My Rough Draft for a Proposed IMMIGRATION AMNESTY and REFORM ACT of 2018

Like my past proposals, this basically would provide the right to work and stay in the USA for millions in an 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.

You ought to know the scofflaws will be pandered to yet again, so we ought to get something in return.

Hanging tough for a few days, capitulating clownishly and getting nothing but the tax tab to pay isn't the right way.

FIX 1. for H-2B visas:
a. eliminate the totally fraudulent process of claiming an American can't be found to do the work
b. require new visa H-2B workers to punch a clock
c. require employers pay a $4/hour tax when any new visa H-2B worker is paid less than $30/hour (by pay period)
d. require employers to pay a $9,000 fee/new visa
e. require employers to have paid at least $1,000,000 in federal corporate income tax in a prior tax year within the last five filed per H-2B visa in total
[If a corporation paid $1 billion in US government corporate income tax in 2015 then it could obtain up to 1,000 H-2B visas.]

FIX 2. for Goodlatte's new H–2C temporary agricultural work visa program
a. limit to 350,000 visa workers max for non-manufacturing fruit/vegetable/nut work done on a farm or on the premises of a packing house()
and change their required minimum wage to highest of:
A. 120% of the applicable minimum wage, for indoor work
B. 130% of the applicable minimum wage, for outdoor work
C. 140% of the general federal minimum wage, for outdoor work
D. going rate for the work
b. and to 20,000 visa workers max for meat/poultry abattoir killing/disemboweling work
and change their required minimum hourly wage to highest of:
A. 140% of the applicable minimum wage
B. 180% of the general federal minimum wage two years past
C. going rate for the work

I suggest eliminating the process of claiming an American can't be found to do such work.

Enough Americans will do such unpleasant work such as slaughtering cattle if the wages are high enough and fairly paid.

FIX 3. A bond of $4,000 per H-2C visa to be provided as the Secretary of Labor shall specify should be required for each H-2C visa issue prior to issue to help ensure the alien returns home.

FIX 4. Consumer incentive-based employment verification double checking of workers

By June 2020, a unique confirmation code of at least 8 alphanumeric [0-9,a-z,A-Z] characters shall be provided by the DHS for each employment verification attempt deemed to be successful.

Effective January 1, 2021, each (sub)contractor doing landscape, grounds maintenance, construction, home repair, home improvement, cleaning work or providing contract labor shall provide to each customer before billing or taking any payment:
1. the verification code on the contract, marketing brochure, a card or sheet of paper of the one person sent/expected to do/doing the work, or
2. (a website address with) (a) complete list(s) (by subcontractor) of verification codes,
separated, ordered by first name, for the people who might be doing the work.

Where a person has a name with non-Roman character, the DHS shall supply a Roman letter equivalent of the first name with the verification code for contractor/employer/customer usage.

Each (sub)contractor shall supply (and resupply) each of its workers with an ample (>100) supply of cards with the worker's first name as verified, as the worker has chosen to be called, and the worker's verification code, all in at least 12-point type.

Each (sub)contractor worker shall give each customer and each law/code enforcement person who requests such a card, a card promptly, without charge.

By January 2021, the DHS website shall allow any person to enter a verification code and see the employer's name, verified person's picture and first name.

The following shall be enterable as well:
a. the license plate number of a vehicle of the person of interest, if any
b. the apparent employer of the person of interest
c. the five (or nine) digit zip code of the person of interest
d. the GPS position the person of interest was seen at
e. the date (and time) the person of interest was seen

Effective January 1, 2021, each customer shall be entitled to the following:
1. a $10 reward from the contractor if a person of the contractor (or a subcontractor) can't produce a card when on the customer's property
2. a $200 reward from the contractor if a person of the contractor (or a subcontractor) flees
3. an 8% refund of amounts paid under the contract, up to $8,000, if the person of the contractor (or a subcontractor) has no appropriate verification code
4. a 5% discount off amounts unpaid under the contract, up to $5,000, if the person of the contractor (or a subcontractor) has no appropriate verification code

Any contract term that would adversely impact any federal customer incentive above shall be void.

Effective January 1, 2021, a tax of twice the amount due the customer shall be due the US government and paid via the DHS as its Secretary shall specify if the customer isn't rewarded/refunded within five business days.

