Read my previous post......it's not exactly a reward, and could be all smoke and mirrors just to identify and track those who are here now.
Thanks goodness Sarah Pailin has weighed in to offer her insightful advice...
“If I were Obama I’d put all 11 million of these folks on boats and send them back to Mexico,” she opined. “The liberal media says it’s impossible to deport that many people. But I say we can do it if we have enough ships.
“Let’s commandeer all the cruise ships, all the fishing vessels and all the yachts those fat cat Obama donors own. And then let’s pack ‘em full of illegals and send these people on a one-way cruise to Mexico City.
“The long voyage back across the Mexican Ocean should give them plenty of time to think about how they shouldn’t be coming here to America and jeopardizing our freedom and prosperity by breaking our laws.”
http://dailycurrant.com/2014/11/20/sarah-palin-send-immigrants-back-across- ocean-to-mexico/
Always good to hear from Sister Sarah. The wisdom & intelligence run deep. I continue to pray that somehow she'll run for President. We need someone with her skills.
Since you're so much smarter, please explain why it's OK to reward millions of people for refusing to obey the Law.
Alloak... I think you missed the BOAT on this one.
Read my previous post......it's not exactly a reward, and could be all smoke and mirrors just to identify and track those who are here now.
"What do you tell the 100's of THOUSANDS, waiting in line to enter LEGALLY?"
What I like most is the claim that back taxes will be paid. Say someone was here 5 years and would owe 20% in taxes. That would mean they'd need a years gross salary in cash (Ok - maybe it will be over time but this is a simple model) to repay. How many people with good jobs have that type of money available? Has anyone told the administration that the economy is not good?
"What do you tell the 100's of THOUSANDS, waiting in line to enter LEGALLY?"
Where is this line?
Actually my wife is a British national. She has no problem with the executive order.
What I find amusing is that our two self-proclaimed Libartarians, Fuji and BigV, are all over Obama for taking this action. Since the Libartarians platform calls for immediate amnesty for all illegals, I guess they think that Obama didn't go far enough
What I find amusing is that our two self-proclaimed Libartarians, Fuji and BigV, are all over Obama for taking this action. Since the Libartarians platform calls for immediate amnesty for all illegals, I guess they think that Obama didn't go far enough
"What do you tell the 100's of THOUSANDS, waiting in line to enter LEGALLY?"
I remember hearing it would require a Constitutional Amendment; but it always amazes me that if you sneak into this Country to drop a kid that kid is a citizen. Made sense in 1803 - but hell; this has to be the worst most costly law on the books. I have seen poor people come into the country to do this (and the new Obama proposal justifies their actions) and even rich people do so to maximize their kids futures. This is nuts!!!!!!
What I find amusing is that our two self-proclaimed Libartarians, Fuji and BigV, are all over Obama for taking this action. Since the Libartarians platform calls for immediate amnesty for all illegals, I guess they think that Obama didn't go far enough
Please show where am I "all over" Obama for taking this action? Shouldn't be hard to research, it's all right here.
I've made two comments in this thread - both mainly about securing the border, and neither bashing Obama for doing this.
Exaggerate much?
And re: Palin - even if that was true (and I'm not saying I'd agree with the plan) it is still a proposal to Reform Immigration. The far right is as entitled to disagree with Obama as much as the left is entitled to disagree with mass deportation.
If the far right got that bill moving; would they then be entitled to say that "Obama blocks everything and refuses to work with us?"
The 'securing the border' wet dream of conservatives is amazing to me - how will we do it, and what will the cost be? Estimates have been in the billions..... is that what we should be spending money on?
Billions have been spent. And billions more will be spent on services if we don't severely slow things like the massive influx of kids this past spring/summer.
Fencing doesn't work everywhere because of the physical terrain, but it works in most places. Where we've erected double and triple fences (near San Diego), crossings are way down.
We also need to modify our laws. Few countries offers birthright citizenry, and many have repealed it in recent years. We should stop that incentive immediately. We should also repeal the laws granting certain Latin American countries special status to avoid immediate return.
We should greatly expand the ranks of the border patrol, increasing their density so that more crossings can be turned right around.
We chose not to manager this because powerful people make lots of money off of what exists today. At the same time, those with no wealth or power are taking advantage of, harmed, and sometimes killed. The lack of effective border enforcement creates that. I can't believe anyone wants more of the same.
"What do you tell the 100's of THOUSANDS, waiting in line to enter LEGALLY?"
Does this Executive Order give these folks United States passports and make them citizens? I think that the undocumented folks effected now get in line - right?
What I find amusing is that our two self-proclaimed Libartarians, Fuji and BigV, are all over Obama for taking this action. Since the Libartarians platform calls for immediate amnesty for all illegals, I guess they think that Obama didn't go far enough
Please show where am I "all over" Obama for taking this action? Shouldn't be hard to research, it's all right here.
I've made two comments in this thread - both mainly about securing the border, and neither bashing Obama for doing this.
Exaggerate much?
your sarcastic support is noted. Exactly how would you expect the border to be secured in a financially responsible way? I mean, you don't like our government spending any money, so, where would this money come from? How much will it cost?
There's no way the Sara Palin quotes are true. I'm almost positive it was a parody site. If she said that, it'd be all over mainstream media. But, I wouldn't be surprised if she did say something that stupid.
