Senator Tuberville Proposes Major Overhaul to U.S. Immigration System

Republican Senator Tommy Tuberville has introduced a comprehensive bill aimed at reforming the U.S. legal immigration system. This proposal intends to eliminate the Diversity Visa Lottery, restrict various family-based pathways to permanent residency, and replace existing employment-based green card categories with a new points system.

Americans First Immigration Act

The proposed legislation, known as the Americans First Immigration Act, seeks to significantly change the current approach to legal immigration. Key changes include ending green card routes for parents of U.S. citizens and several family-based categories. Simultaneously, a new system for employment-based immigrants would be introduced, focusing on factors such as salary, education level, English proficiency, age, military service, and extraordinary achievements.

This Senate bill, introduced by Tuberville of Alabama, builds on a similar House version earlier proposed by Republican Representative Barry Moore and co-sponsored by other Republican representatives. While retaining the core structure of the House proposal, the Senate version includes substantial revisions, such as expanded immigration attestations, stricter penalties for employer violations, and modified transition rules for those already in the immigration process.

Family and Employment-Based Immigration

The proposal aims to make obtaining green cards more difficult by removing existing family- and employment-based pathways. The new thresholds would require employment applicants to meet specific criteria related to salary, age, and English proficiency. “Our current immigration system is a free-for-all,” Tuberville said. “We need to ensure that anyone immigrating here is willing to abide by our laws and contribute positively to society.”

In addition to eliminating the Diversity Visa Lottery, the bill proposes an annual allocation of 3,000 immigrant visas for religious workers. It would prohibit the issuance of diversity visas post-enactment.

Family Immigration Changes

The legislation proposes removing parents from the immediate-relative category for U.S. citizens, limiting it to spouses and children, and eliminating several current family-preference categories. The remaining family-sponsored category would be restricted to spouses and children of lawful permanent residents.

Those already in the immigration process would also be affected. Pending petitions in eliminated family categories could not be approved. Approved petitions prior to enactment would face transition provisions limiting visa issuance.

Employment-Based Points System

The bill introduces a competitive points system for employment-based green cards involving up to 192,000 visas globally each year. The number could decrease based on previous fiscal year detentions and releases.

Applicants need a U.S. job offer and at least 16 points, along with specific criteria in English proficiency and age. The salary must generally be double the median state wage, or 150% for U.S. degree recipients. Points are awarded for various factors, allowing higher salaries to earn up to 35 points, with additional points for certain doctorates or achievements.

Employer Requirements and Conditional Residence

Employers must demonstrate efforts to employ U.S. workers first and face penalties for not complying. Penalties could reach $25,000 for violations, and repeat offenses could lead to up to six months in prison.

Immigrants accepted through the points system, as well as qualifying family members, would receive conditional permanent residence. This status could be revoked for various reasons, including reliance on certain public benefits or specific criminal convictions, affecting families as well.

The bill demands that immigrants sign a “Protection of American Values” declaration confirming their commitment to constitutional values and renouncing certain actions such as genocide, persecution, and other serious offenses.

Distinctions From the House Bill

The Senate version includes changes not present in the House bill. It increases the maximum penalty for violations of employer attestation and adjusts extraordinary ability points. It delays the enforcement of certain employment-based category changes while the House bill demands immediate adoption upon its enactment.

Another stipulation requires non-permanent residents to pay at least the tuition rates for out-of-state students at colleges. Violating institutions could face significant penalties and restrictions.

Potential Impact and Legislative Path

As the Trump administration seeks to tighten immigration policy, including reducing refugee admissions and scrutinizing green card applications, this bill represents a significant legislative push targeting legal and humanitarian immigration conditions.

The future of the proposal is uncertain within Congress. The House has recessed for elections, and the existing political landscape presents challenges. Republicans have narrow control in both chambers, which may affect the bill’s progression before upcoming elections.

Representative Barry Moore, the House bill’s sponsor, emphasized prioritizing American workers and values. “Our immigration system should serve the American people, not undercut them,” Moore stated.