Effective January 1, 2021, the quality of each photo used to issue a domestic government photo ID must not have noticeable compression loss of information and must meet depth of field, noise, size and resolution standards the Secretary of Homeland Security shall set.

Effective January 1, 2022, each contractor and contractor employee wearing a uniform shall have their verification code in one-inch tall letters clearly visible on the uniform near the wearer's heart, both in front and back.

[Another possibility is to require landscape, grounds maintenance, construction, home repair, home improvement, cleaning work and contract labor businesses to use an IRS&DHS approved bill-paying and payroll service provider.]

FIX 5.
Environment laws shall not be used to impair or block border security measures within 500 feet of a border or the construction of any portion of a border wall system.

FIX 6. for TITLE IV—Asylum Reform
Don't limit DHS employees to only uniform questions but allow them to be innovative and probing as well.

We don't want asylum applicants to be able to give well-rehearsed answers to every possible question.

[It is contingent on submission to the states of a proposed 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.]

[I prefer my amnesty plan over the Goodlatte DIVISION D—LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS stuff.]

[Goodlatte's $1,000 in total to get amnesty is a joke to anyone who has seen what legal immigrants have to pay in USCIS (and lawyer) fees.]

An alien must fall into at least one of the following categories to be eligible for permanent resident status on a conditional basis under this Act:
a. "Dreamer", on a US age & educational basis, who
I. verifiably was a resident of the USA before the age of 6, and
II. verifiably attended in the USA,
either kindergarten or first grade,
and every grade thereafter, until at least the age of fourteen, in
public school (or then openly operated private school(s), (each) then having and using a US federal tax identification number (TIN), and under such TIN, a Federal Reserve member bank checking account with the school name), and
[the foreigner is not likely to be substantially foreign-educated]
[or young enough to "go back home" to K-12 level school to learn to fit into the native workforce.]
III. has a first degree or second degree relative, who
A. is a legal US resident/citizen over age 18, and
B. had a US Social Security earnings record under their own US federal TIN with FICA/SE tax contributions of at least $250 in each of at least seven of the prior ten quarters as of when this Act became law
[no orphans or likely welfare recipients please]
b. "Dreamer", on an immigration law-abiding close relative basis,
I. who verifiably was brought to the USA as a child under age 18, and
II. who (still) has an aunt, uncle, father, mother or sibling over age 18 who personally immigrated to the US legally and is not incarcerated or subject to incarceration, and
III. that person had a US Social Security earnings record under their own US federal TIN with FICA/SE contributions of at least $250 in each of at least seven of the prior ten quarters as of when this Act became law
c. "Anchored Mother", mother of a child born in the USA before 2018 according to an official US state law record existing as of when this Act became law
d. "Anchored Father", substantially supportive father of a child born in the USA before 2018 according to an official US state law record existing as of when this Act became law,
I. who was married to the mother at the time of the child's birth according to an official record existing as of when this Act became law and
II. who is still married to the mother at the time of individual US government action under this Act with respect to himself
e. "Tax Eligible Worker", a worker who (together with the worker's employer(s)), prior to enactment,
I. timely paid, for at least eighteen quarters, prior to February 2018, at least $5,000 of FICA/self-employment taxes in total under the worker's own US federal TIN
II. timely paid before 2018 standard US income tax in excess of $600/year for at least three years, and
III. timely paid before 2018 at least 80% of his/her federal income tax liability for at least three years
f. "Dreamer", on a DACA-like basis,
I. who verifiably was brought to the USA as a child under age 16 before June 15, 2007, and
II. who submits (or who has someone else submit for them) a $5,000 border security fee to the USCIS within 365 days of enactment, in the manner the Secretary of Homeland Security shall specify within ten days of enactment.
[I want to see limousine liberals fork over some serious money.]

The alien must have spent at least eight months in the USA prior in each of five calendar years prior to 2018 while not on any US government issued visa and be able to prove it untainted by fraudulent or discredited evidence and beyond a reasonable doubt by reliable documents and sworn affadavits from individuals who are not related by blood, domestic partnership, civil union, "marriage" or marriage to the alien who paid at least $1,000 in US federal income taxation in each year in which their affadavit covers in whole or in part.

To help ensure taxes and the required fees are paid, the Secretary shall grant permanent resident status on a conditional basis to aliens for no longer than six months at a time.