As for more security on the borders, I don't believe this is a left v right issue. As Fuji stated, I believe they are intentionally lax at the borders so business owners have cheap labor available. I'm sure there are liberal and conservative business owners who don't mind the lax border security one bit.
Exactly how would you expect the border to be secured in a financially responsible way? I mean, you don't like our government spending any money, so, where would this money come from?
For starters, it could come from the $$ used to feed, educate and provide healthcare for them.
What I find amusing is that our two self-proclaimed Libartarians, Fuji and BigV, are all over Obama for taking this action. Since the Libartarians platform calls for immediate amnesty for all illegals, I guess they think that Obama didn't go far enough
Please show where am I "all over" Obama for taking this action? Shouldn't be hard to research, it's all right here.
I've made two comments in this thread - both mainly about securing the border, and neither bashing Obama for doing this.
Exaggerate much?
your sarcastic support is noted. Exactly how would you expect the border to be secured in a financially responsible way? I mean, you don't like our government spending any money, so, where would this money come from? How much will it cost?
What is sarcastic about my question to you?
If you can't prove your accusations - which I've yet to see - then you are exaggerating. That's about the most inoffensively accurate word I could come up with.
Secure borders goes to national sovereignty and defense. Those are core functions of gov't that absolutely require funding. Billions have been dedicated to this. We spend billions on the TSA to give us security theater at the airports. All that was justified in the last 10-12 years. Why not this, especially when not doing so will result in billions also spent?
[Edited on 11/23/2014 by Fujirich]
What I find amusing is that our two self-proclaimed Libartarians, Fuji and BigV, are all over Obama for taking this action. Since the Libartarians platform calls for immediate amnesty for all illegals, I guess they think that Obama didn't go far enough
He's done too much, should have left it alone. Me?...I've explained in another thread that no Party's platform is perfect, Pound for pound, I am substantially closer to the Libertarian point of view than anything the other two have to offer.
What I find amusing is that our two self-proclaimed Libartarians, Fuji and BigV, are all over Obama for taking this action. Since the Libartarians platform calls for immediate amnesty for all illegals, I guess they think that Obama didn't go far enough
Please show where am I "all over" Obama for taking this action? Shouldn't be hard to research, it's all right here.
I've made two comments in this thread - both mainly about securing the border, and neither bashing Obama for doing this.
Exaggerate much?
your sarcastic support is noted. Exactly how would you expect the border to be secured in a financially responsible way? I mean, you don't like our government spending any money, so, where would this money come from? How much will it cost?
What is sarcastic about my question to you?
If you can't prove your accusations - which I've yet to see - then you are exaggerating. That's about the most inoffensively accurate word I could come up with.
Secure borders goes to national sovereignty and defense. Those are core functions of gov't that absolutely require funding. Billions have been dedicated to this. We spend billions on the TSA to give us security theater at the airports. All that was justified in the last 10-12 years. Why not this, especially when not doing so will result in billions also spent?
[Edited on 11/23/2014 by Fujirich]
I stand corrected. Do you agree with the Libertarians platform of immediate amnesty? Then I guess we do not need to secure the border.
An effective means of securing the border is what exactly? A 3 piece fence? The cost is prohibitive and fences can breached. The cartels have been effective in building tunnels, how do you stop that? How many Border Patrol or National Guard soldiers would be needed to patrol? How about the Gulf of Mexico beaches? Southern Caifornia beaches? Do you really think there is a way to really secure our borders?
What I find amusing is that our two self-proclaimed Libartarians, Fuji and BigV, are all over Obama for taking this action. Since the Libartarians platform calls for immediate amnesty for all illegals, I guess they think that Obama didn't go far enough
Please show where am I "all over" Obama for taking this action? Shouldn't be hard to research, it's all right here.
I've made two comments in this thread - both mainly about securing the border, and neither bashing Obama for doing this.
Exaggerate much?
your sarcastic support is noted. Exactly how would you expect the border to be secured in a financially responsible way? I mean, you don't like our government spending any money, so, where would this money come from? How much will it cost?
What is sarcastic about my question to you?
If you can't prove your accusations - which I've yet to see - then you are exaggerating. That's about the most inoffensively accurate word I could come up with.
Secure borders goes to national sovereignty and defense. Those are core functions of gov't that absolutely require funding. Billions have been dedicated to this. We spend billions on the TSA to give us security theater at the airports. All that was justified in the last 10-12 years. Why not this, especially when not doing so will result in billions also spent?
I stand corrected. Do you agree with the Libertarians platform of immediate amnesty? Then I guess we do not need to secure the border.
An effective means of securing the border is what exactly? A 3 piece fence? The cost is prohibitive and fences can breached. The cartels have been effective in building tunnels, how do you stop that? How many Border Patrol or National Guard soldiers would be needed to patrol? How about the Gulf of Mexico beaches? Southern Caifornia beaches? Do you really think there is a way to really secure our borders?
I don't agree with that part of the Libertarian party's platform. At least not completely.
100% security is impossible and we shouldn't fool ourselves that it is. But there is far more that we can do.
We should repeal birthright citizenry and eliminate that incentive for some to come here. Also repeal the special status programs that give some of the Latin American countries strategies in staying here. We should then institute a legal pathway for visas for sufficient numbers of people to work here in the seasonal and low-wage jobs they come here for in the first place.
