Posted on 09/16/2017 11:36:40 AM PDT by Brian Griffin
[This basically would provide the right to work and stay in the USA for millions for a too expensive to refuse eventual exchange for a Constitution amendment that repeals the Amendment XIV Section I anchor baby clause, imposes federal income taxation tax caps, voter photo ID & US citizen requirements and provides for Presidential line item veto power.]
An immigrant must fall into at least one of the following categories to be eligible:
a. brought to the USA before the age of 6 who is:
I. over age 16 or
II. has a first degree or second degree relative who was a legal US resident or US citizen when this Act passed Congress - "Dreamer"
b. brought to the USA as a child under age 18 and has a parent/maternal blood relative sibling who (otherwise) immigrated legally - "Dreamer"
c. birthmother of a child born in the USA before 2017 - "Anchored Parent"
d. father:
I. of a child born in the USA before 2017 and
II. married to the birthmother at the time of its birth and
III. still married to the birthmother at the time of individual US government action with respect to himself - "Anchored Parent"
e. worker who has
I. (been) paid at least $5,000 of FICA/self-employment taxes under his own US tax identification number for at least eighteen quarters prior to September 2017
II. paid standard US income tax in excess of $600/year for at least three years before 2017 and
paid at least 80% of his/her federal tax liability for at least three years before 2017 - "Tax Eligible Worker"
The person must have spent at least 1,500 days in the USA prior to January 1, 2017 and be able to prove it untainted by fraudulent evidence and beyond a reasonable doubt by reliable documents and sworn statements of people who paid at least $1,000 in US federal income taxation in each year in which their statement covers in whole or in part.
No person shall be eligible who:
a. committed a felony in the USA or elsewhere
b. was a gang member
c. was a person photographed, outside of the legal system, by a law enforcement person,
with two or more gang members,
where the gang members were the majority in the image taken
except wherein the person was clearly not an associate or
the sworn testimony or a sworn statement of a US citizen law enforcement person who knew the circumstances indicates
the person probably wasn't an associate
d. illegally entered the USA before age 18 and who is not a "Dreamer" as defined by this Act
e. has been caught in the USA without US statutory authorization to be in the USA from 2011 to the time this Act became law, except a "Dreamer"
f. has been caught in the USA without US statutory authorization to be in the USA two or more times, except a "Dreamer"
g. filed a return for an improper US federal earned income credit and
has not fully reimbursed the IRS by December 31, 2017 for the resulting credit(s)
h. was officially found with or used fraudulent ID after enactment
i. submitted a fraudulent document to the USCIS or INS
j. failed to leave the country within 30 days after the US government requested departure/deportation
k. came from a country which has not properly and efficiently cooperated with US deportation personnel after 2010
l. owes more than $500 in unpaid fines
m. jumped bail
n. plead no contest to or was convicted of driving without a license or liability insurance
o. [other restrictions used in the past]
No person shall be eligible unless this Act is passed by at least two-thirds of both the House of Representatives and the Senate and the proposed Constitutional amendment below has been lawfully sent to the states for ratification.
No person shall be eligible until the proposed Constitutional amendment below has been properly ratified by the states of California and New York.
The proposed Constitutional amendment shall be as follows:
SECTION 1. The federal government shall have the power to implement the IMMIGRATION AMNESTY ACT of 2017.
SECTION 2. Previous federal immigration amnesties are hereby made Constitutional.
SECTION 3. The first sentence of SECTION 1 of Amendment XIV is hereby repealed.
SECTION 4. Henceforth, every child born in the USA after today shall be born with the citizenship of their birthmother as of one year prior to birth. Any Congress may authorize for its term and for one year thereafter that each child covered by its law to be treated as if it has the citizenship of its bona fide father, except for voting purposes, provided its father has for at least four years (or until the death of its birthmother) shared custody, child raising and financial child support responsibilities with its birthmother or its birthmother died in the USA before the child was one month old.
SECTION 5. No foreigner may be granted US citizenship unless the foreigner is over age 22 and has paid US federal income tax in excess of the value of two ounces of gold on fully lawful personal US earnings in each of the prior four years.
