I 
111TH CONGRESS 
1ST SESSION H. R. 4321 
To provide for comprehensive immigration reform, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 15, 2009 
Mr. ORTIZ (for himself, Mr. CONYERS, Mr. SERRANO, Mr. RANGEL, Mr. PAS-
TOR of Arizona, Mr. STARK, Mr. GUTIERREZ, Mr. WAXMAN, Mr. BECER-
RA, Mr. FRANK of Massachusetts, Ms. ROYBAL-ALLARD, Mr. BERMAN, 
Ms. VELA´ZQUEZ, Mrs. CHRISTENSEN, Mr. HINOJOSA, Mr. TOWNS, Mr. 
REYES, Mr. LEWIS of Georgia, Mr. BACA, Mr. PALLONE, Mr. GONZALEZ, 
Mr. ANDREWS, Mrs. NAPOLITANO, Mr. MCDERMOTT, Mr. GRIJALVA, Mr. 
ENGEL, Mr. CUELLAR, Mr. FALEOMAVAEGA, Mr. SALAZAR, Mr. NEAL of 
Massachusetts, Mr. SIRES, Mr. ABERCROMBIE, Mr. LUJA´N, Ms. NORTON, 
Mr. PIERLUISI, Mr. MORAN of Virginia, Mr. SABLAN, Mr. NADLER of 
New York, Mr. OLVER, Ms. WATERS, Ms. CORRINE BROWN of Florida, 
Mr. FARR, Mr. FILNER, Mr. GENE GREEN of Texas, Mr. HASTINGS of 
Florida, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. MALONEY, Mr. 
RUSH, Mr. SCOTT of Virginia, Ms. WOOLSEY, Mr. BLUMENAUER, Mr. 
FATTAH, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Mrs. 
CAPPS, Mr. DAVIS of Illinois, Ms. DEGETTE, Ms. KILPATRICK of Michi-
gan, Mr. KUCINICH, Ms. LEE of California, Mr. MCGOVERN, Mr. MEEKS 
of New York, Ms. SCHAKOWSKY, Ms. BERKLEY, Mr. CAPUANO, Mr. 
CROWLEY, Mr. WEINER, Mr. CLAY, Mr. HONDA, Mr. ISRAEL, Ms. WAT-
SON, Ms. BORDALLO, Mr. MEEK of Florida, Mr. CLEAVER, Mr. AL 
GREEN of Texas, Ms. MATSUI, Ms. MOORE of Wisconsin, Mr. CARSON 
of Indiana, Ms. CLARKE, Ms. EDWARDS of Maryland, Mr. ELLISON, Ms. 
FUDGE, Ms. HIRONO, Mr. JOHNSON of Georgia, Mr. PERLMUTTER, Ms. 
RICHARDSON, Mr. WELCH, Ms. CHU, Mr. HEINRICH, Ms. PINGREE of 
Maine, Mr. POLIS of Colorado, and Mr. QUIGLEY) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Homeland Security, Armed Services, 
Foreign Affairs, Natural Resources, Ways and Means, Education and 
Labor, Oversight and Government Reform, and House Administration, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
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A BILL 
To provide for comprehensive immigration reform, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Comprehensive Immigration Reform for America’s Secu-
rity and Prosperity Act of 2009’’, the ‘‘Comprehensive Im-
migration Reform ASAP Act of 2009’’, or as the ‘‘CIR 
ASAP Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Reference to the Immigration and Nationality Act. 
Sec. 4. Definitions. 
Sec. 5. Severability. 
TITLE I—BORDER SECURITY AND ENFORCEMENT 
Sec. 101. Sense of Congress. 
Subtitle A—Border Security 
Sec. 111. National Strategy for Border Security. 
Sec. 112. Increase in number of Customs and Border Protection Officers. 
Sec. 113. Improving ports of entry for border security and other purposes. 
Sec. 114. Inventory of personnel. 
Sec. 115. Standards of professional conduct. 
Sec. 116. Inventory of assets. 
Sec. 117. Customs border patrol and border protection assets. 
Sec. 118. Technological assets. 
Sec. 119. Secure communication. 
Sec. 120. Surveillance plan. 
Sec. 121. Surveillance technologies programs. 
Sec. 122. Border security searches of electronic devices. 
Sec. 123. Border relief grant program. 
