The incoming Chairman of the Senate Appropriations Committee, Ted Stevens (R-AK) has created draft budget proposals for all federal agencies, and under his proposals, funding for many parts of the INS would be cut. Among those areas that would be cut are funds for port security. Also, implementation of high-tech border security systems would be delayed, and funding for new facilities along the borders would be cut. Republicans say the reason for the budget cuts is that the INS has a history of poor budget management, while Democrats charge that Republicans are not doing enough to improve border security.

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Committee assignments for the House of Representatives have been made. There are eight Republicans on the House Immigration Subcommittee, which continues to be chaired by Rep. George Gekas (R-PA). The other Republicans on the Subcommittee are Rep. Darrell Issa (R-CA), Rep. Melissa Hart (R-PA), Rep. Elton Gallegly (R-CA), Rep. Chris Cannon (R-UT), Rep. Jeff Flake (R-AZ), Rep. Randy Forbes (R-VA), and Rep. Lamar Smith (R-TX), the architect of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. The Democrats on the Subcommittee are Rep. Sheila Jackson-Lee (D-TX), Rep. Barney Frank (D-MA), Rep. Howard Berman (D-CA), Rep. Zoe Lofgren (D-CA), and Rep. Marty Meehan (D-CA).

Committee assignments have not yet been made in the Senate because of disagreements over how to allocate funding and committee assignments in the closely divided Senate, where there are 51 Republicans and 49 Democrats.

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H.R. 47, the Restoration of Fairness in Immigration Act of 2003, introduced by Rep. John Conyers (D-MI) would make significant changes to immigration law, primarily by repealing many of the measures adopted in 1996. Similar bills have been introduced in prior sessions of Congress without passing, and given the current climate, there is likely little chance of this bill passing. Some highlights of the bill follow.

The bill would limit the use of expedited removal to designated migration emergencies, and would require the hearings to be conducted by immigration judges rather than INS officers. It would expand judicial review of removal orders, asylum determinations and detention, and would limit indefinite detention by requiring the INS to release those who cannot be deported and are not a danger to the community. A Board of Visa Appeals would be established to review decisions by consular officers.

The definition of aggravated felony would be amended by requiring a five-year prison term for many offenses, rather than the one year currently in place, and the expanded definition of aggravated felony created in 1996 would no longer the applicable to offenses committed before then. Expunged and convictions otherwise vacated would no longer be considered convictions for immigration purposes. People convicted of aggravated felonies would be eligible for cancellation of removal so long as their sentence was less than five years.

Section 245(i) would be made permanent, while the class of people eligible for V visas would be expanded by eliminating the requirement that the underlying family petition be filed before the enactment of the Legal Immigration Family Equity Act, and by eliminating the requirement that the petition be at least three years old. The bill would eliminate the requirement that a person apply for asylum within one year of arriving in the US, would make gender-based persecution a ground for asylum, and would strengthen the presumption that asylum should be granted in cases where there was past persecution.

H.R. 82, the Increase in Numerical Limitation for Asylees Adjustment Act of 2003, introduced by Rep. Sheila Jackson-Lee, would increase the number of asylees who may be granted permanent residence each year from 10,000 to 25,000.

H.R. 83, the Date of Registry and Legal Amnesty Restoration Act of 2003, also introduced by Rep. Jackson-Lee, would change the registry date from January 1, 1972 to January 1, 1986 and would, in each subsequent year until 2008 advance the registry date by one year.

H.R. 84, the Preserving Educational Opportunities for Immigrant Children Act of 2003, also introduced by Rep. Jackson-Lee, would eliminate the prohibition on states allowing undocumented immigrant children from receiving in state tuition rates to attend college, would make children who have been granted or applied for cancellation of removal eligible to receive public benefits, and would allow undocumented children under 18 who have lived in the US continuously for three years to apply for permanent residence. Children over 18 would be allowed to apply if they have resided in the US continuously for five years, three of which must have been before turning 18.

H.R. 85, also introduced by Rep. Jackson-Lee, would extend the deadline for Section 245(i) eligibility to applications filed prior to April 30, 2002 .

H.R 87, the Rural and Urban Health Care Act of 2003, also introduced by Rep. Jackson-Lee, would modify some of the requirements for H-1C visas for registered nurses, would allow any facility to sponsor an H-1C petition, and would increase the annual number of visas available to 195,000. It would also increase the number of J-1 visa waivers state’s can sponsor from 30 to 40.

H.R. 88, the Father's Equity Act, also introduced by Rep. Jackson-Lee, would modify the requirements for a US citizen father to pass citizenship to a child born abroad out of wedlock by allowing him to legitimate the child at any time. The child would also be able to apply for a certificate of citizenship after the death of the father.