No person shall be eligible for permanent resident status on a conditional basis under this Act who:
(A)
i. committed a crime subject to imprisonment for at least one year in the USA or elsewhere
ii. was officially found with or used fraudulent ID after enactment
iii. owes more than $500 in fines unpaid after 30 days of imposition
iv. jumped bail
v. plead no contest to or was convicted of driving while under the influence or without a license or liability insurance
[From the Senate Dream Act]
vi. has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion
[From the Goodlatte bill - I haven't investigated the Goodlatte or Dream Act exceptions]
[modified]
vii. has committed an offense which involved—
(I) domestic violence (including that defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)));
(II) child abuse or neglect (including that defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)));
(III) assault resulting in bodily injury (as such term is defined in section 2266 of title 18, United States Code);
(IV) the violation of a protection order (as such term is defined in section 2266 of title 18, United States Code); or
viii. has committed any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or deportable under section 237(a) of such Act (8 U.S.C. 1227(a));
ix. has been adjudicated delinquent in a juvenile court proceeding for an offense relating to murder, manslaughter, homicide, rape (whether the victim was conscious or unconscious), statutory rape, or any offense of a sexual nature involving a victim under the age of 18 years, as described in section 101(a)(43)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(A));
x. has committed a crime of violence, as such term is defined in section 16 of title 18, United States Code; or
[modified for marijuana-related actions]
xi. has committed an offense (other than any related to domestic state authorized actions with respect to marijuana) punishable under section 401 of the Controlled Substances Act (21 U.S.C. 841);
xii. has a conviction for a criminal offense in which the alien has not satisfied any civil legal judgements awarded to any victims (or family members of victims) of the crime;
xiii. has at any time engaged in sexual assault
[modified significantly]
xiv. has at any time engaged in sexual harassment reported to public/private authority within 14 days of the incident
(B)
i. submitted a fraudulent document to the USCIS or the INS
ii. failed to leave the country within 30 days after the US government requested departure/deportation
iii. is in the process of being deported,
whose continued presence in the USA has not been individually requested by President Trump or the Secretary of Homeland Security
iv. came from a country which has not efficiently cooperated with US deportation personnel after 2010
v. was under a multi-year immigration bar as of the date of enactment
[From the Senate Dream Act]
vi. is inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));
[From the Goodlatte bill - I haven't investigated the Goodlatte exceptions]
vii. is inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)),
except that in determining an alien’s inadmissibility—
?(I) paragraphs (5), (7), and (9)(B) of such section shall not apply; and
?(II) subparagraphs (A), (D), and (G) of paragraph (6), and paragraphs (9)(C)(i)(I) and (10)(B), of such section shall not apply, except in the case of the alien unlawfully entering the United States after June 15, 2007;
viii. is deportable under section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)),
except that in determining an alien’s deportability—
?(i) subparagraph (A) of section 237(a)(1) of such Act shall not apply with respect to grounds of inadmissibility that do not apply pursuant to subparagraph (C) of such section; and
?(ii) subparagraphs (B) through (D) of section 237(a)(1) and section 237(a)(3)(A) of such Act shall not apply;
ix. was, on the date of the enactment of this Act—
(i) an alien lawfully admitted for permanent residence;
(ii) an alien admitted as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1157 and 1158); or
(iii) an alien who, according to the records of the Secretary or the Secretary of State, is lawfully present in the United States in any nonimmigrant status (other than an alien considered to be a nonimmigrant solely due to the application of section 244(f)(4) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(4)) or the amendment made by section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110–229)), notwithstanding any unauthorized employment or other violation of nonimmigrant status;
x. has failed to comply with the requirements of any removal order or voluntary departure agreement;
xi. has been ordered removed in absentia pursuant to section 240(b)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(5)(A));
xii. has failed or refused to attend or remain in attendance at a proceeding to determine the alien’s inadmissibility or deportability;
(C)
i. filed a return for an improper US federal earned income credit and
has not fully reimbursed the IRS by close of business December 31, 2018 for the resulting credit(s)
ii. has failed to pay to the Treasury, in addition to any amounts owed, an amount equal to the aggregate value of any disbursements received by such alien for refunds described in section 1324(b)(2);
iii. is officially thought to be delinquent over 90 days with respect to any Federal, State, or local income or property tax liability;
(D)
i. was or is a gang member
ii. 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 affidavit of a US citizen law enforcement person who knew the circumstances indicates
the person probably wasn't an associate
iii. was or is a member of a terrorist organization, whose application is not sponsored by the US government
iv. was a person photographed with two or more terrorist organization members,
where the terrorists members were the majority in the image taken
except wherein the person was clearly not an associate or
the sworn testimony or a sworn affadavit of a government-related person who knew the circumstances indicates
the person probably wasn't an associate, whose application is not sponsored by the US government
[From the Goodlatte bill - I haven't investigated the Goodlatte exceptions]
iii. is described in section 212(a)(2)(J) of the Immigration and Nationality Act (8 U.S.C. 1882(a)(2)(J)) (relating to aliens associated with criminal gangs);
(E)
[modified significantly from Goodlatte]
i. is over the age of 18 and unable to demonstrate that he or she is (or would be) able to maintain himself or herself at an annual income that is not less than 125 percent of the Federal poverty level during most of a six-month period while in the US.

