Domestic Jobs Protection Act
Summary
The "Domestic Jobs Protection Act" proposes an amendment to the Immigration and Nationality Act, specifically targeting the definition of "unauthorized alien." The bill seeks to modify Section 274A(h)(3) of the Act by removing the phrase "or by the Attorney General." This change could potentially shift the authority regarding the determination of unauthorized alien status.
The bill is introduced in the House of Representatives by Mr. Gill of Texas, along with several co-sponsors. It has been referred to the Committee on the Judiciary for further consideration.
The intended goal appears to be to tighten the definition of "unauthorized alien," potentially impacting immigration enforcement and related policies.
Expected Effects
The primary effect of this bill, if enacted, would be to alter the process by which an individual is classified as an "unauthorized alien" under the Immigration and Nationality Act. Removing the Attorney General's explicit authority in this determination could centralize or shift that power elsewhere.
This change could lead to stricter or more narrowly defined criteria for determining unauthorized status. The practical implications would depend on how the remaining provisions of the Act are interpreted and enforced after this amendment.
Ultimately, this could affect the number of individuals classified as unauthorized aliens and the subsequent enforcement actions taken against them.
Potential Benefits
- Potentially strengthens border security by clarifying the definition of "unauthorized alien."
- Could lead to more consistent application of immigration laws.
- May reduce ambiguity in the legal process for determining immigration status.
- Could streamline enforcement efforts by centralizing authority.
- Potentially protects jobs for legal residents by reducing unauthorized labor.
Most Benefited Areas:
Potential Disadvantages
- May lead to unintended consequences in immigration enforcement.
- Could create confusion or legal challenges regarding the definition of "unauthorized alien."
- Potentially increases the risk of misclassification of individuals.
- May face opposition from groups advocating for broader immigration policies.
- Could strain resources if the new definition requires more complex adjudication processes.
Constitutional Alignment
The bill's constitutional alignment hinges on Congress's power over immigration and naturalization, as outlined in Article I, Section 8, Clause 4 of the Constitution. This clause grants Congress the power to establish a uniform rule of naturalization.
The proposed amendment appears to fall within this enumerated power, as it seeks to modify a definition within existing immigration law. However, the specific impact on individual rights and due process (Amendments V and XIV) would need to be carefully considered to ensure constitutional compliance.
Further legal review would be necessary to determine if the change infringes upon any other constitutional protections or exceeds the scope of congressional authority.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).