SECTION 6. A person shall only be allowed to vote in a domestic governmental election after 2019 if the person
a. is a citizen of the United States and
b. tenders to the responsible election official in charge their clearly valid photo ID issued by the US government or
of a domestic state government which meets the then current standards of the US government for reentry by land of that person into the United States
c. and, if state law requires, tenders to the election official in charge proof of US citizenship.
SECTION 7. No treaty may be entered into that would:
a. require US residency, naturalization, citizenship or welfare benefits to be granted
b. bar any deportation
c. impose any form of international taxation within the United States
d. require any payment from any domestic person or entity.
SECTION 8. Excluding existing Medicare, FICA, and self-employment taxation at existing rates and subject to existing limits defined by law,
federal income taxation
shall be no more than 10% of net income, except for 20,000,000 taxpayers, and
shall be no more than 20% of net income, except for 4,000,000 taxpayers,
with any numerical excesses to be refunded promptly, and
with any percentage excess [above that 20%] being used to pay down the existing national debt and that refinanced.
SECTION 9. Federal estate taxation shall not be further expanded in scope or any rate increased.
All amounts collected shall be used to pay down the existing debt and that refinanced.
SECTION 10. There shall be no other federal wealth or property taxation except that estate taxation.
SECTION 11. The President shall have line item veto power.
SECTION 12. This amendment may only be amended with the freely given consent on the day of a Presidential election of 80% or more of all US citizen adults.
Amnesty processing of an applicant shall be suspended if the applicant is:
a. facing a criminal charge
b. the subject of a warrant/extradition request
c. in jail or other detention facility
To retain the right to stay:
a. An eligible person must apply within 365 days of enactment by:
I. completing and signing a form (which shall include test questions to clearly permit the applicant to show that he/she understands how eligibility to stay and work in the USA may be lost) the Commissioner of USCIS shall create and make available on the Internet in at least English, Spanish, Haitian Creole, French, Polish, Russian and Chinese Mandarin and Cantonese versions, and
II. mailing by registered mail to the Commissioner of USCIS in the manner the Commissioner shall specify:
1. the completed form with a photo of the applicant wherein the head occupies at least two squares inches of space attached, and with
2. each sworn statement and a good quality photocopy of each document to be used to meet the 1,500 day evidence requirement, and with
3. a high-quality photocopy of the fingerprint side of their hands to the USCIS within six months after enactment, and
4. a US Postal Service money order for the $500 processing fee payable to USCIS, and
b. agree in writing to make donations, which shall be non-dischargeable by federal bankruptcy law, of 10% of their pre-tax income
(minimum $300/quarter) to the Social Security Trust Fund for 27 years, starting in 2020, and then pay by estimated tax due dates via the IRS
in the manner the Commissioner of the Internal Revenue Service shall specify, and
c. obtain high-quality [better than bronze, annual deductible <$2,000 or that of the person's US employer plan] health insurance coverage, meeting applicable US legal requirements, without government subsidy, except via a small employer/small employers under general law, within 12 months of enactment, and
d. maintain (thereafter), except for gaps of less than three months total in any twenty-four month period, high-quality health insurance coverage, meeting applicable US legal requirements, without government subsidy, while the PPACA is on the books, and
e. pay a mandatory $1,000 quarterly eligibility maintenance (and personal deportation abeyance) fee to the Commissioner of USCIS in the manner the Commissioner shall specify by estimated tax due dates until the proposed Constitutional amendment of this Act is fully ratified, and
f. pay all standard and expedited USCIS immigration fees within 18 months of enactment, and
g. pay a $2,000 amnesty service charge within 24 months of enactment to the Commissioner of USCIS in the manner the Commissioner shall specify, discounted $40 for each month prior to the 24th
h. pay in full all US income tax amounts past due, get privately audited at their expense and then pass an IRS audit, all within 36 months of enactment
I. pay starting in 2020, a $500 tax shortfall fee for each quarter prior to 2017 and after 2006 the immigrant has not proven foreign residency/age of under 18 or lacked US income tax quarterly withholding of at least $400,
at the rate of $500 a quarter by US estimated tax due dates, to the IRS
J. pay a one-time, $5,000, non-refundable impact fee to the Secretary of the USDOT in the manner the Secretary shall specify, to drive a motor vehicle on a US highway, always prior to doing so.