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.

xNo 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 and REFORM ACT of 2018.
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 ratification shall be born with the citizenship of their mother as of 320 days prior to birth. Any Congress may authorize for its term and for one year thereafter that each child covered by its law is 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 mother) shared custody, child raising and financial child support responsibilities with its mother or its mother 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 personally 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 person is a citizen of the United States
SECTION 7. Any state may require state/federal photo ID tender for state-related voting purposes, subject to respectfully appropriate federal statutory law.
SECTION 8. No treaty may be entered into that would:
a. require US residency, naturalization, citizenship or welfare benefits to be granted
b. restrict or bar deportation or impair US entry security
c. impose any form of international taxation within the United States
d. require any payment from any domestic person or entity.
SECTION 9. Federal income (related) taxation may be levied
at a total rate over 40% on taxpayer income with respect to no more than 6,000,000 taxpayers
with the tax over $40,000 on the income per such taxpayer to be used to pay down the now existing national debt and that refinanced, or refunded.
at a total rate over 33% on taxpayer income with respect to no more than 20,000,000 taxpayers
with the tax exceeding 20% on the income of those taxpayers not so used to be used (or placed in reserve) to pay for the active military
at a total rate over 30% on taxpayer income with respect to no more than 40,000,000 taxpayers
at a total rate over 27% on taxpayer income with respect to no more than 60,000,000 taxpayers.
Each total rate shall include all rates and amounts paid by the taxpayer's employer or other person or entity.
SECTION 10. All amounts collected from Federal estate taxation shall be used to pay down the existing national debt and that refinanced, or refunded.
SECTION 11. There shall be no federal wealth or property taxation except that estate taxation and real property taxation in what is now the District of Columbia.
SECTION 12. All new taxes/new fees over 150% the cost of service provision/novel fines substantially above Western European norms imposed after 2019
shall be used to pay down the existing national debt and that refinanced,
or in time of Congressionally declared war to fund the active military, or held in reserve for at least two years before funding the active military.
SECTION 13. The President shall have line item veto power.

Permanent resident status on a conditional basis shall not be granted if the applicant is:
a. facing a criminal charge
b. the subject of a warrant/extradition request
c. in jail or other detention facility
d. delinquent with respect to any tax liability, federal imposition such as fees under this Act, amount the Internal Revenue Service believes is due it, fine, requirement for community service or payment of any civil judgement resulting from any unlawful misconduct.

