Thread: Senate passed Amnesty/Immigration Reform as an amendment

I received this email from ifire tonight.

The Senate passed Amnesty/Immigration Reform as an amendment to the Minimum Wage Bill which had over 100 amendments attached.

For more details, click and scroll down http://thomas.loc.gov/cgi-bin/query/F?r ... QXt:e80266

----- Original Message -----

Sent: Sunday, February 04, 2007 8:28 PM
Subject: LEG/INS: Looks like Amnesty passed the Senate on Thursday

Once again - the Cheerleaders win - America loses...
Keep the eyes of Americans diverted with some sporting event and they forget the real 'game' being played.

The Bush plan for illegal immigration: Imprison those trying to stop it





Subject: Looks like Amensty passed the Senate on Thursday
Date: Sun, 4 Feb 2007 19:02:38 -0700


The Senate Minimum Wage Bill passed on Thursday, including Amendment 187, which included everything below the double red broken line. Roy Beck says they were aware of it but were working quietly behind the scenes on parliamentary procedures to prevent a floor vote.

Rob Sanchez stumbled across this quite by chance, and notified Roy Beck, copying Norm Froman as well as myself.

Amendment 187 is essentially McCain-Kennedy and was sent to the House as an amendment to the House bill. You can bet Nancy Pelosi won't let it gather dust on her desk--she'll ramrod it through at lightning speed. It may reach Jorge Boosh's desk by the end of the week.

We can tell our children and grandchildren that we lost our country while everyone was busy watching the 2007 Super Bowl.
================================================== ================
Page: S1088
DIVISION B--IMMIGRATION REFORM
DIVISION B--IMMIGRATION REFORM
TITLE I--BORDER SECURITY
Page: S1089
Subtitle A--Border Security Strategic Planning
Subtitle B--Border Infrastructure, Technology Integration, and Security...
Subtitle C--International Border Enforcement
TITLE II--STATE CRIMINAL ALIEN ASSISTANCE
TITLE III--ESSENTIAL WORKER VISA PROGRAM
TITLE IV--ENFORCEMENT
TITLE V--PROMOTING CIRCULAR MIGRATION PATTERNS
TITLE VI--FAMILY UNITY AND BACKLOG REDUCTION
TITLE VII--H-5B NONIMMIGRANTS
TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD
TITLE IX--CIVICS INTEGRATION
TITLE X--PROMOTING ACCESS TO HEALTH CARE
TITLE XI--MISCELLANEOUS
TITLE I--BORDER SECURITY
Subtitle A--Border Security Strategic Planning
Page: S1090
Subtitle B--Border Infrastructure, Technology Integration, and Security...
Page: S1091
Subtitle C--International Border Enforcement
TITLE II--STATE CRIMINAL ALIEN ASSISTANCE
TITLE III--ESSENTIAL WORKER VISA PROGRAM
``ADMISSION OF TEMPORARY H-5A WORKERS
Page: S1092
Page: S1093
Page: S1094
Page: S1095
TITLE IV--ENFORCEMENT
``EMPLOYMENT ELIGIBILITY
Page: S1096
Page: S1097
TITLE V--PROMOTING CIRCULAR MIGRATION PATTERNS
TITLE VI--FAMILY UNITY AND BACKLOG REDUCTION
Page: S1098
TITLE VII--Hÿ095B NONIMMIGRANTS
``H-5B NONIMMIGRANTS
Page: S1099
Page: S1100
``ADJUSTMENT OF STATUS OF FORMER H-5B NONIMMIGRANT TO THAT OF PERSON
ADMITTED...
Page: S1101
TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD
``RIGHT TO QUALIFIED REPRESENTATION IN IMMIGRATION MATTERS
Page: S1102
TITLE IX--CIVICS INTEGRATION
TITLE X--PROMOTING ACCESS TO HEALTH CARE
Page: S1103
TITLE XI--MISCELLANEOUS
Page: S1104
DIVISION B--IMMIGRATION REFORM
DIVISION B--IMMIGRATION REFORM
TITLE I--BORDER SECURITY
Subtitle A--Border Security Strategic Planning
Subtitle B--Border Infrastructure, Technology Integration, and Security...
Subtitle C--International Border Enforcement
TITLE II--STATE CRIMINAL ALIEN ASSISTANCE
Page: S1105
TITLE III--ESSENTIAL WORKER VISA PROGRAM
TITLE IV--ENFORCEMENT
TITLE V--PROMOTING CIRCULAR MIGRATION PATTERNS
TITLE VI--FAMILY UNITY AND BACKLOG REDUCTION
TITLE VII--H-5B NONIMMIGRANTS
TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD
TITLE IX--CIVICS INTEGRATION
TITLE X--PROMOTING ACCESS TO HEALTH CARE
TITLE XI--MISCELLANEOUS
TITLE I--BORDER SECURITY
Subtitle A--Border Security Strategic Planning
Page: S1106
Subtitle B--Border Infrastructure, Technology Integration, and Security...
Page: S1107
Subtitle C--International Border Enforcement
TITLE II--STATE CRIMINAL ALIEN ASSISTANCE
TITLE III--ESSENTIAL WORKER VISA PROGRAM
``ADMISSION OF TEMPORARY H-5A WORKERS
Page: S1108
Page: S1109
Page: S1110
Page: S1111
TITLE IV--ENFORCEMENT
``EMPLOYMENT ELIGIBILITY
Page: S1112
Page: S1113
TITLE V--PROMOTING CIRCULAR MIGRATION PATTERNS
TITLE VI--FAMILY UNITY AND BACKLOG REDUCTION
Page: S1114
TITLE VII--Hÿ095B NONIMMIGRANTS
``H-5B NONIMMIGRANTS
Page: S1115
Page: S1116
``ADJUSTMENT OF STATUS OF FORMER H-5B NONIMMIGRANT TO THAT OF PERSON
ADMITTED...
Page: S1117
TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD
``RIGHT TO QUALIFIED REPRESENTATION IN IMMIGRATION MATTER