Sec. 124. Northern and Southern border drug prosecution initiative. 
Sec. 125. Operation Streamline prosecution initiative. 
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Sec. 126. Project Gunrunner. 
Sec. 127. Operation Armas Cruzadas. 
Sec. 128. Combating human smuggling. 
Sec. 129. Report on deaths and strategy study. 
Sec. 130. United States-Mexico Border Enforcement Commission. 
Sec. 131. Prohibition on military involvement in nonemergency border enforce-
ment. 
Sec. 132. Definitions. 
Sec. 133. Border protection strategy. 
Sec. 134. Actions to further secure operational control of the international land 
borders of the United States. 
Sec. 135. Borderlands monitoring and mitigation. 
Sec. 136. Border Communities Liaison Office. 
Sec. 137. Office of Civil Rights and Civil Liberties and Office of Inspector Gen-
eral. 
Sec. 138. Improving ports of entry for border security and other purposes. 
Sec. 139. Ports of entry. 
Sec. 140. Ports of entry infrastructure and operations assessment study. 
Sec. 141. National Land Border Ports of Entry Security Plan. 
Sec. 142. Ports of entry technology demonstration program. 
Sec. 143. Reports on improving the exchange of information on North Amer-
ican security. 
Sec. 144. Southern Border Security Task Force. 
Sec. 145. Cooperation with the Government of Mexico. 
Sec. 146. Enhanced international cooperation. 
Sec. 147. Expansion of commerce security programs. 
Sec. 148. Authorization of appropriations. 
Subtitle B—Detention 
Sec. 151. Definitions. 
Sec. 152. Detention conditions. 
Sec. 153. Specific detention requirements for short-term detention facilities. 
Sec. 154. Rulemaking and enforcement. 
Sec. 155. Immigration Detention Commission. 
Sec. 156. Death in custody reporting requirement. 
Sec. 157. Protection of community-based organizations, faith-based organiza-
tions and other institutions. 
Sec. 158. Apprehension procedures for immigration-related enforcement activi-
ties. 
Sec. 159. Protections against unlawful detentions of United States citizens. 
Sec. 160. Basic protections for vulnerable populations. 
Sec. 161. Report on protections for vulnerable populations impacted by immi-
gration enforcement activities. 
Sec. 162. Family Detention and Unity Protections. 
Sec. 163. Apprehension procedures for families and parents. 
Sec. 164. Child welfare services for children separated from parents detained or 
removed from the United States for immigration violations. 
Sec. 165. Vulnerable population and child welfare training for immigration en-
forcement officers. 
Sec. 166. Access for parents, legal guardians, and, primary caregiver relatives. 
Sec. 167. Enhanced protections for vulnerable unaccompanied alien children 
and female detainees. 
Sec. 168. Preventing unnecessary detention of refugees. 
Sec. 169. Reports on protections from unlawful detention. 
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Sec. 170. Rulemaking. 
Subtitle C—Enforcement 
Sec. 181. Labor enforcement. 
Sec. 182. Mandatory address reporting requirements. 
Sec. 183. Preemption of State and local law. 
Sec. 184. Delegation of immigration authority. 
Sec. 185. Immigration and Customs Enforcement Ombudsman. 
Sec. 186. Eliminating arbitrary bar to asylum. 
Sec. 187. Restoration of judicial review. 
TITLE II—EMPLOYMENT VERIFICATION 
Sec. 201. Employment verification. 
Sec. 202. Parity with Civil Rights Act of 1964. 
Sec. 203. Amendments to the Social Security Act. 
TITLE III—VISA REFORMS 
Sec. 301. Elimination of existing backlogs. 
Sec. 302. Reclassification of spouses and minor children of legal permanent 
residents as immediate relatives. 
Sec. 303. Country limits. 
Sec. 304. Promoting family unity. 
Sec. 305. Surviving relatives. 
Sec. 306. Extension of waiver authority. 
Sec. 307. Discretionary waiver for long-term lawful permanent residents. 
Sec. 308. Continuous presence. 
Sec. 309. Bar on the removal of certain refugees, parolees or asylees. 
Sec. 310. Exemption from immigrant visa limit for certain veterans who are na-
tives of Philippines. 
Sec. 311. Fiance´e or fiance´ child status protection. 
Sec. 312. Equal treatment for all stepchildren. 
Sec. 313. Sons and daughters of Filipino World War II veterans. 