To obtain/retain the right to stay in the USA, an eligible person:
a. must apply within 365 days of enactment by:
I. fully and accurately completing and signing a form
which shall include test questions to clearly permit the applicant to show that he/she understands well how eligibility to stay and work in the USA may be lost and
which shall require the applicant to estimate the total amount of remittances the applicant has sent from the USA while in the USA from the applicant's funds, accurate to the greater of 50% or $930
which the Secretary of Homeland Security shall create and make available on the Internet
in at least English, Spanish, Haitian Creole, French, Polish, Russian, Arabic and Chinese Mandarin and Cantonese versions, and
II. mailing by registered mail to the Secretary of Homeland Security in the manner the Secretary shall specify:
1. the completed form with a photo of the applicant, wherein the head is in the depth of field and occupies at least two squares inches of space, attached, and with
2. each sworn affidavit and a good quality photocopy of each document to be used to meet the eight months in each of five years residency evidence requirement, and with
3. a high-quality photocopy of the fingerprint sides of their hands to the USCIS within six months after enactment, and
4. a cashiers check/certified check/US Postal Service money order bearing their name and address
for an USCIS Immigrant Fee [$210], payable to USCIS, and
5. a cashiers check/certified check/US Postal Service money order bearing their name and address
for an I-130 level [$535] initial processing fee payable to USCIS, and
6. a cashiers check/certified check/US Postal Service money order bearing their name and address
for an Biometric Services Fee [$85] payable to USCIS, and
b. agree in writing before 2019 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 2021, and then pay by estimated tax due dates via the IRS
in a 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 after July 1, 2018, a mandatory $1,000 quarterly eligibility maintenance (and personal deportation abeyance) fee to the Secretary of Homeland Security in the manner the Secretary shall specify by estimated tax due dates (until the proposed Constitutional amendment of this Act is fully ratified), and
f. pay an additional I-485 adult level fee [$1,140] (and applicable waiver/notice/hearing, etc.) USCIS immigration fee amount(s) within 18 months of enactment (and as normally required), and
g. pay a $1,000 amnesty service fee within 24 months of enactment to the Secretary of Homeland Security in the manner the Secretary shall specify
h. pay in full all US income tax amounts past due, pass a privately audit by a CPA or IRS-enrolled agent and then pass an IRS audit, all within 36 months of enactment
I. pay, starting in 2022, a $500 tax shortfall fee for each quarter prior to 2018 and after 2006 the immigrant has not proven foreign residency, age of under 18 or lacked US income tax quarterly withholding under their own TIN 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 a manner that Secretary shall specify, to drive a motor vehicle on a US federally funded and labeled highway, always prior to doing so.

From the Dream Act:
(6) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA.—The Secretary may not grant an alien permanent resident status on a conditional basis under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary....
(7) BACKGROUND CHECKS.—
(A) REQUIREMENT FOR BACKGROUND CHECKS.—The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate—
(i) to conduct security and law enforcement background checks of an alien seeking permanent resident status on a conditional basis under this section; and
(ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status.
(B) COMPLETION OF BACKGROUND CHECKS.—The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status on a conditional basis under this section.
(8) MEDICAL EXAMINATION.—
(A) REQUIREMENT.—An alien applying for permanent resident status on a conditional basis under this section shall undergo a medical examination.
(B) POLICIES AND PROCEDURES.—The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of the examination required under subparagraph (A).
(9) MILITARY SELECTIVE SERVICE.—[language fix needed]...shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act.
...
(1) IN GENERAL.—For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence.
(2) LIMITATION ON APPLICATION FOR NATURALIZATION.—An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis.

SEC. 6. Documentation requirements.
(a) Documents establishing identity.—An alien’s application for permanent resident status on a conditional basis may include, as proof of identity—
(1) a passport or national identity document from the alien’s country of origin that includes the alien’s name and the alien’s photograph or fingerprint;
(2) the alien’s birth certificate and an identity card that includes the alien’s name and photograph;
(3) a school identification card that includes the alien’s name and photograph, and school records showing the alien’s name and that the alien is or was enrolled at the school;
(4) a Uniformed Services identification card issued by the Department of Defense;
(5) any immigration or other document issued by the United States Government bearing the alien’s name and photograph; or
(6) a State-issued identification card bearing the alien's name and photograph.
(b) Documents establishing continuous physical presence in the United States.—To establish that an alien has been continuously physically present in the United States, as required under section 3(b)(1)(A), or to establish that an alien has not abandoned residence in the United States, as required under section 5(a)(1)(B), the alien may submit documents to the Secretary, including—
(1) employment records that include the employer’s name and contact information;
(2) records from any educational institution the alien has attended in the United States;
(3) records of service from the Uniformed Services;
(4) official records from a religious entity confirming the alien’s participation in a religious ceremony;
(5) passport entries;
(6) a birth certificate for a child who was born in the United States;
(7) automobile license receipts or registration;
(8) deeds, mortgages, or rental agreement contracts;
(9) tax receipts;
(10) insurance policies;
(11) remittance records;
(12) rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address;
(13) copies of money order receipts for money sent in or out of the United States;
(14) dated bank transactions; or
x(15) 2 or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien’s continuous physical presence in the United States, that contain—
(15) 2 or more sworn affidavits from individuals who are not related by blood, domestic partnership, civil union, "marriage" or marriage to the alien
who paid at least $1,000 in US federal income taxation in each year in which their affidavit covers in whole or in part
who have direct knowledge of the alien’s physical presence in the United States, that contain—
[Affidavits should come from people of substance and not back-scratching, tax-evading scofflaws.]
(A) the name, address(es), and telephone number(s) of the affiant; and
(B) the nature and duration(s) of the relationship between the affiant and the alien.