It was discussed in MCDC too. Simcox is supposed to release and announcement I think via email tomorrow. If this is true some people in Washington are going to have a lot to answer for!

I'll see if I can dig up the vote tally as well - so we knew who voted for / against it.

Won't the Senate and House versions still have to be reconciled in committee prior to a final vote?

You would think it would have to go to committee but who knows, they don't seem to play by the rules. This is a disgrace for our elected officials to hide this from the American public. They can't be trusted!

I think I found the bill here:

http://www.senate.gov/legislative/LIS/r ... vote=00042


and that stuff is not in it.

Originally Posted by PhredE

I'll see if I can dig up the vote tally as well - so we knew who voted for / against it.

Please do PhredE; I suspect we pretty much know already though.

Surely this can't be right. This shows Sessions voting in favor of the bill, surely he wouldn't do that.

Hey guys,

I checked out a couple different links/topics on the Senate's web site (thanks Hosay) and the final bill that apparently passed seems not to have the information that was listed in the text of the bill in the initial post here.
It just mentions aspects pertinent with the wage bill issues themselves (unless the immigration stuff is buried deep in one of those subsections...)

I think sawdust is correct - there is something not right or missing here...
After all, I didn't need this kind of bad news late on a Sunday night!!!

I'll check a bit more, but am fading fast (got to get up early tomorrow)
See what I dig up.

Here's one thing I found under a Feinstein proposal. It includes "Blue Cards" for agricultural workers. I haven't had time to read it all. Ummmm, the AgJobs bill hasn't been passed to my knowledge!

c) Authorized Employment.--The Secretary shall provide an alien who is granted

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blue card status an employment authorized endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.

(d) Termination of Blue Card Status.--

(1) IN GENERAL.--The Secretary may terminate blue card status granted to an alien under this section only if the Secretary determines that the alien is deportable.

(2) GROUNDS FOR TERMINATION OF BLUE CARD STATUS.--Before any alien becomes eligible for adjustment of status under section 213, the Secretary may deny adjustment to permanent resident status and provide for termination of the blue card status granted such alien under paragraph (1) if--

(A) the Secretary finds, by a preponderance of the evidence, that the adjustment to blue card status was the result of fraud or willful misrepresentation (as described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or

(B) the alien--

(i) commits an act that makes the alien inadmissible to the United States as an immigrant, except as provided under section 215(b);

(ii) is convicted of a felony or 3 or more misdemeanors committed in the United States;

(iii) is convicted of an offense, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500; or

(iv) fails to perform the agricultural employment required under section 213(a)(1)(A) unless the alien was unable to work in agricultural employment due to the extraordinary circumstances described in section 213(a)(3).

(e) Record of Employment.--

(1) IN GENERAL.--Each employer of an alien granted blue card status under this section shall annually--

(A) provide a written record of employment to the alien; and

(B) provide a copy of such record to the Secretary.