Sec. 314. Determinations under the Haitian Refugee Immigration Fairness Act 
of 1998. 
Sec. 315. Discretionary authority. 
Sec. 316. Affidavit of support. 
Sec. 317. Visa to prevent unauthorized migration. 
Sec. 318. Adjustment of status. 
Sec. 319. Rulemaking. 
Sec. 320. United States-educated immigrants. 
Sec. 321. Retaining workers subject to green card backlog. 
Sec. 322. Return of talent program. 
TITLE IV—EARNED LEGALIZATION OF UNDOCUMENTED 
INDIVIDUALS 
Subtitle A—Conditional Nonimmigrants 
Sec. 401. Conditional nonimmigrants. 
Sec. 402. Adjustment of status for conditional nonimmigrants. 
Sec. 403. Administrative and judicial review. 
Sec. 404. Mandatory disclosure of information. 
Sec. 405. Penalties for false statements in applications. 
Sec. 406. Aliens not subject to direct numerical limitations. 
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Sec. 407. Employer protections. 
Sec. 408. Limitations on eligibility. 
Sec. 409. Rulemaking. 
Sec. 410. Correction of Social Security records. 
Sec. 411. Restoration of State option to determine residency for purposes of 
higher education benefits. 
Sec. 412. Authorization of appropriations. 
Subtitle B—Agricultural Job Opportunities, Benefits, and Security 
CHAPTER 1—TITLE AND DEFINITIONS 
Sec. 421. Short title. 
Sec. 422. Definitions. 
CHAPTER 2—PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF 
AGRICULTURAL WORKERS 
SUBCHAPTER A—BLUE CARD STATUS 
Sec. 431. Requirements for blue card status. 
Sec. 432. Treatment of aliens granted blue card status. 
Sec. 433. Adjustment to permanent residence. 
Sec. 434. Applications. 
Sec. 435. Waiver of numerical limitations and certain grounds for inadmis-
sibility. 
Sec. 436. Administrative and judicial review. 
Sec. 437. Use of information. 
Sec. 438. Regulations, effective date, authorization of appropriations. 
SUBCHAPTER B—CORRECTION OF SOCIAL SECURITY RECORDS 
Sec. 441. Correction of Social Security records. 
CHAPTER 3—REFORM OF H–2A WORKER PROGRAM 
Sec. 451. Amendments to the Immigration and Nationality Act. 
CHAPTER 4—MISCELLANEOUS PROVISIONS 
Sec. 461. Determination and use of user fees. 
Sec. 462. Regulations. 
Sec. 463. Reports to Congress. 
Sec. 464. Effective date. 
TITLE V—STRENGTHENING THE U.S. ECONOMY AND 
WORKFORCE 
Subtitle A—Immigration and Labor 
CHAPTER 1—IMMIGRATION AND LABOR MARKETS 
Sec. 501. Commission on Immigration and Labor Markets. 
Sec. 502. Security and prosperity account. 
Sec. 503. American recruit and match system. 
CHAPTER 2—PROTECTION OF WORKERS RECRUITED ABROAD 
Sec. 511. Protections for workers recruited abroad. 
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Sec. 512. Enforcement provisions. 
Sec. 513. Procedures in addition to other rights of employees. 
Sec. 514. Authority to prescribe regulations. 
Sec. 515. Definitions. 
CHAPTER 3—TECHNICAL CORRECTION 
Sec. 521. Technical correction. 
Subtitle B—Reforms of Certain Classes of Employment-based Visas 
CHAPTER 1—H–1B VISA FRAUD AND ABUSE PROTECTIONS 
SUBCHAPTER A—H–1B EMPLOYER APPLICATION REQUIREMENTS 
Sec. 531. Modification of application requirements. 
Sec. 532. New application requirements. 
Sec. 533. Application review requirements. 
SUBCHAPTER B—INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST 
H–1B 
Sec. 541. General modification of procedures for investigation and disposition. 
Sec. 542. Investigation, working conditions, and penalties. 
Sec. 543. Waiver requirements. 
Sec. 544. Initiation of investigations. 
Sec. 545. Information sharing. 
Sec. 546. Conforming amendment. 
SUBCHAPTER C—OTHER H–1B PROVISIONS 
Sec. 551. Posting available H–1B positions through the Department of Labor. 