We need a tracking system for those who come here. Currently, too many arrive, and then disappear without anyone trying to find out where they are. I wouldn't expect perfection here, but some enforcement will be better than none.
The ranks of the border patrol need to expand until we get this under control. Not doing so is harming thousands, and costing us billions already. At some point, it has to be reduced far below where it is today.
You lefties put this SHITBIRD in power so SUCK IT UP.
For those raising the concern about border security costing billions, consider...
Until these folks become citizens, they will not be required to be part of - and pay into - Obamacare. When they need help, they will go to the emergency room as they do today. The courts have ruled that hospitals must treat them.
So the unchecked flood of undocumented immigrants will keep health care costs high, or drive them higher. Won't that add billions to our national costs? Not to mention other civic resources being used (unemployment, welfare, food stamps, etc)
Granted, there is no easy answer here, but steps must be taken.
For those raising the concern about border security costing billions, consider...
Until these folks become citizens, they will not be required to be part of - and pay into - Obamacare. When they need help, they will go to the emergency room as they do today. The courts have ruled that hospitals must treat them.
So the unchecked flood of undocumented immigrants will keep health care costs high, or drive them higher. Won't that add billions to our national costs? Not to mention other civic resources being used (unemployment, welfare, food stamps, etc)
Granted, there is no easy answer here, but steps must be taken.
Billions? No. And by what you have said in the past, billions is small change. Without actual figures as to what we spend on the undocumented, everything is just a guess.
For those raising the concern about border security costing billions, consider...
Until these folks become citizens, they will not be required to be part of - and pay into - Obamacare. When they need help, they will go to the emergency room as they do today. The courts have ruled that hospitals must treat them.
My wife is not a citizen and she "has been paying into Obamacare"... meaning she has insurance, she pays taxes and social security, property taxes, personal property taxes, etc...
For those raising the concern about border security costing billions, consider...
Until these folks become citizens, they will not be required to be part of - and pay into - Obamacare. When they need help, they will go to the emergency room as they do today. The courts have ruled that hospitals must treat them.
My wife is not a citizen and she "has been paying into Obamacare"... meaning she has insurance, she pays taxes and social security, property taxes, personal property taxes, etc...
Your wife has some type of legal status and an income. I'm a physician in an area with a large immigrant population; they come in three generations (grandma being 35) at a time all on the dole. I don't think anyone has a problem letting productive workers have a path to citizenship; but the cost (already huge but would skyrocket) of legitimizing the underclass will be staggering. And re back taxes; we will never see that money.
I think people (largely Republican) welcomed slave labor for a lot of years; and I think the Democrats are trying to politically appease their constituency. But this problem is huge - and the current administration is either naïve about the costs or intentionally misleading the public
S. 744 - Border Security, Economic Opportunity, and Immigration Modernization Act
Passed in the United States Senate on June 27, 2013
This bill enacted, established and provided for:
I - Border Security
Overview
-Deploy at least 38,405 full-time Border Patrol agents along the southern border (including an additional 19,200 more than currently in place)
-Mandate an electronic exit system at all ports where Customs and Border Protection agents are deployed
-Construct at least 700 miles of fencing, including double fencing
-Increasing mobile surveillance
-Deploy aircraft and radio communications
-Construct additional Border Patrol stations and operating bases
-Hire additional prosecutors, judges, and staff
-Provide additional training to border officers
-Increase prosecutions of illegal border crossings
-Establish mandatory area-specific technology and infrastructure that includes watch towers, camera systems, mobile surveillance systems, ground sensors, fiber-optic tank inspection scopes, portable contraband detectors, radiation isotope identification devices, mobile automated targeting systems, unmanned aircraft, radar systems, helicopters, and marine vessels, among other minimum requirements.
-Mandates 24-hour surveillance of the border region using mobile, video, and portable systems, as well as unmanned aircraft, and deploys 1,000 distress beacon stations in areas where migrant deaths occur.
-Increase enforcement against visa overstays
-The Department of Homeland Security is required to initiate removal (deportation) proceedings, confirm that relief from removal is pending or granted, or otherwise close 90 percent of the cases of immigrants who have overstayed their visas by more than 180 days in the last 12 months.
-Pilot program is created to notify immigrants that their visas are about to expire.
Funding
-$46.3 billion of initial funding to implement the Act.
-Additional funding will be provided by visa and other user fees, which may be increased as necessary.
-$30 billion will be dedicated over a 10-year period to hiring and deploying at least 19,200 additional Border Patrol agents.
-$8 billion will be dedicated to the Southern Border Fencing Strategy, of which $7.5 billion will be for deployment and maintenance of fencing.
-$750 million will be dedicated to E-Verify implementation and expansion.
-$4.5 billion will be spent to carry out the Comprehensive Southern Border Security Strategy, and—if necessary—$2 billion will be allocated to implement the recommendations of the Southern Border Security Commission.
Southern Border Fencing Strategy
-The bill requires that the Secretary of Homeland Security submit within 180 days of enactment of the bill a Southern Border Fencing Strategy that will identify where 700 miles of fencing, double fencing, infrastructure, and technology should be deployed.
