The Opportunity and Responsibility Act for Immigration Reform

Bill Proposal: The Opportunity and Responsibility Act for Immigration Reform

Section 1: Findings

Congress finds the following:

  • The current immigration system is overly complex, creating significant backlogs and delays for those seeking legal entry.

  • The sponsorship requirement for legal immigration places an undue burden on both sponsors and immigrants, discouraging legal immigration.

  • The current system does not adequately address concerns regarding potential reliance on public assistance by immigrants.

Section 2: Elimination of Sponsorship Requirement
The Immigration and Nationality Act (INA) is amended to remove the affidavit of support requirement for family-based and employment-based immigrant visa petitions.

Section 3: Conditional Residency and Public Assistance

(a) All individuals granted lawful permanent resident (LPR) status under this Act shall be granted conditional residency for a period of five years.

(b) During the period of conditional residency, an LPR shall be ineligible for any federal means-tested public benefits.

(c) An LPR may apply for removal of the conditions on their residency after five years, demonstrating:

  • Continuous residency in the United States
  • Gainful employment or self-sufficiency
  • No reliance on federal means-tested public benefits

Section 4: Repayment of Public Assistance
(a) In the event an LPR receives federal means-tested public benefits during the conditional residency period, the amount of such assistance shall be considered a loan.

(b) Upon obtaining full LPR status or naturalization, the individual shall enter into a repayment agreement with the appropriate federal agency.

(c) Failure to comply with the repayment agreement may result in:

  • Garnishment of wages
  • Referral to debt collection agencies
  • Potential impact on future immigration applications

Section 5: Cooperation with Foreign Governments
The Secretary of State shall engage in diplomatic efforts to establish agreements with foreign governments for the:

  • Recovery of public assistance funds from individuals who return to their country of origin
  • Enhanced screening and vetting of potential immigrants to deter those seeking to rely on public benefits

Section 6: Effective Date
This Act shall take effect one year after the date of enactment.

Rationale:
This bill aims to streamline the legal immigration process while addressing concerns about public charge. It shifts the focus from sponsor responsibility to individual accountability. By removing the sponsorship requirement, it reduces barriers to legal immigration. The conditional residency and repayment provisions ensure that immigrants are self-sufficient and contribute to the system. International cooperation further strengthens the program’s effectiveness.

Related topic I previously shared: Fixing the legal Immigration System