Sec. 552. H–1B government authority and requirements. 
Sec. 553. Additional Department of Labor employees. 
CHAPTER 2—L–1 NONIMMIGRANTS 
Sec. 561. Prohibition on outplacement of L–1 nonimmigrants. 
Sec. 562. L–1 employer petition requirements for employment at new offices. 
Sec. 563. Cooperation with Secretary of State. 
Sec. 564. Investigation and disposition of complaints against L–1 employers. 
Sec. 565. Wage rate and working conditions for L–1 nonimmigrant. 
Sec. 566. Penalties. 
Sec. 567. Prohibition on retaliation against L–1 nonimmigrants. 
Sec. 568. Technical amendments. 
Sec. 569. Reports on L–1 nonimmigrants. 
Sec. 570. Application. 
Sec. 571. Report on L–1 blanket petition process. 
Sec. 572. Requirements for information for H–1B and L–1 nonimmigrants. 
CHAPTER 3—PROTECTION OF H–2B NONIMMIGRANTS 
Sec. 581. Enforcement of federal labor laws relating to H–2B nonagricultural 
guest workers. 
Sec. 582. Recruitment of United States workers. 
Sec. 583. Prevailing wages for United States workers and H–2B workers. 
Sec. 584. Certification requirement. 
Sec. 585. Protections for workers. 
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Sec. 586. Petitions by employers that have signed labor agreements with unions 
that operate hiring halls. 
Sec. 587. H–2B nonimmigrant labor certification application fees. 
CHAPTER 4—ADJUSTMENTS TO THE EB–5 VISA PROGRAM 
Sec. 591. Permanent reauthorization of EB–5 regional center program; applica-
tion fee. 
Sec. 592. Premium processing fee for EB–5 immigrant investors. 
Sec. 593. Concurrent filing of EB–5 petitions and applications for adjustment 
of status. 
Sec. 594. Improved set-aside for targeted employment areas. 
Sec. 595. Set-aside of visas for regional center program. 
Sec. 596. Extension. 
Sec. 597. Study. 
Sec. 598. Full-time equivalents. 
Sec. 599. Eligibility for adjustment of status. 
Sec. 599A. Expansion of EB–5 eligibility to include qualified immigrants who 
complete investment agreements. 
CHAPTER 5—EFFECTIVE DATE 
Sec. 599B. Application. 
TITLE VI—INTEGRATION OF NEW AMERICANS 
Subtitle A—Citizenship Promotion 
Sec. 601. Immigration service fees. 
Sec. 602. Administration of tests for naturalization; fulfillment by elderly per-
sons of requirement for naturalization relating to knowledge of 
english language. 
Sec. 603. Voluntary electronic filing of applications. 
Sec. 604. Timely background checks. 
Sec. 605. National citizenship promotion program. 
Sec. 606. Effective date. 
Subtitle B—Miscellaneous 
Sec. 611. Grants to support public education and community training. 
Sec. 612. Grant program to assist applicants for naturalization. 
Sec. 613. Naturalization for certain U.S. high school graduates. 
Sec. 614. Family integration. 
Sec. 615. Consideration for domestic resettlement of refugees. 
Sec. 616. Credits for teachers of English language learners. 
Sec. 617. Credits for employer-provided adult english literacy and basic edu-
cation programs. 
Sec. 618. Grants to States to form New American Councils. 
Sec. 619. Independence Day Ceremonies for oaths of allegiance. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
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(1) Federal immigration laws must uphold 
America’s long history of being a Nation of immi-
grants from every continent in the world, and reaf-
firm our Nation’s commitment to strong and united 
families, civil rights, economic opportunity and di-
versity. 
(2) The Government of the United States 
should reduce the deficit by ensuring that all individ-
uals and employers pay their fair share of taxes and 
contribute equally to the prosperity of our great Na-
tion. 
(3) The Government of the United States has 
an obligation to ensure the labor rights of all work-
ers in our country, and end the driving down of 
wages and workplace standards that exists today due 
to our broken immigration system. Unscrupulous 
employers should not be able to profit off of the 
backs of a workforce with no voice in the workplace 
or civic society. 
(4) The Government of the United States also 
has an obligation to ensure the growth and vitality 
of honest American businesses that are playing by 
the rules and fueling our economic recovery. 