-The Secretary must also produce a Comprehensive Southern Border Security Strategy within 180 days that will establish “effective control” of the border, which is defined as persistent surveillance of 100 percent of the border and a 90 percent effectiveness rate in preventing illegal crossings.
-The bill mandates the creation of a bipartisan Southern Border Security Commission that will be responsible for making recommendations and spending additional funds in order to achieve border-security goals if the Secretary of Homeland Security cannot certify “effective control” of all border sectors for at least 1 fiscal year within 5 years of enactment.
Mandated Requirements PRIOR To Illegals Beginning A Path To Resident Alien Or Legal Citizenship Status
-The Southern Border Security Strategy must be deployed and operational
-The Southern Border Fencing Strategy must be implemented and 700 miles of fencing completed
-Mandatory employment verification system for all employers must be implemented
-Electronic exit system must be implemented at all air and sea ports where Customs and Border Protection officers are present
-At least 38,405 full-time Border Patrol agents must be deployed along the southern border
Oversight
-Independent Department of Homeland Security Border Oversight Task Force, with 29 members appointed by the President, including 12 members from the northern border region and 17 from the southern border region, will be established to make recommendations on border-enforcement policies, the impact of these policies on border communities, the protection of due-process rights and civil rights of border residents and migrants, and the training of border personnel, among other duties
-he Secretary of Homeland Security will be required to report to Congress regarding the effectiveness of border security, the effectiveness of surveillance, wait times for border crossings, and border staffing
-The U.S. Citizenship and Immigration Services (USCIS) Ombudsman’s authority will be expanded to cover all DHS immigration agencies, including U.S. Customs and Border Protection.
This is section one of five. Why did this die in the House?
II - Immigrant Visas
-The bill will allow undocumented immigrants to apply for Registered Provisional Immigrant (RPI) status if they have been in the U.S. since December 31, 2011, have not been convicted of a felony or three or more misdemeanors, pay their assessed taxes, pass background checks, and pay application fees and a $1,000 penalty (which may be paid in installments), among other requirements
-Applicants must also be admissible under current law, which excludes individuals who have committed certain offenses, participated in terrorist acts, or belong to other excluded categories
-Spouses and children of RPIs would also be eligible
-RPIs will not be eligible for federal means-tested public benefits such as Medicaid, food stamps, and benefits under the Affordable Care Act, and in general will not receive social security credit for previous unauthorized employment (except in the case of those who received a Social Security number prior to 2004)
-Many undocumented immigrants eligible for RPI status could be disqualified based solely on immigration status-related violations of immigration law. Consequently, certain grounds of inadmissibility or other factors that would disqualify a large segment of the undocumented population do not apply to RPI applicants. For example, the 3 and 10 year bars do not apply.
-Judges also have greater flexibility to make case-by-case determinations involving minor criminal violations or other infractions for humanitarian purposes, to promote family unity, or in the public interest.
-Individuals who have been deported are generally ineligible, but may be permitted to re-enter the United States and apply for RPI status if they meet all other requirements and have close relatives who are U.S. citizens or Lawful Permanent Residents.
-If S. 744 becomes law, there will be a delay between its enactment and implementation of the RPI program.
-The bill gives the government a year to publish regulations governing the program.
-The official application period should begin on the date of final publication of these regulations and is set to run initially for one year, with a possible extension of an additional 18 months at the discretion of DHS.
-In the interim, S. 744 prohibits removal of individuals who are eligible for RPI status, although it does not stop DHS from putting anyone in immigration proceedings who has committed crimes or is otherwise ineligible for status
-The initial grant of RPI status is good for six years. RPI status may be renewed for six years if the immigrant has remained regularly employed, which allows for gaps of up to 60 days between employment periods
-If the immigrant cannot show continuous employment, he or she must demonstrate income or resources not less than 100 percent of the poverty level. Note that the 2013 federal poverty level for a family of four is $23,550 per year
-There are exemptions to the employment requirement for full-time enrollment in school, maternity leave, medical leave, physical or mental disabilities, children under 21, and extreme hardship.
-Applicants for RPI renewal must also undergo another background check, pay taxes, and pay any remaining balance of the $1,000 RPI penalty, among other requirements.
-Registered Provisional Immigrants will be able to apply for Lawful Permanent Residence (a “green card”), but they must go to the “back of the line” and have been in RPI status for at least 10 years. They will receive permanent residency only after all other applications submitted before the enactment of the bill have been processed. Like the RPI requirements, the requirements for permanent residence will include maintaining regular employment, which allows for gaps of up to 60 days at a time.
- In the alternative, if an applicant cannot show regular employment he or she would have to show an average income or resources of 125 percent of the poverty line during the RPI period.
-Exceptions are made for full-time students, children under 21, physical or mental disability, and showings of extreme hardship.
-Applicants would also have to show that they have maintained RPI status, paid taxes, meet English proficiency requirements (or be pursuing a course of study in English), pass an additional background check, and pay application fees and an additional $1,000 penalty.
-RPI applicants must submit biographic and biometric data (fingerprints) to allow DHS to conduct national security and law-enforcement checks.
-Applicants may be required to appear for a personal interview to determine eligibility.
-They must pass an additional background check when they renew their RPI status, and nationals of countries that are deemed a threat to national security may be required to pass additional screenings.