No domestic government may pay for or reimburse for any fee, tax or donation related to this Act to any extant.
No domestic governmental welfare benefit may be granted/increased as a result of any fee, tax or donation related to this Act.
No domestic governmental liability may be waived/decreased as a result of any fee, tax or donation related to this Act.
Three percent of the quarterly eligibility maintenance fees shall go to USCIS, the remaining amounts shall go equally to the Pension Benefit Guarantee Corporation and the Social Security Disability Trust Fund.
The eligible immigrants would get:
a. for 90 days, plus three days for each state that has ratified the proposed Constitutional amendment of this Act
I. no apprehension simply for immigration control/border security purposes at least 100 miles from a coast or national border
or within two miles of any listed USCIS office at least ten miles from a coast or national border
[This is to allow eligible immigrants to apply.]
II. no detention simply for immigration control/border security purposes longer than 10 minutes of any applicant with specified official ID whose picture and name is locally available on a USCIS applicant registry system
b. thereafter, provided the immigrant has been paying and doing what the amnesty act and other federal law requires
I. no detention of qualified/approved applicants simply for immigration control purposes longer than necessary to verify the person is qualified/approved and in good standing
II. no deportation of qualified/approved applicants
Individual appeals after an eligible applicant's initial USCIS amnesty decision may be made, first to the USCIS and then to a federal district court.
The USCIS or a federal court may require, prior to making any appeal decision:
a. its processor to have the actual (or officially certified copies) of the residency evidence documents on hand
b. on-site sworn testimony.
An immigrant would lose the right to stay:
a. for failing to apply and pay in a timely manner, with one 60-day grace period per $5,000 paid by the immigrant in amnesty act levies,
excluding standard income tax payments, and with no grace period for payment of the USDOT impact fee
b. for failing to timely obtain/maintain high-quality health coverage, except for involuntary gaps not exceeding three months total in any twenty-four, while the PPACA is on the books
c. for taking a government health insurance subsidy after 2017, if not from small business employment under general law, and not returning it within 90 days of demand
d. after committing a felony.
Appropriate E-verify use shall be required before any business required to be licensed by law may employ any person within the jurisdiction of the United States after December 31, 2017.
Failure to E-verify a person's lawful ability to work in the USA after December 31, 2017 as required may be punished by a fine of up to $500 per person improperly employed.
We have 40 plus illegal aliens in the US
How are we going to deport 1 in 9 people living in the US?
Great insight.
Thanks for posting.
It's my impression that Free Republic has become a majority website for Pro-Trump immigration doves and open border Libertarians.
Bedrock Conservatives, most of whom voted for Trump, are now labeled as Trump-bashers, hand wringers, and bed wetters, when we demand that Trump fulfill his campaign promises.
“How about taking your long list of “conditions” that would take legions of government employees to oversee, administer, and verify and sticking them where the sun don’t shine.”
Yes, this involves lots of government employees, but each illegal will be paying lots of money in fees or he/she will lose eligibility.
Perhaps a private sector lawyer should have to prepare each application.
As for conditions, we want the legal ability to refuse undesirables.
Thank you SO much for doing a job Americans in the US Congress won’t do.
Personally, I’m in the deport all illegal aliens camp. However, recognizing practical and political realities, I propose the following:
1. For any DACA individual convicted of a criminal offense immediate deportation, no appeals whatsoever.
2. NO chain migration other than proven mother and/or father for DACA individuals or anchor babies, and NO further chain migration from said mother/father.
3. DACA individuals may apply for citizenship but must go to the back of the line.
President Trump should not endorse and ESPECIALLY not sign ‘comprehensive immigration reform’ without these features, and especially when it includes a general amnesty (which it will). If The US Congress passes it , let them own it.
