Summary of the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009

This summary highlights key provisions of the CIR ASAP Act and will be supplemented in the coming weeks as the IPC conducts deeper analysis of the proposals contained in the Act.

Border Security, Detention and Enforcement

Title I. Border Security, Detention and Enforcement

Border Security: The bill contains provisions which seek to enhance border security and achieve effective immigration enforcement, including:

• Requires the Secretary of Homeland Security to formalize a national strategy for border security consistent with the progress already made by the Department of Homeland Security and aligned with a vision of effective and accountable enforcement for the 21st century.
• Creates a Southern Border Security Task Force composed of federal, state, and local law enforcement officers to protect United States border cities and communities from violence and crime along the U.S.-Mexico border.
• Requires the government to take an inventory of personnel and assets prior to increasing the number of personnel or assets.
• Supports additional training, oversight and evaluation for border agents and works to ensure that they have sufficient equipment and technology.
• Modernizes the ports of entry by requiring a study of port of entry infrastructure and operations to identify necessary improvements and projects and improving infrastructure resources, and training to allow for more effective screening of commercial goods and individuals as they cross our borders so as to minimize threats to national security at ports of entry.
• Increases the numbers of full-time port of entry inspectors, agricultural specialists, and support staff to improve the timely and safe flow of commercial goods and individuals.
• Improves collaboration with state law enforcement at the border in combating crime.
• Suspends the Operation Streamline program pending review of the goals, impacts and cost-benefit analyses.
• Recognizes the importance of border communities as partners and allies in achieving effective enforcement and establishes the U.S.-Mexico Border Enforcement Commission and the Border Communities Liaison Office.
• Includes measures to combat human smuggling and migrant deaths including requiring the development and implementation of a plan to improve coordination amongst federal and state partners to combat human smuggling.

Improving Conditions of Detention: The bill contains numerous provisions which seek to improve detention conditions, and to protect U.S. citizens, LPRs, and vulnerable populations including:

• Requires DHS to meet certain requirements to ensure humane treatment of detainees, ensures adequate medical treatment, requires access to telephones, and increases protections from sexual and other abuse.
• Establishes an independent immigration detention commission to investigate and report on compliance.
• Requires DHS to report any detainee death within 48 hours, and to report annually to Congress on circumstances of all deaths in detention.
• Improves secure alternative to detention programs.
• Prohibits unnecessary detention of refugees.
• Protects family unity by prohibiting the separation of families with children and increasing protections for detained parents, guardians, and caregivers.

Increasing protections during enforcement activities: The bill contains several provisions which seek to ensure due process and other protections during enforcement activities:

• Provides temporary visas and work authorization for detained workers when they have been targeted by their employer for asserting their rights if they agree to pursue labor claims against their employer. Expands U visa protections for whistleblowers.
• Repeals the 287(g) program and clarifies that only the federal government has the authority to enforce federal immigration law.
• Increases screening and protections during immigration-related enforcement activities for U.S. citizens, LPRs, others lawfully present in the U.S., and vulnerable populations.
• Ensures social service agencies, translators, and legal services are available during enforcement activities, and establishes access to legal orientation programs for all detained immigrants.
• Protects access to counsel during enforcement activities and for disabled individuals unable to fully participate in removal proceedings.
• Requires reports to Congress from DHS on the impact of immigration-related enforcement activities.
• Restores the federal courts of their jurisdiction to review the decisions and practices of DHS.