-DREAMers apply for RPI status under the same application process as other undocumented immigrants. However, they may apply for Lawful Permanent Residence after five years in RPI status. To qualify for this accelerated program, an applicant must have entered the U.S. before he or she turned 16, have been in RPI status for at least five years, have earned a high-school diploma or GED, have completed at least two years of college or four years of military service, and have passed an English test and background checks, among other requirements. DREAMers may apply for citizenship as soon as they receive their green card.
-Undocumented agricultural workers will be eligible for an immigrant status called a blue card. To qualify they must have performed at least 575 hours or 100 work days of agricultural employment during a two-year period ending December 31, 2012, and must pay a penalty and pass background checks.
-They must meet the same criminal and admissibility requirements as applicants for RPI status.
-They can be in blue-card status for up to eight years after regulations are published, and will not be eligible for federal means-tested public benefits.
-Blue-card holders may apply for Lawful Permanent Resident status five years after enactment of the bill if they have continued to work in agriculture, paid their taxes, and pay a fine.
-They may apply for citizenship after being permanent residents for five years.
This is the first half of the second section. Why did this die in the House?
Legal Immigration Reforms
-This subtitle lays out reforms and new components of the immigration system and addresses backlogs and immigration levels. In particular, it creates a new merit-based point system with two tracks that award points to immigrants with educational credentials, work experience, and other qualifications. It will function alongside the current family-based immigration and employment-based immigration programs, which allow U.S. companies, citizens, and legal permanent residents to file petitions for relatives or employees.
This merit-based point system allows foreign nationals to obtain Lawful Permanent Residence in the United States by accumulating points mainly based on their skills, employment history, and educational credentials. At the same time, the current immigrant visa categories for siblings and adult married children of U.S. citizens, as well as the diversity visa program, are eliminated and replaced by this system.
-Between 120,000 and 250,000 visas would be allocated each year based on the point system. The visa cap would fluctuate using a formula that takes into account the number of visas requested the previous year and the unemployment rate.
-The system would be divided into two “tiers,” tier one visas would be designated for higher-skilled immigrants with advanced educational credentials and experience, and tier two visas would be reserved for less-skilled immigrants. Beginning in fiscal year 2018, 50 percent of the visas will be allocated to applicants with the highest number of points under tier 1, and 50 percent will be allocated to applicants with the highest number of points allocated under tier 2.
-The allocation of points in both tiers is based on a combination of factors, including education, employment, occupation, civic involvement, English language proficiency, family ties, age, and nationality. For example, 15 points are allotted for a doctoral degree, 3 points for each year of work experience in a highly-skilled job, 10 points for being a primary caregiver, and 8 points for being under the age of 24. There is no “passing score” that needs to be reached to qualify. However, the system prioritizes immigrants who are young, educated, experienced, skilled, and fluent in English. Family ties and regional diversity are less-heavily weighted. Ten points maximum of a total of 100 are assigned based on family ties, and 5 points are given to nationals of countries with low immigration to the United States. Years spent working in the U.S. as a W nonimmigrant worker can be credited towards a merit-based application under Track 1, tier 2.
-The current immigrant visa system has created enormous backlogs of applicants, who sometimes have to wait decades to get an immigrant visa. This track will clear the backlog of applicants by allocating visas to applicants with pending applications over the course of 7 years starting in 2015, allowing these immigrants to qualify for Lawful Permanent Residency by 2021.
-Starting October 1, 2014, family- or employment-based applicants whose applications have been pending five years or more under the current system will become eligible for a visa. The Secretary of DHS is authorized to devise a process for distributing these visas over a seven-year period. In addition, the track two merit-based system makes visas available to RPIs who have maintained that status for at least 10 years.
-It is critical to the authors of the bill that the visa backlog be eliminated and that those who followed the rules receive legal status before RPIs can qualify for green cards. This section essentially ties those programs together, authorizing DHS to do what it takes to eliminate the backlogs within seven years. In the meantime, RPIs must earn their green cards through employment, learning English, paying taxes, and other contributions to the country.
Family-based immigration
-Petitions for spouses and children of Lawful Permanent Residents under the current family-based system will be considered immediate relatives, making them exempt from current visa caps and immediately eligible for green cards. There will no longer be an immigrant category for siblings of U.S. citizens, and visas will no longer be available to married sons or daughters of U.S. citizens who are over 31 years of age. These relatives would have to apply under the new point system or find another avenue in order to immigrate. The annual worldwide level of family-based immigrant visas will remain at 480,000 per year, minus the visas assigned to immediate relatives the previous year, but not less than 161,000 per year starting 18 months after enactment.
-S. 744 makes significant improvements to the family-sponsored immigration system, but does not address all criticisms. Notable improvements include eliminating the current backlogs in the system by 2021, recapturing unused visas from previous years, allowing parents of U.S. citizens to bring their minor children at the time they immigrate, and allowing for immediate reunification for spouses and minor children of Lawful Permanent Residents. On the other hand, the bill eliminates the categories for siblings and adult married children of U.S. citizens if they are over 30. The bill also does not specifically allow U.S. citizens or LPRs to petition for green cards for their same-sex spouses. However, since the Defense of Marriage Act (DOMA) was struck down by the Supreme Court in the case of United States v. Windsor on June 26, 2013, same-sex couples have been eligible for immigration benefits for the first time without any change to current immigration law.
