Immigration (both legal and illegal) has been in shambles for decades. Let’s get it fixed once and for all.
Guided Transition for Fair Outcomes Act
To establish a structured immigration pathway for individuals residing illegally within the United States while strengthening immigration enforcement and accountability.
Section 1. Short Title
This Act may be cited as the “Guided Transition for Fair Outcomes Act”.
Section 2. Definitions
In this Act:
- “Illegal Resident” means an individual currently residing in the United States without legal authorization.
- “Provisional Immigrant” means an individual who has been granted provisional entry into the United States and is in the process of meeting the requirements for legal immigration status.
- “Provisional Immigration Board” means a board established within Customs and Border Protection to review cases related to provisional immigration status, including background checks and appeals.
Section 3. Grace Period for Voluntary Departure
(a) Establishment of Grace Period. Any illegal resident within the United States at the time of enactment of this Act shall have 90 days from the effective date of this Act to voluntarily depart the United States without penalty.
(b) Permanent Disqualification from Citizenship. Any illegal resident who fails to exit the United States within this 90-day grace period shall be permanently disqualified from eligibility for U.S. citizenship and shall be permanently barred from entering the United States.
(c) Exception for Humanitarian and Exceptional Cases. Individuals who face persecution, credible threats to their life, or other severe risks in their home country may apply for an exception to avoid permanent disqualification from U.S. citizenship due to failure to comply with this Act. Such applications must be submitted prior to the expiration of the 90-day grace period and must demonstrate, to the satisfaction of the Provisional Immigration Board, that deportation would result in severe hardship, imminent danger, or persecution. Failure to apply for an exception before the end of the 90-day grace period shall result in deportation and permanent disqualification from U.S. citizenship.
Section 4. Provisional Immigration Status
(a) Provisional Entry for Legal Immigration Applications. After the 90-day grace period, former Illegal Residents which have exited the United States voluntarily prior to the expiration of the grace period may apply for legal immigration. Upon application, and completion of Tier 1 background check, potential immigrants will be granted provisional immigration status, subject to the following requirements:
- Background Check. Provisional immigrants must submit to a thorough international background check which shall be completed within 12 months of their provisional entry.
- (i) Disqualification for Criminal Records. Provisional immigrants found to have a criminal record rising to the equivalency of a U.S. felony outside the United States shall be disqualified unless the Provisional Immigration Board determines the offense to be extenuating circumstances suitable for asylum.
-
Provisional Social Security Number. Provisional immigrants shall be issued a provisional social security number upon entry, to be used for taxation purposes.
-
Contact Information Requirement. Provisional immigrants shall maintain up-to-date contact information with the Provisional Immigration Commission and must notify the Commission within 30 days of any changes in contact information. Failure to do so may result in deportation and permanent disqualification from citizenship.
-
Tax Payment Requirement. Provisional immigrants must begin paying taxes on earned income immediately upon entry.
-
Restriction on Public Assistance. Provisional immigrants are ineligible to receive taxpayer-funded assistance, including welfare, Medicare, and Medicaid, for a period of 10 years from the date of entry.
-
Strict Criminal Conduct Standards.
(i) Felony Convictions: Any conviction of a felony, either violent or non-violent, within the United States while under provisional status shall result in immediate deportation, permanent disqualification from U.S. citizenship, and prohibition from entry into the United States.
(ii) Serious Misdemeanor Convictions: A single conviction of a serious misdemeanor offense, including but not limited to DUI, domestic violence, or theft, shall result in deportation and permanent disqualification from citizenship.
(iii) Multiple Minor Misdemeanors: Three minor misdemeanors within the ten-year Provisional Immigrant period shall result in deportation and permanent disqualification from citizenship.
(iv) Civil Violations: Provisional immigrants are expected to comply with civil laws and regulations. Ten civil infractions, including unpaid fines or housing violations, shall result in deportation and permanent disqualification from citizenship. -
No Hardship Exceptions for Criminal Violations. Provisional immigrants who commit criminal violations shall have no recourse to appeal based on hardship or other considerations.
Section 5. Military Service Pathway to Citizenship
Provisional immigrants may obtain immediate eligibility for U.S. citizenship through honorable service in the U.S. military, provided they complete a minimum of two four-year tours of duty.
Section 6. Revocation of Citizenship for Felony Convictions
If a naturalized citizen who gained citizenship through the Provisional Immigration program is convicted of a felony after naturalization, they shall be subject to a hearing before the Provisional Immigration Board, and their citizenship may be revoked, with deportation and permanent disqualification from future citizenship eligibility.
Section 7. Provisional Immigration Board and Commission
(a) Establishment. The Provisional Immigration Board and Provisional Immigration Commission shall be established under Customs and Border Protection to oversee:
(1) The adjudication of background checks and criminal records.
(2) The appeals process for humanitarian and exceptional cases.
(3) Monitoring of provisional immigrants’ compliance with contact and tax requirements.
(4) Review of patterns of civil infractions and determination of penalties or deportation for repeated non-compliance.
(b) Membership. Members of the Board shall be appointed by the President, with the advice and consent of the Senate, and shall include experts in immigration law, international affairs, public health, and criminal justice.
Section 8. Funding
Funds are authorized to be appropriated to carry out the provisions of this Act.
Section 9. Effective Date
This Act shall take effect 30 days after enactment.