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Senators Menendez and Leahy Introduce the Comprehensive Immigration Reform Act of 2010 (S. 3932)

On September 29, 2010, Senator Menendez (D-NJ) and Senator Leahy (D-VT) introduced the Comprehensive Immigration Reform Act of 2010 (S. 3932). This law, among other provisions, proposes the following:

Creates Lawful Prospective Immigrant (LPI) status for non‐criminal undocumented immigrants living in the U.S. since 9/30/10. Requires applicants to submit biometric and biographical data, undergo security and law enforcement checks, and pay a $500 fine plus application fees. LPI status lasts four years and can be extended. It includes work authorization and permission to travel abroad; immediate family members are also eligible for status under the program.
o Immigrants may apply for LPI status even if they are in deportation proceedings at the time of application or have an outstanding removal order.
o In order to transition from LPI status to Legal Permanent Residency (i.e. a “green card”), applicants are required to wait at least six years; pay taxes and a $1000 fine; learn English and U.S. civics; and undergo additional background checks. They will not obtain green cards before those who were waiting “in line” to immigrate as of date of enactment.
o The LPI program includes a level of administrative and judicial review, confidentiality protections for applicants and their employers, and fraud prevention measures.
o Incorporates the DREAM Act, which creates a path to legal status for individuals who were brought to the U.S. illegally as children, provided they meet age and other criteria and enroll in college or the U.S. military.