(5) The labor and immigration policies of the 
United States Government should be modernized to 
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reflect the current needs of American workers and 
the American economy. 
(6) The Government of the United States can-
not effectively carry out its national security policies 
unless it requires undocumented immigrants to come 
forward and participate fully in our communities 
and legally in the economy of the United States, so 
that enforcement efforts are concentrated on the 
truly bad actors. 
(7) Elimination of America’s immigrant work-
force is not an effective or honest solution to Amer-
icas economic crisis. We need a solution that levels 
the playing field and promotes equal rights for all. 
(8) Dividing American families in not a moral 
or just solution to the broken immigration system. 
We need policies that treat all families equally and 
keep them together, to support each other and build 
strong communities. 
(9) Flawed immigration laws and persistent un-
equal administration of justice at the local level, 
based on race or national origin, has undermined ef-
fective community policing by discouraging the re-
porting of crime and cooperation with prosecutors in 
immigrant communities, due to well-founded fears of 
immigration enforcement action against them. This 
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puts entire communities at risk and undermines 
public safety for all. 
(10) The Government of the United States 
should ensure that racial profiling and unequal ad-
ministration of the law based on race or national ori-
gin is not permitted by any agency of Federal, State 
or local government bodies. 
(11) Our Government should ensure that our 
Nation’s borders are secure by investing in effective 
strategies, eliminating the millions of dollars cur-
rently being allocated to ineffective ones, and by re-
quiring consultation with state and local commu-
nities on both the northern and southern borders be-
fore implementing new border enforcement strate-
gies. 
(12) Foreign governments, particularly those 
that share an international border with the United 
States, must play a critical role in securing inter-
national borders and deterring illegal entry of for-
eign nationals into the United States. 
(13) The Government of the United States has 
an obligation to reaffirm its commitment to effective 
immigrant integration by supporting the teaching 
and promoting the learning of English. 
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(14) Comprehensive immigration reform and 
strong enforcement of immigration laws will encour-
age legal immigration, deter illegal immigration, and 
promote the economic and national security interests 
of the United States. 
SEC. 3. REFERENCE TO THE IMMIGRATION AND NATION-
ALITY ACT. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.). 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) DEPARTMENT.—Except as otherwise pro-
vided, the term ‘‘Department’’ means the Depart-
ment of Homeland Security. 
(2) SECRETARY.—Except as otherwise provided, 
the term ‘‘Secretary’’ means the Secretary of Home-
land Security. 
SEC. 5. SEVERABILITY. 
If any provision of this Act, any amendment made 
by this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be invalid 
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for any reason, the remainder of this Act, the amendments 
made by this Act, and the application of the provisions 
of such to any other person or circumstance shall not be 
affected by such holding. 
TITLE I—BORDER SECURITY 
AND ENFORCEMENT 
SEC. 101. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the Secretary of Homeland Security should 
establish a national strategic plan for short-term and 
long-term border security with improved account-
ability and transparency in agency functions; 
(2) the Secretary’s border security priorities 
must support and strengthen the significant ad-
vances in operational control of the border; 
(3) the Secretary must secure our Nation’s 
ports of entry and facilitate the flow of commerce 
and travel; 
(4) the ports of entry to the United States re-
quire additional assets, personnel, infrastructure and 
improvements in technology; 
(5) although states along the Southern and 
Northern borders play a unique role in supporting 
the Federal Government, border security and en-
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forcement of the immigration laws are the responsi-
bility of the Federal Government; 
(6) combating human smuggling, arms traf-
ficking and drug trafficking are essential to border 
security; 
(7) protecting the economic and civic vitality of 
the border region is central to border security; and 
(8) effective border security depends on sus-
tained international cooperation. 
Subtitle A—Border Security 
SEC. 111. NATIONAL STRATEGY FOR BORDER SECURITY. 
(a) REQUIREMENT FOR STRATEGY.—The Secretary, 
in consultation with the heads of other appropriate Fed-
eral agencies, shall develop a National Strategy for Border 
Security that describes actions to be carried out to main-
tain operational control over all ports of entry into the 
United States and the international land and maritime 
borders of the United States. 
(b) CONTENT.—The National Strategy for Border 
Security shall include the following: 
(1) An assessment of the threat posed by ter-
rorists and terrorist groups that may try to infiltrate 
the United States at locations along the inter-
national land and maritime borders of the United 
States. 
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