“I would allow *elderly* parents, minor children, and spouses, ...”
None of this is in the US Constitution.
THERE IS NO HUMAN RIGHT TO COME TO/LIVE IN THE UNITED STATES !
Yeah, I got a thought, GTFO
I see a lot of job openings.
You know what they say about supply and demand.
Guess they’ll actually have to start paying a decent wage if they want to attract and retain decent employees
Their illegals! They broke the law!
They are all undesirable!
I’m sure all those doing it legally will appreciate this. Maybe they can read the full text while they’re waiting.
Why don't you try commenting on the idea of pardoning the penalty? This is a forum for discussing Constitutional ideas, not shouting profanities.
-PJ
No. the existence of a database guarantees absolutely that it will be used for anything the government or some part of the government wants regardless of whether the law allows it or doesn’t. Social Security numbers are absolutely forbidden in the law to be used for Identification purposes other than for connecting the holder with his Social Security account. In reality Social Security numbers are required identification for a whole host of things and continually more things.
It is true that no one has a right to go off and live in a particular place; however, this ought to be at a minimum a family-oriented society, and for this reason, I think spouses and minor children ought to be able to enter with someone who comes here legally. And as a Christian, I believe we have certain obligations to our parents, so if they are elderly, we ought to care for them.
I do not think that every niece, nephew and 14th cousin three times removed ought to be able to come in under family reunification: that is just silly.
If we allow someone to come here, I think this small number of relatives should be able to join them. Now the situation is that a huge number of relatives can come in; I am suggesting a reduction.
Also, NO chain migration, AT ALL, for DACA individuals imported by King Obama as solos.
Well howdy! Let’s see, I’ve had every president since Reagan promise to shut the flow of illegals and then grant the ones already here amnesty. At work I watch the illegals getting paid in cash on Friday’s, at the store they all have ebt cards, and the older folks all get Medicaid and social security. They’re all on free lunch at the schools and bumped my kids admission in to college this semester.
Yeah, I have a problem with them.
Address the penalties.... They need to leave this country.
I don’t support giving any advantage to illegals over people who are doing the legal process to become legal here. That means they would have to do the same process, start to finish from the back of the line. If their circumstances require them to begin the process from another country then so be it.
We had (possibly still do) a process allowing people who had come here illegally to agree to self deport and then were allowed to go through the process legally to come here to work or become citizens. That process was used as a carrot to encourage illegals to self deport or allow themselves to be immediately deported without a hearing. If we had to forcibly deport illegals going through the whole immigration court process they were never allowed to try to come back legally and that was the stick to balance the carrot. The process actually worked, but then open borders supporters/radical groups began telling illegals to not waive their hearings. The plan was to clog up our immigration courts so we could not get people processed and deported. That has caused the issues we have now with our backed up immigration courts, full detention centers which makes it hard to deport. Nearly every single illegal that goes through the hearing process loses and is court ordered to be deported. They came here illegally so it is hard for them to make any case that they should not be deported. So according to our immigration laws those illegals cannot legally return. They have been simply returning over and over again ignoring our laws.
We have to follow our laws, we got in this mess by not following our own laws. We cannot give special treatment to those that come here illegally over those that are doing the process legally.
What the illegals are asking for is special treatment. Why should we even consider special treatment for people who came here illegally and demand more and more special treatment? Whatever we do and have done it is never enough. They will not stop demanding and fighting unless we have open borders and give amnesty to everyone that wants it.
If you think of the illegal immigration issue at this point the same as the 2nd Amendment battle you will understand what is really going on. They are fighting for bits and pieces but will not stop until they have everything they want. Just as the liberals will not stop fighting for bits and pieces of gun control and will not stop unless they can completely criminalize private ownership of firearms. This is a battle that will keep coming up over and over. We do not want to give them a lot of ground hoping they will back off, they will instead increase the pressure for more and more until they get what they want.
Have you ever been around a spoiled child that always gets their way? What happens when they don’t get what they want? What happens if you try to only give them part of what they want? If you cave in and give that child what they want, then what happens the next time they want something? That is what we are dealing with at this point.
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