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S. 1387 (108th): Border Security and Immigration Reform Act of 2003

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


7/10/2003--Introduced. Border Security and Immigration Reform Act of 2003 - Amends the Immigration and Nationality Act to direct the Secretaries of Homeland Security and State to jointly establish a seasonal and nonseasonal guest worker program with an eligible foreign country. Sets forth provisions respecting: (1) alien worker and program eligibility; and (2) employer applications and petitions.

Gives permanent resident status adjustment priority to guest workers who have participated in the program for at least three years. (Requires such application to be filed after the worker has returned to his or her home country.) Prohibits status adjustment before such three-year period.

Establishes W-1 (seasonal) and W-2 (nonseasonal) nonimmigrant visas for such workers.

Amends the Social Security Act to: (1) direct the Secretary of the Treasury to transfer at least quarterly from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund 100 percent of the guest worker taxes to the Guest Worker Investment Fund for deposit in a guest worker investment account for each guest worker; (2) direct the Secretary of the Guest Worker Investment Fund to create a guest worker investment account for each covered guest worker; (3) establish in the Treasury the Guest Worker Investment Fund; and (4) provide for account distribution after the worker leaves the program and returns to his or her home country.

Directs the Secretary of Homeland Security to: (1) adjust the status of certain unlawfully present aliens to nonimmigrant guest worker status (requires adjustment applications to be filed within 12 months of enactment of this Act); and (2) impose additional civil penalties upon employers who knowingly employ unauthorized aliens after such date.