Thread: Synopsis of US Senate Guestworker Amnesty Compromise

Synopsis of US Senate May 2007 Guestworker Amnesty Compromise
This synopsis is taken from the article Details Revealed of Senate Compromise Bill, by Jed Babbin, Human Events Online, May 17, 2007

Border Security and Immigration Reform Act of 2007


Title I


Title I requires the Secretary of Homeland Security to certify that the triggers are met before the Title IV (Guest Worker) and Title VI (Z visa ) programs can begin, with the exception of probationary status for Z workers and the programs for agricultural workers.

Triggers include:
18,000 (CBP) Border Patrol hired
Construction of 200 miles of vehicle barriers and 370 miles of fencing
70 ground-based radar and camera towers along the southern border
Deployment of 4 Unmanned Aerial Vehicles and supporting systems
The ending of catch-and-release
Resources to detain up to 27,500 aliens per day on an annual basis
The use of secure and effective identification tools to prevent unauthorized work.
The receiving and processing and adjudicating of applications for Z status.
Title I also includes authorities and resources to augment border security including:
physical infrastructure along the border
additional field and investigative agents
comprehensive plans and studies of the border region
revisions to law enforcement techniques and enhanced authorities.
Title II

Title II provides for interior enforcement of immigration laws.

The stiffening of laws and penalties relate to:
the detention of criminal aliens
the definition of aggravated felony
gang violence
passport, visa, and immigration fraud, including marriage fraud
the streamlining of background checks for immigration status
Other provisions include language regarding:
Increased penalties for illegally entry and reentry
encouraging aliens to depart voluntarily
prohibiting aliens to possess firearms
alternatives to detention
state and local law enforcement reimbursement and training
Title III

Title III addresses workplace enforcement by increasing penalties, revising and making mandatory a system of electronic employment verification, and promoting information sharing.

This Title designs a worksite enforcement system that relies on electronic employment verification and a reduced list of documents that may be presented to employers to prove identity and work eligibility. Also increases penalties significantly over current law for unlawful hiring, employment, and recordkeeping violations.
Verification of employees: As of the date of enactment, employers in national security-related industries, industries involving critical infrastructure, and federal contractors to electronically verify employees, including new hires and/or current employees may be required to verify individuals, with additional employers or industries added after 6 months.
o All employers would be required to electronically verify new hires within 18 months of enactment, or on the date on which the Secretary certifies that the system is operational.

o Once the system is implemented, all employers would be required to verify all current employees within by 3 years after enactment.

Structure of the EEVS: After the date of hire but no later than the first day of employment, the employer must transmit to the EEVS via the Internet the data that the employer has taken from the worker’s identity and work eligibility documents.
Inconclusive determinations: Where the EEVS cannot conclusively determine the status of a worker’s eligibility, a further action notice is issued and the individual must contact the appropriate federal or state agency to initiate resolution of status and the individual continues to work while the agency resolves his or her status.
Final nonconfirmation: If the employer has received a final non-confirmation regarding an individual, the employer must terminate the employment of the individual, unless the individual files an administrative appeal of a final non-confirmation notice within 15 days.
Data and Information Sharing: The Commissioner of Social Security must provide the following information to the Secretary of DHS regarding data contained within the Social Security database as in relates to employment verification.
Fraud and tamper resistant social security cards: Not later than 180 days after date of enactment, the Commissioner is required to begin work to administer and issue fraud-resistant, tamper-resistant Social Security cards.
Title IV

Title IV establishes a new temporary Y worker program to address future labor needs of temporary foreign workers and discourage future illegal employment of undocumented individuals. The title also includes measures to protect the rights of U.S. and foreign workers and prevent the U.S. employer from abusing the program.

Structure of new visa programs: This title creates a new future temporary worker program for workers who are coming to the U.S. to perform temporary job that the U.S. employer is unable to fill. It provides for:
non-seasonal Y temporary worker (Y-1 visa)
seasonal temporary worker
Y-2A for agricultural workers, sheepherder, goat herders, and dairy workers
Y-2B for non-agricultural workers; and their spouses and minor children (Y-3 visa).
Matching Willing Workers with Willing Employers: All Y workers must be matched to a “willing employersâ€

Title I requires the Secretary of Homeland Security to certify that the triggers are met before the Title IV (Guest Worker) and Title VI (Z visa ) programs can begin, with the exception of probationary status for Z workers and the programs for agricultural workers.

And this means that they would still be legally here just on probation pending the Z visas correct?

Triggers include:
18,000 (CBP) Border Patrol hired (Hired and USED? or just hired?)
Construction of 200 miles of vehicle barriers and 370 miles of fencing (This will reduce the amount of fence from almost 800 signed recently down to less then half!)

70 ground-based radar and camera towers along the southern border

Deployment of 4 Unmanned Aerial Vehicles and supporting systems

The ending of catch-and-release (This bill leaves the number of beds necessary to end the catch and release program woefully short of the number actually needed. I think they will have 31,000 beds but they requested no less then 41,000 beds)

Resources to detain up to 27,500 aliens per day on an annual basis

The use of secure and effective identification tools to prevent unauthorized work. (How do they intend to do this when they are only allowing a 24 hour period for background checks after the application for a z visa is filed until legal status is awarded)

The receiving and processing and adjudicating of applications for Z status.
(Again.....24 hours to process every application given, then background check complete or not....they get a visa

Title I also includes authorities and resources to augment border security including:
physical infrastructure along the border
additional field and investigative agents
comprehensive plans and studies of the border region
revisions to law enforcement techniques and enhanced authorities.
Title II
Is this just a vague open ended possibility?

Title II provides for interior enforcement of immigration laws.

The stiffening of laws and penalties relate to:
the detention of criminal aliens
Gang members will be issued z visas if only they will sign a form stating that they are giving up their gang affiliation

the definition of aggravated felony
gang violence
passport, visa, and immigration fraud, including marriage fraud
the streamlining of background checks for immigration status
(24 hours for background checks...how would all of this be possible to catch and deal with before legal papers are given out...)

Other provisions include language regarding:
Increased penalties for illegally entry and reentry (wouldn't the fence and barriers end that? If not, then they have not secured the country properly)

encouraging aliens to depart voluntarily (how would they ever hope to entice them to do that with all the perks they get for staying?)
prohibiting aliens to possess firearms (What about after they are given the full rights of citizenship?)

alternatives to detention
state and local law enforcement reimbursement and training
Title III

Title III addresses workplace enforcement by increasing penalties, revising and making mandatory a system of electronic employment verification, and promoting information sharing.
Between the z visa, the guest worker program and the H1-B program, I don't think there will be anyone left to work illegally

This Title designs a worksite enforcement system that relies on electronic employment verification and a reduced list of documents that may be presented to employers to prove identity and work eligibility. Also increases penalties significantly over current law for unlawful hiring, employment, and recordkeeping violations. (why don't they just do this now if it is so easy to do. Why do we have to give amnesty first?)