(2) SUNSET.--The obligation under paragraph (1) shall terminate on the date that is 6 years after the date of the enactment of this Act.

(f) Required Features of Identity Card.--The Secretary shall provide each alien granted blue card status, and the spouse and any child of each such alien residing in the United States, with a card that contains--

(1) an encrypted, machine-readable, electronic identification strip that is unique to the alien to whom the card is issued;

(2) biometric identifiers, including fingerprints and a digital photograph; and

(3) physical security features designed to prevent tampering, counterfeiting, or duplication of the card for fraudulent purposes.

(g) Fine.--An alien granted blue card status shall pay a fine of $100 to the Secretary.

(h) Maximum Number.--The Secretary may not issue more than 1,500,000 blue cards during the 5-year period beginning on the date of the enactment of this Act.

SEC. 212. TREATMENT OF ALIENS GRANTED BLUE CARD STATUS.

(a) In General.--Except as otherwise provided under this section, an alien granted blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(b) Delayed Eligibility for Certain Federal Public Benefits.--An alien granted blue card status shall not be eligible, by reason of such status, for any form of assistance or benefit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date on which the alien is granted an adjustment of status under section 213.

(c) Terms of Employment.--

(1) PROHIBITION.--No alien granted blue card status may be terminated from employment by any employer during the period of blue card status except for just cause.

(2) TREATMENT OF COMPLAINTS.--

(A) ESTABLISHMENT OF PROCESS.--The Secretary shall establish a process for the receipt, initial review, and disposition of complaints by aliens granted blue card status who allege that they have been terminated without just cause. No proceeding shall be conducted under this paragraph with respect to a termination unless the Secretary determines that the complaint was filed not later than 6 months after the date of the termination.

(B) INITIATION OF ARBITRATION.--If the Secretary finds that an alien has filed a complaint in accordance with subparagraph (A) and there is reasonable cause to believe that the alien was terminated from employment without just cause, the Secretary shall initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint a mutually agreeable arbitrator from the roster of arbitrators maintained by such Service for the geographical area in which the employer is located. The procedures and rules of such Service shall be applicable to the selection of such arbitrator and to such arbitration proceedings. The Secretary shall pay the fee and expenses of the arbitrator, subject to the availability of appropriations for such purpose.

(C) ARBITRATION PROCEEDINGS.--The arbitrator shall conduct the proceeding under this paragraph in accordance with the policies and procedures promulgated by the American Arbitration Association applicable to private arbitration of employment disputes. The arbitrator shall make findings respecting whether the termination was for just cause. The arbitrator may not find that the termination was for just cause unless the employer so demonstrates by a preponderance of the evidence. If the arbitrator finds that the termination was not for just cause, the arbitrator shall make a specific finding of the number of days or hours of work lost by the employee as a result of the termination. The arbitrator shall have no authority to order any other remedy, including reinstatement, back pay, or front pay to the affected employee. Not later than 30 days after the date of the conclusion of the arbitration proceeding, the arbitrator shall transmit the findings in the form of a written opinion to the parties to the arbitration and the Secretary. Such findings shall be final and conclusive, and no official or court of the United States shall have the power or jurisdiction to review any such findings.

(D) EFFECT OF ARBITRATION FINDINGS.--If the Secretary receives a finding of an arbitrator that an employer has terminated the employment of an alien who is granted blue card status without just cause, the Secretary shall credit the alien for the number of days or hours of work not performed during such period of termination for the purpose of determining if the alien meets the qualifying employment requirement of section 213(a).

(E) TREATMENT OF ATTORNEY'


S FEES.--Each party to an arbitration under this paragraph shall bear the cost of their own attorney's fees for the arbitration.

(F) NONEXCLUSIVE REMEDY.--The complaint process provided for in this paragraph is in addition to any other rights an employee may have in accordance with applicable law.

(G) EFFECT ON OTHER ACTIONS OR PROCEEDINGS.--Any finding of fact or law, judgment, conclusion, or final order made by an arbitrator in the proceeding before the Secretary shall not be conclusive or binding in any separate or subsequent action or proceeding between the employee and the employee's current or prior employer brought before an arbitrator, administrative agency, court, or judge of any State or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts, except that the arbitrator's specific finding of the number of days or hours of work lost by the employee as a result of the employment termination may be referred to the Secretary pursuant to subparagraph (D).

