BIRMINGHAM, Ala. — U.S. Sen. Tommy Tuberville has introduced legislation that would remake the nation’s legal immigration system by ending the diversity visa lottery, sharply narrowing family-sponsored immigration and replacing existing employment-based green card categories with a merit-based points system.
The measure, the Americans First Immigration Act, was introduced Sept. 23 and referred to the Senate Judiciary Committee. It has not received a committee hearing or vote and is not law. Tuberville, an Alabama Republican, introduced the bill as the Senate counterpart to legislation filed in April by U.S. Rep. Barry Moore, R-Enterprise.
Tuberville has cast the proposal as a way to prioritize U.S. workers and limit what he and other supporters call “chain migration,” a term critics say obscures the family reunification system created by federal immigration law.
“Our current immigration system does little to evaluate the type of people we let in — it’s a free-for-all,” Tuberville said in a news release announcing the bill. “Coming to the United States is a privilege, and we need to ensure that anyone immigrating to our country is willing to go by our laws and contribute to our society.”
The legislation would end the Diversity Visa Lottery, the program through which the federal government awards visas annually to people from countries with relatively low levels of immigration to the United States. It also would limit family-sponsored permanent immigration to spouses and minor children, a change that would exclude other family relationships that are eligible under current law, including adult children, siblings and parents of U.S. citizens.
For many Alabama families with relatives abroad, the family provisions could carry consequences well beyond the political debate in Washington. The proposal would replace the longstanding emphasis on family reunification with a system that gives greater weight to an applicant’s education, English-language ability, high-paying job offer, military service and extraordinary achievement.
Tuberville’s office says the points-based system would reward immigrants deemed most likely to make a long-term economic contribution. The bill also would require employers to recruit U.S. workers first and ensure that foreign labor does not displace American workers, according to the senator’s summary.
Supporters of the proposal include NumbersUSA, America First Policy Institute, the Center for Renewing America and America First Works, organizations that favor reduced immigration levels and more restrictive immigration policies. In statements released by Tuberville’s office, representatives of the groups said the bill would raise wages, reduce the use of lower-wage foreign labor and place greater emphasis on skills and self-sufficiency.
But the proposal would go further than changing employment visas. It would require applicants to affirm constitutional principles and reject practices the legislation describes as un-American, including honor killings and female genital mutilation. It also would preserve a capped visa allocation for religious workers while eliminating what Tuberville’s office calls lower-priority immigration pathways.
The bill additionally would require public colleges and universities to charge nonpermanent residents at least the out-of-state tuition rate. The provision could affect students and institutions in Alabama, including the University of Alabama at Birmingham, Alabama A&M University and Auburn University, that enroll international students and depend in part on tuition revenue from students who do not qualify for resident rates.
The measure targets legal immigration at a time when national political debate has centered heavily on border enforcement and deportation. Its central changes, however, concern the rules for people seeking visas and green cards through established legal channels rather than border enforcement alone.
The U.S. immigration system is governed principally by the Immigration and Nationality Act. Current law allocates immigrant visas through family-based and employment-based preferences, along with the diversity visa program and several other categories. The system has long produced lengthy waiting periods for some relatives and employment-based applicants, particularly from countries with high demand for visas.
Tuberville’s bill does not yet have the force of law, and its prospects are uncertain. Congress.gov lists it as S. 5485, a bill “to amend the Immigration and Nationality Act to protect American workers and values.” Its only recorded action as of Sunday was its Sept. 23 referral to the Senate Judiciary Committee.
The House counterpart, H.R. 8586, was introduced by Moore on April 29 and referred to the House Judiciary and Education and Workforce committees. It also has not advanced from committee.
The legislation reflects a broader effort by conservative lawmakers to shift the legal immigration system away from extended-family sponsorship and toward a selection process based on professional credentials, income potential and English proficiency. Opponents of that approach argue that it devalues family unity, creates a hierarchy of immigrants based on wealth and education, and treats people seeking lawful admission as economic inputs rather than future neighbors, workers, parents and members of American communities.
For Alabama, where agricultural producers, construction companies, health care systems, universities and manufacturers all rely to varying degrees on immigrant labor and international talent, the debate also raises practical questions about whether a more restrictive legal immigration system would ease workforce pressures or make it harder for employers to fill jobs.
Tuberville said the legislation would “end disastrous diversity lotteries” and establish a merit-based admissions process. But the bill’s impact would extend beyond the diversity program, potentially changing who can reunite with family in the United States, which workers can seek permanent residence and how public universities treat nonpermanent-resident students.