(c) Documents establishing initial entry into the United States
...
(1) an admission stamp on the alien’s passport;
(2) records from any educational institution the alien has attended in the United States;
(3) any document from the Department of Justice or the Department of Homeland Security stating the alien’s date of entry into the United States;
(4) hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization;
(5) rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address;
(6) employment records that include the employer’s name and contact information;
(7) official records from a religious entity confirming the alien’s participation in a religious ceremony;
(8) a birth certificate for a child who was born in the United States;
(9) automobile license receipts or registration;
(10) deeds, mortgages, or rental agreement contracts;
(11) tax receipts;
(12) travel records;
(13) copies of money order receipts sent in or out of the country;
(14) dated bank transactions;
(15) remittance records; or
(16) insurance policies.
....
(l) Authority To prohibit use of certain documents.—If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status on a conditional basis is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.

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 aliens plus those with an "Employment Authorization Document" issued pursuant to the June 15, 2012, U.S. Department of Homeland Security Memorandum entitled, “Exercising Prosecutorial Discretion With Respect to Individuals Who Came to the United States as Children” would get:
a. for 60 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 USCIS customer service office at least ten miles from a coast or national border
[This is to allow eligible aliens 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 this act and other federal law requires
I. no detention of persons eligible for or approved for permanent resident status on a conditional basis under this Act simply for immigration control purposes longer than officially necessary to verify the person is eligible/approved and in good standing
II. no deportation of alien applicants eligible for or approved for permanent resident status on a conditional basis under this Act

Individual appeals after any eligible applicant's USCIS decision has been issued may be made, first to the USCIS in a manner the Secretary shall specify and then after USCIS appeal decision has been issued, to a federal district court.

The USCIS or a federal court may require, prior to making any decision:
a. its processor to have the actual (or officially certified copies) of the relevant evidence documents on hand
b. on-site sworn testimony.

[from the Goodlatte bill]
(3) LIMITATION ON CIVIL ACTIONS.—
(A) CLASS ACTIONS.—No court may certify a class under Rule 23 of the Federal Rules of Civil Procedure in any civil action filed after the date of the enactment of this Act pertaining to the administration or enforcement of the application for status under this division.
(B) REQUIREMENTS FOR AN ORDER GRANTING PROSPECTIVE RELIEF AGAINST THE GOVERNMENT.—If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the application for status under this division, the court shall—
(i) limit the relief to the minimum necessary to correct the violation of law;
(ii) adopt the least intrusive means to correct the violation of law;
(iii) minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety;
(iv) provide for the expiration of the relief on a specific date, which allows for the minimum practical time needed to remedy the violation; and
(v) limit the relief to the case at issue and shall not extend any prospective relief to include any other application for status under this division pending before the Secretary or in a Federal court (whether in the same or another jurisdiction).

An alien would lose the right to stay:
a. for failing to apply in a timely manner,
a. for failing to pay in a timely manner,
subject to cure within 16 months of default by paying all amounts due and remaining outside of the USA for at least 12 continuous months
and entering/getting to all countries in those 16 months in a documented/officially recorded lawful manner
c. 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, subject to cure within 16 months of US government detection of default by remaining outside of the USA for at least 12 continuous months
and entering/getting to all countries in those 16 months in a documented/officially recorded lawful manner
d. 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
e. after committing a felony or any offense that would have made the alien ineligible

I would change your amnesty program in this respect: Create a new category called "Permanent Guest Worker." This new "Blue Card" would afford the recipient all of the rights and privileges of a Green Card holder, with the exception that there is no possibility for a path to citizenship.

In order to become a citizen, the individual must return to their native country and apply for reentry along with all other applicants in their home country.