(3) CIVIL PENALTIES.--

(A) IN GENERAL.--If the Secretary finds, after notice and opportunity for a hearing, that an employer of an alien granted blue card status has failed to provide the record of employment required under section 211(e) or has provided a false statement of material fact in such a record, the employer shall be subject to a civil money penalty in an amount not to exceed $1,000 per violation.

(B) LIMITATION.--The penalty applicable under subparagraph (A) for failure to provide records shall not apply unless the alien has provided the employer with evidence of employment authorization granted under this section.

SEC. 213. ADJUSTMENT TO PERMANENT RESIDENCE.

(a) In General.--Except as provided in subsection (b), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:

(1) QUALIFYING EMPLOYMENT.--

(A) IN GENERAL.--Subject to subparagraph (B), the alien has performed at least--

(i) 5 years of agricultural employment in the United States for at least 100 work days per year, during the 5-year period beginning on the date of the enactment of this Act; or

(ii) 3 years of agricultural employment in the United States for at least 150 work days per year, during the 3-year period beginning on the date of the enactment of this Act.

(B) 4-year PERIOD OF EMPLOYMENT.--An alien shall be considered to meet the requirements of subparagraph (A) if the alien has performed 4 years of agricultural employment in the United States for at least 150 work days during 3 years of those 4 years and at least 100 work days during the remaining year, during the 4-year period beginning on the date of the enactment of this Act.

(2) PROOF.--An alien may demonstrate compliance with the requirement under paragraph (1) by submitting--

(A) the record of employment described in section 211(e); or

(B) such documentation as may be submitted under section 214(c).

(3) EXTRAORDINARY CIRCUMSTANCES.--In determining whether an alien has met the requirement of paragraph (1)(A), the Secretary may credit the alien with not more than 12 additional months to meet the requirement of that subparagraph if the alien was unable to work in agricultural employment due to--

(A) pregnancy, injury, or disease, if the alien can establish such pregnancy, disabling injury, or disease through medical records;

(B) illness, disease, or other special needs of a minor child, if the alien can establish such illness, disease, or special needs through medical records; or

(C) severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period of time.

(4) APPLICATION PERIOD.--The alien applies for adjustment of status not later than 7

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years after the date of the enactment of this Act.

(5) FINE.--The alien pays a fine of $400 to the Secretary.

(b) Grounds for Denial of Adjustment of Status.--The Secretary may deny an alien granted blue card status an adjustment of status under this section and provide for termination of such blue card status if--

(1) the Secretary finds by a preponderance of the evidence that the adjustment to blue card status was the result of fraud or willful misrepresentation, as described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or

(2) the alien--

(A) commits an act that makes the alien inadmissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as provided under section 215(b);

(B) is convicted of a felony or 3 or more misdemeanors committed in the United States; or

(C) is convicted of an offense, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500.

(c) Grounds for Removal.--Any alien granted blue card status who does not apply for adjustment of status under this section before the expiration of the application period described in subsection (a)(4) or who fails to meet the other requirements of subsection (a) by the end of the application period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).

(d) Payment of Taxes.--

(1) IN GENERAL.--Not later than the date on which an alien's status is adjusted under this section, the alien shall establish that the alien does not owe any applicable Federal tax liability by establishing that--

(A) no such tax liability exists;

(B) all such outstanding tax liabilities have been paid; or

(C) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.

(2) APPLICABLE FEDERAL TAX LIABILITY.--In paragraph (1) the term ``applicable Federal tax liability'' means liability for Federal taxes, including penalties and interest, owed for any year during the period of employment required under subsection (a)(1) for which the statutory period for assessment of any deficiency for such taxes has not expired.

(3) IRS COOPERATION.--The Secretary of the Treasury shall establish rules and procedures under which the Commissioner of Internal Revenue shall provide documentation to an alien upon request to establish the payment of all taxes required by this subsection.

(e) Spouses and Minor Children.--

(1) IN GENERAL.--Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted any adjustment of status under subsection (a), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.

(2) TREATMENT OF SPOUSES AND MINOR CHILDREN.--

(A) GRANTING OF STATUS AND REMOVAL.--The Secretary may grant derivative status to the alien spouse and any minor child residing in the United States of an alien granted blue card status and shall not remove such derivative spouse or child during the period that the alien granted blue card status maintains such status, except as provided in paragraph (3). A grant of derivative status to such a spouse or child under this subparagraph shall not decrease the number of aliens who may receive blue card status under subsection (h) of section 211.

(B) TRAVEL.--The derivative spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.

(C) EMPLOYMENT.--The derivative spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.