Employment-based immigration
-Country-specific limits on employment-based immigrant visas, which have caused enormous backlogs for applicants from large countries like China and India, are eliminated. This will allow applicants from these countries equal access to the available employment-based visas. Certain highly skilled and exceptionally talented immigrants are also exempted from the worldwide cap, such as those who have extraordinary ability or advanced degrees in STEM fields from U.S. universities. STEM graduates would also be exempt from the labor certification requirement. The annual worldwide cap on employment-based immigrant visas will remain at 140,000 per year.
-Some of the provisions in S. 744 would result in meaningful improvements in the employment-based system. As mentioned above, the bill will eliminate the current backlogs of pending applications in the system by 2021, and will allow the recapture of unused visas from previous years, in addition to preventing future backlogs of applicants from oversubscribed countries by eliminating country-specific caps. Highly skilled and very talented immigrants will be exempt from the cap, including immigrants of extraordinary ability, multinational executives, graduates of U.S. universities with advanced degrees in STEM fields, and physicians who fill special medical needs such as working in medically underserved areas. Spouses and children of employment-based immigrants will also be cap exempt, which means that each of the 140,000 visas allocated will go to an applicant hired for a job.
Integration Into Society
-Compared to reform proposals from 2006 and 2007, S. 744 contains stronger devices designed to facilitate immigrants’ language acquisition, civic engagement, financial self-sufficiency, and upward economic mobility. In particular, the bill creates three new organizational structures: the Office of Citizenship and New Americans, the Task Force on New Americans, and the United States Citizenship Foundation.
-Office of Citizenship an New Americans - This office will be responsible for promoting training on citizenship responsibilities for new immigrants, providing advice on integrating immigrants into society, establishing goals for immigrant integration, and providing information about English and citizenship education programs.
-The Task Force on New Americans will coordinate the federal response to immigrant-integration issues and advise on how to carry out policies and goals concerning access to education, workforce training, health care policy, access to naturalization, and community development.
United States Citizenship Foundation - The Foundation will expand citizenship-preparation programs, coordinate integration programs, and provide assistance to individuals applying for RPI status, LPR status, and naturalization.
Other changes to immigrant and non-immigrant visa programs
-This title creates a new nonimmigrant, less-skilled W visa agricultural worker program. (Note that Title 2 describes the agricultural W visa program while the non-agricultural W visa is described in Title 4.) When this program is operational it will replace the H-2A agricultural worker program, which has been criticized for being bureaucratic and inflexible. The program is innovative in that foreign workers enter the U.S. to work for employers designated by the Department of Agriculture, and may leave one job to go work for other designated agricultural employers. Designated agricultural employers must perform recruitment activities to show there are no available U.S. workers before W visa workers can be employed. W-2 visas are issued to contract employees and W-3 visas are issued to “at-will” employees. W visas are approved for 3 years and renewable for another 3. Employers must pay the W workers the higher of the minimum wage or specified wage rates, must generally provide housing or a housing allowance, and must provide U.S. workers the same benefits, wages, and working conditions. After the 5th year of the program the W agricultural visa cap will be set by the Department of Agriculture using a calculation that takes into account unemployment rates, market demand, and other factors.
-Various changes are also made to the V visa program, including making it available to siblings of citizens and permanent residents. Additional protections are provided for children of the beneficiaries of visa petitions, stepchildren, widows, and orphans. The EB-5 investor visa program and the Conrad-30 J waiver program for physicians working in medically underserved areas are modified and made permanent.
This is the second half of the second section. Why did it die in the House?
III - Interior Enforcement
E-Verify
-E-Verify is an internet-based system that allows businesses to determine the eligibility of their employees to work in the United States by comparing information from an employee’s Employment Eligibility Verification Form I-9 to data from U.S. government records. Because the system is not currently mandatory, only around 7 percent of employers in the U.S. are currently enrolled in E-Verify.
-Under S. 744, E-Verify will be expanded and made mandatory for all employers over a period of five years. The bill requires identity verification through the use of enhanced fraud-proof documents, such as tamper- and identity-theft resistant Social Security cards, and the use of a photo tool to allow employers to verify an individual’s identity
-Employers are required to confirm identity and employment authorization within three business days after the employee accepts the offer of employment
-A mandatory entry and exit system will be implemented at all air and sea ports to help ensure that foreign nationals are leaving the United States as required
-The bill will take precedence over local and state laws related to the hiring of foreign nationals, creating a uniform national standard. However, the bill does not allow the creation of a national identification card.
-Employers who knowingly hire, recruit, refer, or continue to employ an unauthorized immigrant or fail to comply with E-Verify requirements are subject to increased civil or criminal penalties. Civil fines are increased up to $25,000 per violation for employers that have committed multiple violations related to hiring unauthorized immigrants. Criminal penalties include two years in prison for employers who have repeatedly hired unauthorized workers, in addition to fines of up to $10,000. Employers who comply with the system’s requirements in good faith will not be penalized if DHS later determines that they have employed an unauthorized worker.
-The bill requires employers to use the E-Verify system for work authorization verification only, and prohibits its use for discriminatory purposes. The system will be subject to regular assessments and audits to detect misuse, discrimination, fraud, identity theft, and civil rights or privacy violations. Workers will have direct access to their information in the system, and will have the right to appeal a determination that they are not work authorized. Reports on the effects of the system on employers, U.S. nationals, and work-authorized individuals will be required.