We used to put up square bales of hay instead of the big round ones like we do now. It eventually got impossible to find teenagers to pick up hay in the summer. We gave up doing square bales when the last two teenage boys we hired ended up passed out under a tree due to the heat. My husband and I were still going. One year we let a neighbor mow and keep the hay. He hired some illegals to help. We lost a 4-wheeler, a Stihl chainsaw, and an expensive trimmer about two weeks after the hay was done. A lot of farmers here actually go to the border to get illegals and haul them back to do farm work.

We have some large farms that use legal guest workers and they don’t have so many problems but the small farmers use illegals.

There should still be a way to make the healthy Welfare deadbeats do the jobs people claim Americans won’t do. There should be no job Americans won’t do.

I understand the problems that farmers face because we farmed but at some point Welfare people need to come off of Welfare and be productive. We shouldn’t be paying anybody not to work and then expect to bring in foreigners to do the work.

1) Don’t care what’s in Goodlatte’s bill or the “Dream” act, it’s still too complicated. Just reduce ALL immigration to near zero. From 1924 to 1965, it was on the order of 200K/yr, and that was from Northern Europe predominantly - no trouble to assimilate.

2) Flat out wrong. You’re new here so I’ll waste exactly one line on your mistake, but the status of aliens born in the United States can be clarified by the Congress, not requiring a new Amendment. As far back as 2001: https://www.gpo.gov/fdsys/pkg/BILLS-107hr190ih/pdf/BILLS-107hr190ih.pdf

You are missing my point.

I’ve done what you are doing for 7 uncles, aunts, and parents.

Imagine when you and I are going through that process in our lives. Do YOU have access to relatives doing that? My mom is in a skilled nursing facility now, but she was living on her own. Of four children, three were more than 1,000 miles away due to careers, marriages, etc. I am sure you and I could write a book about how this happens to our peers.

My point is that these elders are living longer; we will live even longer; and the Gen X’ers behind me will live even longer because they, for the most part, don’t smoke.

I also use elder care as an example because nursing assistants is a gateway position for a lot of first generation immigrants. But I could have picked just about any industry for my example.

There just are not a ton of younger people to fill these positions.

“#1 - Enforce the EXISTING Laws”

Obviously, they can’t. I run across a few illegals most days, but unless I can check their status my suspicions mean nothing.

“#2 - Terminate any/all welfare”

Fat chance of that happening! If the government tried the crime wave would be unbelieveable. Think of Cape Town or Ciudad de Mexico.

“#3 - Prosecute any/all lawbreak(ing|ers) and those enabling/abetting.”

Even Goodlatte has good faith exceptions.

“#4 - Read, defend, uphold the plain English reading of the 14th.”

Someone left out the word now as the third word

“All persons NOW born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Right now:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Mr. Griffin, were you born in the US?

Yes!

In which state do you reside?

Florida!

Then obviously you are a citizen of the US and of Florida.

“eVerify (no authority)”

The US government has the necessary and proper authority to protect a state from an invasion of Central American scofflaws.

As we know, millions can get past a border, especially one without a wall.

Also, the US has a $20 trillion debt and it can’t pay it without having most working people making wages high enough to be able to pay substantial taxes.

The Late Great Larry Auster had a good series on Birthright Citizenship and the debates around it.

http://www.amnation.com/vfr/archives/008462.html

PSPS:
Just because the bureaucracy chooses to pretend it exists doesn’t mean it’s true. Comment: Trump could issue an EO directing the agencies NOT to treat the children of illegals as citizens and that would end THAT practice.

“You’re new here so I’ll waste exactly one line on your mistake, but the status of aliens born in the United States can be clarified by the Congress, not requiring a new Amendment. As far back as 2001: https://www.gpo.gov/fdsys/pkg/BILLS-107hr190ih/pdf/BILLS-107hr190ih.pdf";

So at least one of you and someone in DC admited there is a Constitution-based “anchor baby” problem.

However, I believe courts such as the one on Capitol Hill are the ultimate deciders of what the Constitution really means.

You all know about the Defense of Marriage Act attempt.

“that all persons born in the United States and not subject to some foreign power”

http://www.amnation.com/vfr/archives/008477.html

When an ordinary Mexican mom has just given birth in a Laredo hospital, there isn’t normally any Mexican official there able to exercise Mexican governmental power over the infant.

I can’t say the same for a wife of an ambassador, since the ambassador can pat the child on its posterior. The ambassador can tell any US official who walks in the room that the child has diplomatic immunity.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.