(3) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL.--The Secretary may deny an alien spouse or child adjustment of status under paragraph (1) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--

(A) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under section 215(b);

(B) is convicted of a felony or 3 or more misdemeanors committed in the United States; or

(C) is convicted of an offense, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500.

SEC. 214. APPLICATIONS.

(a) Submission.--The Secretary shall provide that--

(1) applications for blue card status under section 211 may be submitted--

(A) to the Secretary if the applicant is represented by an attorney or a nonprofit religious, charitable, social service, or similar organization recognized by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations; or

(B) to a qualified designated entity if the applicant consents to the forwarding of the application to the Secretary; and

(2) applications for adjustment of status under section 213 shall be filed directly with the Secretary.

(b) Qualified Designated Entity Defined.--In this section, the term ``qualified designated entity'' means--

(1) a qualified farm labor organization or an association of employers designated by the Secretary; or

(2) any such other person designated by the Secretary if that Secretary determines such person is qualified and has substantial experience, demonstrated competence, and has a history of long-term involvement in the preparation and submission of applications for adjustment of status under section 209, 210, or 245 of the Immigration and Nationality Act (8 U.S.C. 1159, 1160, and 1255), the Act entitled ``An Act to adjust the status of Cuban refugees to that of lawful permanent residents of the United States, and for other purposes'', approved November 2, 1966 (Public Law 89-732; 8 U.S.C. 1255 note), Public Law 95-145 (8 U.S.C. 1255 note), or the Immigration Reform and Control Act of 1986 (Public Law 99-603; 100 Stat. 3359) or any amendment made by that Act.

(c) Proof of Eligibility.--

(1) IN GENERAL.--An alien may establish that the alien meets the requirement of section 211(a)(1) or 213(a)(1) through government employment records or records supplied by employers or collective bargaining organizations, and other reliable documentation as the alien may provide. The Secretary shall establish special procedures to properly credit work in cases in which an alien was employed under an assumed name.

(2) DOCUMENTATION OF WORK HISTORY.--

(A) BURDEN OF PROOF.--An alien applying for status under section 211(a) or 213(a) has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of hours or days required under section 211(a)(1) or 213(a)(1), as applicable.

(B) TIMELY PRODUCTION OF RECORDS.--If an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment, the alien's burden of proof under subparagraph (A) may be met by securing timely production of those records under regulations to be promulgated by the Secretary.

(C) SUFFICIENT EVIDENCE.--An alien may meet the burden of proof under subparagraph (A) to establish that the alien has performed the days or hours of work required by section 211(a)(1) or 213(a)(1) by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference.

(d) Applications Submitted to Qualified Designated Entities.--

(1) REQUIREMENTS.--Each qualified designated entity shall agree--

(A) to forward to the Secretary an application submitted to that entity pursuant to subsection (a)(1)(B) if the applicant has consented to such forwarding;

(B) not to forward to the Secretary any such application if the applicant has not consented to such forwarding; and

(C) to assist an alien in obtaining documentation of the alien's work history, if the alien requests such assistance.

(2) NO AUTHORITY TO MAKE DETERMINATIONS.--No qualified designated entity may make a determination required by this subtitle to be made by the Secretary.

(e) Limitation on Access to Information.--Files and records collected or compiled by a qualified designated entity for the purposes of this section are confidential and the Secretary shall not have access to such a file or record relating to an alien without the consent of the alien, except as allowed by a court order issued pursuant to subsection (f).

(f) Confidentiality of Information.--

(1) IN GENERAL.--Except as otherwise provided in this section, the Secretary or any other official or employee of the Department or a bureau or agency of the Department is prohibited from--

(A) using information furnished by the applicant pursuant to an application filed under this title, the information provided by an applicant to a qualified designated entity, or any information provided by an employer or former employer for any purpose other than to make a determination on the application or for imposing the penalties described in subsection (g);

(B) making any publication in which the information furnished by any particular individual can be identified; or

(C) permitting a person other than a sworn officer or employee of the Department or a bureau or agency of the Department or, with respect to applications filed with a qualified designated entity, that qualified designated entity, to examine individual applications.

(2) REQUIRED DISCLOSURES.--The Secretary shall provide the information furnished under this title or any other information derived from such furnished information to--

(A) a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, if such information is requested in writing by such entity; or

(B) an official coroner, for purposes of affirmatively identifying a deceased individual, whether or not the death of such individual resulted from a crime.

(3) CONSTRUCTION.--

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