-Generally speaking, all employers must use the E-Verify system within five years. Employers with more than 5,000 employees must use it no later than two years after publication of the regulations. Employers with more than 500 employees must use it within three years, with an exception for agricultural employers, who are given four years. All remaining employers subject to mandatory E-Verify must use the system within four years, with an exception for Indian tribal government employers, who are given five years, and for employment that is “casual, sporadic, irregular, or intermittent.”
-As with the current I-9 form process, which requires an applicant to show proof of identification and work authorization in order to be employed in the U.S., E-Verify is a system for validating work authorization. As a web-based system that relies on the integrity of other databases for its information, it has the potential to be more reliable than a human being merely glancing at documents, but it also has the potential to create significant confusion and delay for some employers and employees. S. 744 attempts to balance those possibilities, putting an emphasis on creating a more reliable database, offering clear safeguards for dealing with mistakes, and protections for privacy. Moreover, because it is tied to the implementation of a legalization program, it will be far more likely that the vast majority of people subject to E-Verify will be work authorized.
-Currently, the law requires that asylees apply for asylum within one year of arrival in the United States. This requirement may prevent immigrants with legitimate claims of persecution from gaining asylum protection if their applications were delayed due to fear, lack of information, or other circumstances beyond their control. The bill eliminates the one-year deadline. The bill also eliminates barriers to family reunification and authorizes asylum officers to conduct a full asylum interview and grant asylum to asylum?seekers identified at or near a U.S. border after they have successfully passed a credible fear interview, rather than sending them to the immigration courts. In the interest of efficiency, the President, in consultation with the Secretary of State and DHS, may designate certain persecuted groups with common characteristics whose resettlement in the United States is justified by humanitarian concerns or is otherwise in the national interest as meeting the requirements of refugee status. The bill also clarifies that asylum applicants are entitled to work permits within 180 days of filing an asylum application.
-S. 744 includes expanded protections against human smuggling and trafficking. Employers recruiting workers abroad are required to register with the Secretary of Labor and post a bond. Employers must disclose the conditions of the visa and the work contract to the worker and are prohibited from charging the workers recruitment fees. S. 744 expands the availability of the U visa to include victims of serious workplace abuse, slavery, or other serious violations of workers’ rights. The bill increases penalties for human smuggling activities and establishes a pilot program to prevent child trafficking. Protections specific to J visa exchange program workers are provided, including disclosures of the terms of employment, payment of bonds by program sponsors, and audits of the exchange programs.
-The bill provides additional protections for immigrants who are battered by their spouses and for other vulnerable individuals. Battered immigrants will be eligible to receive certain public housing, and will be eligible for work authorization while their VAWA petitions are pending. The bill also permits qualified stateless individuals to apply for Lawful Permanent Resident status.
-Under current law, immigrants in removal proceedings do not have the right to appointed counsel if they cannot afford to hire a lawyer. The bill changes this in the case of unaccompanied minor children, immigrants with serious mental disabilities, and other particularly vulnerable individuals, and requires that a lawyer be appointed to represent them. The bill requires that immigrants in proceedings have access to evidence in the government’s files and adds additional immigration judges, additional court staff, and additional training programs for judges and staff.
-The bill limits the use of solitary confinement and bars its use with children and the seriously mentally ill. In addition, the bill provides for secure, humane alternatives to detention such as electronic monitoring, increases oversight of detention facilities, mandates prompt custody determinations and bond hearings, and provides guidelines for the detention of the parents and caregivers of children.
-The bipartisan sponsors of S. 744 recognized that one of the consequences of the broken immigration system has been the deterioration of due-process protections and a severely strained immigration court system. The changes proposed to both systems begin to address long-standing criticisms of the government’s failure to adequately use alternatives to detention, to provide sufficient resources to immigration courts to process cases, and to ensure humane treatment of those in the government’s custody. Justifications for these measures include not only ensuring appropriate standards of treatment, but efficiency and cost arguments related to the best way to manage a highly complex system.
Penalties for Crimes
Non-citizens may be found inadmissible or deportable and removed from the U.S. if they have committed certain offenses. Immigrants who have been admitted to the United States can be subject to deportation, or found to be deportable. Immigrants who are applying for admission to the U.S., or are applying for lawful status in the U.S., may be found to be inadmissible.
-The bill makes immigrants inadmissible or deportable if they have been convicted of an offense that involves participating in a street gang and promoting the criminal activity of the gang. Undocumented immigrants involved in gangs will also be ineligible for Registered Provisional Immigrant status. The bill makes immigrants inadmissible if they have been convicted of a crime of domestic violence, stalking, child abuse, child neglect, or child abandonment for which they served at least one year in prison, or if they were convicted of more than one such crime. In addition, during committee mark up, Senator Grassley (R-IA) proposed, and the committee adopted, an amendment that makes three drunk-driving offenses punishable as an aggravated felony. Criminal penalties for illegal entry, for visa fraud, passport fraud, and passport trafficking are also increased.
This is the third section. Why did this die in the House?
