admitted to the United States as permanent residents or refugees, except pursuant to the Immigration and Nationality Act. It permits Federal reimbursement of emergency medical care to such aliens under regulations prescribed by the Secretary of Health and Human Services and bars aliens without employment authorization from receiving unemployment compensation under state or United States law.

This section revises employment eligibility verification under section 274A of the Immigration and Nationality Act. Effective January 1, 2028, employers must examine a new tamper-proof Social Security card for citizens and nationals or a new tamper-proof alien identification card for others, attest under penalty of perjury, and report the individual's Social Security account number to the Social Security Administration via telephone verification. The Attorney General must issue uniform, machine-readable alien identification cards containing a photograph, fingerprint, name, sex, date of birth, and other data to lawful permanent residents after June 30, 2027, and to other work-authorized aliens, with cards for non-permanent residents expiring within three years. The Secretary of Health and Human Services must issue comparable improved Social Security cards to citizens, nationals, and permanent residents upon application and payment of a fee not exceeding $50. No other Social Security or alien identification cards may be issued after June 30, 2027.

This section requires the Secretary of Health and Human Services to modify the NUMIDENT database by September 30, 2027, to enable telephone confirmation that a Social Security number was issued to a specific individual and that the individual is authorized to work in the United States. It directs the Attorney General to notify the Secretary within 14 days of any expiration of work authorization and to confirm eligibility for adult applicants within 60 days before a number may be issued. It establishes a touch-tone telephone verification system for employers by January 1, 2028, with per-call fees up to $2, records retained for two years, and fines of $1,000 for unauthorized use.

This section directs the Secretary of Health and Human Services to consult with state vital records agencies and establish, within 2 years of enactment, a national electronic network linking state birth and death records. The network enables federal and state agencies to confirm births and deaths of U.S. citizens and aliens, matches deaths with births where practical, and requires measures for uniform reporting, process integrity, and fraud prevention.

This section increases the number of full-time Border Patrol officer positions in the Immigration and Naturalization Service to 22,900 in FY2027, 23,900 in FY2028, 24,900 in FY2029, 25,900 in FY2030, and 26,900 in FY2031.

This section establishes a user fee for each entry into the United States by land or sea after December 31, 2026. The fee is $5 for each private automobile, van, or truck and $3 for each person entering by other means. It authorizes the Commissioner to establish reduced or multiple-crossing fees for frequent border crossers.

This section establishes the Border Control Trust Fund under the Commissioner. Fees collected under section 702 are deposited into the Fund and expended exclusively on measures to deter illegal entries by land or sea, facilities to expedite lawful border traffic and reduce delays, and assistance to state and local law enforcement agencies cooperating with the Immigration and Naturalization Service, with at least 80 percent of each fiscal year’s deposits and earnings required to be spent by the end of the following fiscal year.

This section expands liability for bringing aliens without valid passports and visas to include arrivals from Canada and Mexico. It requires the Attorney General to maintain records of each undocumented alien arriving at a U.S. port of entry and the carrier involved. It imposes escalating penalties on carriers averaging more than 0.5 undocumented aliens per arrival, including $10,000 fines per alien (or participation in a pilot program collecting travel documents for return only at inspection), $20,000 fines if averaging more than 1.5, and forfeiture of all U.S. landing rights if averaging more than 2. It permits remission of fines if the alien receives asylum or if presented documents were forged, counterfeit, or inapplicable. The penalty changes take effect January 1 of the second calendar year after enactment.

This section directs the Secretary of State to enter into cooperative arrangements with foreign governments to prevent the unlawful entry of aliens into the United States by land, air, or sea.

This section directs the Secretary of Defense, in consultation with the Attorney General and Secretary of State when appropriate, to instruct the Coast Guard to deter and prevent the unlawful entry of aliens into the United States by sea. It authorizes stopping and boarding vessels, making inquiries of persons, inspecting documents and property, and returning vessels to their country of origin or another country, both within and beyond the territorial sea, but limits such actions outside the territorial sea to U.S. vessels, stateless vessels, and vessels of foreign nations with applicable arrangements.

This section adds violations of specified immigration offenses as predicate acts under the Racketeer Influenced and Corrupt Organizations Act. The offenses include 8 U.S.C. § 1324(a)(1) (bringing in or harboring certain aliens), § 1325 (illegal entry, marriage fraud, or establishing a commercial enterprise to evade immigration laws), § 1327 (aiding or assisting certain aliens to enter the United States), and § 1328 (importation of aliens for immoral purposes).

This section directs the United States Sentencing Commission to set a minimum offense level of 25 for convictions under 8 U.S.C. 1324(a) when the offense involves five or more aliens, other criminal activity, smuggling of minors for exploitation, known or suspected terrorists, dangerous or inhumane treatment, or death or serious bodily harm. It sets a base offense level of 13 in all other cases, except for offenses under 8 U.S.C. 1324(a)(2)(A).

This section expands forfeiture to cover any real or personal property that facilitates, is intended to facilitate, is used in, or is intended to be used in a violation of 8 U.S.C. 1324(a) or employment verification requirements under sections 274A(a)(1) and 274A(a)(2), as well as any property constituting proceeds from such violations. It replaces references to “conveyance” with “property,” broadens the circumstances under which property may be seized, and authorizes transfer of forfeited property to federal, state, or local agencies.

This section authorizes court-ordered wiretaps for investigations of alien smuggling under 8 U.S.C. 1324, smuggling of aggravated felons or national security aliens under 8 U.S.C. 1327, smuggling for prostitution under 8 U.S.C. 1328, and felony violations of false identification document production under 18 U.S.C. 1028 or visa and immigration document fraud under 18 U.S.C. 1546. It permits foreign government personnel to conduct or assist with interceptions and expands the Justice Department officials who may specially designate applications.

This section conditions federal funding for the aid to families with dependent children program, Medicaid, unemployment compensation, the Food Stamp Program, and specified housing assistance programs on state and local governments verifying the immigration status of aliens applying for benefits through the SAVE system.

This section limits birthright citizenship under the Fourteenth Amendment. It provides that any person born in the United States after the date of enactment to a mother who is neither a U.S. citizen nor a lawful permanent resident is not a U.S. citizen if the person is a national or citizen of another country through either parent or entitled to become one.

This section prohibits noncitizens from voting in any federal, state, or local election, referendum, or ballot procedure. It establishes penalties of a fine of not more than $10,000 and imprisonment of not more than one year for each unlawful vote and declares any such vote null and void.