IV: Reforms to Nonimmigrant Visa Programs
-This title reforms the nonimmigrant visa programs for skilled workers and creates new programs for less-skilled workers, investors, and visitors. The visa cap on the H-1B skilled-worker program is raised while worker protections are increased. A new W nonimmigrant visa for less-skilled workers creates a new process for hiring foreign labor. A new nonimmigrant investor visa and an immigrant investor visa are also created. These employment-related programs aim to ensure that the U.S. economy has access to the labor and investment that it needs to drive growth and innovation, while protecting workers from exploitation.
Nonimmigrant Skilled Worker Visas
-Nonimmigrant visas are short-term visas for foreign workers who do not intend to stay in the U.S. permanently. The U.S. economy has a critical need for temporary highly skilled workers, particularly in the fields of science, technology, engineering, and math (STEM). Nonimmigrant skilled worker visas allow foreign workers with advanced skills to come to the U.S. temporarily to fill these needs. The most common skilled worker visas are the H-1B and L-1 visas. The H-1B visa is for foreign workers with at least a bachelor’s degree who come to work temporarily in a specialty occupation. The L-1 visa is for foreign workers who have gained essential experience abroad with a multinational employer that needs to transfer them here temporarily to assist in their operations in the United States.
-The bill raises the annual H-1B visa cap, raises H-1B wage requirements, and requires employers to make significant efforts to recruit U.S. workers. The current H-1B visa cap of 65,000 is replaced with a cap that fluctuates between 115,000 and 180,000 based on a market escalator formula that considers employer demand and unemployment data. The lowest level wage that must be paid to H-1B workers is raised by narrowing the range of wages that employers must pay H-1B workers. Employers are required to place mandatory ads and perform other good faith recruitment to find U.S. workers before hiring an H-1B worker. Employers cannot intentionally displace U.S. workers and must pay an additional fee to place an H-1B worker with another company. Heavy users of the H-1B program, such as H-1B dependent employers or H-1B skilled worker dependent employers, have additional obligations, such as offering the job to U.S. workers first and a prohibition on having more than 50 percent H-1B or L-1 workers in their workforce. The bill also makes it easier for H-1B workers to change employers and limits employers’ ability to place L-1 workers with other employers.
Nonimmigrant Non-Agricultural Less-Skilled Worker Visas
-The bill creates a W nonimmigrant visa for less-skilled, non-seasonal, nonagricultural workers, such as workers in janitorial and hospitality industries. (Note that Title 4 describes the non-agricultural W visa program while the agricultural W visa is described in Title 2.) W workers are admitted for a three-year period, renewable for an additional three-year period, and must work for registered non-agricultural employers in registered positions. The program will be supervised by a new entity, the Bureau of Immigration and Labor Market Research, which will designate shortage occupations and provide data and recommendations. The annual W visa cap for registered non-agricultural positions will fluctuate between 20,000 and 200,000, and employers must pay the W workers the actual wage or the prevailing wage for the occupation, whichever is higher. The cap for the construction industry will be 15,000. Employers are required to recruit U.S. workers for their positions, attest that working conditions of U.S. workers will not be adversely affected, and attest that there are no U.S. workers available for the jobs. A complaint process will be established to report violations, and penalties will include back wages, benefits, and civil penalties.
-The W visa program is the result of extensive negotiations between labor and business groups to create a program that is simple and efficient enough to meet business needs while protecting workers’ wages and working conditions. It is very different from previous temporary worker programs because it allows workers to leave their jobs to work for other employers registered with the program, creating a pool of labor that is responsive to labor market needs. W workers could also eventually apply for Lawful Permanent Residence using Tier 2 of the new Track 1 merit-based point system, marking the first time that such workers would be allowed to transition to permanent resident status without employer sponsorship.
Investor Visas
-The bill aims to attract additional investment and create jobs in the U.S. through new investor visa programs. It creates a nonimmigrant investor visa, or X visa, which is for entrepreneurs whose businesses have attracted at least $100,000 in investment, or have created no fewer than three jobs during a two-year period prior to the application and generated $250,000 in annual revenue. This is a temporary nonimmigrant visa that is granted for three years. The bill also creates an EB-6 immigrant investor visa that leads to Lawful Permanent Residence. This visa is for entrepreneurs who have a significant ownership in a U.S. business and have had a significant role in the start-up of the business. The business must have created at least five jobs and must have received at least $500,000 in venture capital or investment, or created five jobs and generated $750,000 in annual revenues in the prior two years.
Other Nonimmigrant Visas
-The bill also creates and changes several other visa programs. It allows F-1 student visa holders to have dual intent. This means that students coming to the U.S. are allowed to have the intent to stay either temporarily or permanently. The bill creates a nonimmigrant retiree visa for foreign nationals over 55 who do not work, have health insurance, and have $500,000 to buy a residence in the U.S. The bill creates a Canadian retiree tourist visa that will allow Canadians over age 55 with a residence in Canada to enter the United States for up to 240 days. The bill modifies the H-2B nonimmigrant visa program, which is for non-agricultural, less-skilled workers who fill temporary, peak-load, or seasonal needs. It requires that H-2B workers be paid the prevailing wage or the actual wage paid to U.S. workers, whichever is higher, and requires that employers attest that they do not displace U.S. workers. The bill also allows employees of multinational corporations to enter the United States for 90 days to oversee operations or for 180 days for leadership and development training.
This is section four of five. Why did it die in the House?
