Posted on 05/18/2007 7:48:14 PM PDT by neverdem
Here’s the section-by-section breakdown of the just-announced Senate deal on illegal immigration given to us by a Senate source. We haven’t had the time to analyze it yet, but we’ll be back with the fast, concise and hard details on what appears to be an horrifically bad deal.
Border Security and Immigration Reform Act of 2007
Title I Title I requires the Secretary of Homeland Security to certify that the triggers are met before the Title IV (Guest Worker) and Title VI (Z visa ) programs can begin, with the exception of probationary status for Z workers and the programs for agricultural workers.
• Triggers include: o 18,000 (CBP) Border Patrol hired o Construction of 200 miles of vehicle barriers and 370 miles of fencing o 70 ground-based radar and camera towers along the southern border o Deployment of 4 Unmanned Aerial Vehicles and supporting systems o The ending of catch-and-release o Resources to detain up to 27,500 aliens per day on an annual basis o The use of secure and effective identification tools to prevent unauthorized work. o The receiving and processing and adjudicating of applications for Z status.
• Title I also includes authorities and resources to augment border security including: o physical infrastructure along the border o additional field and investigative agents o comprehensive plans and studies of the border region o revisions to law enforcement techniques and enhanced authorities.
Title II Title II provides for interior enforcement of immigration laws.
• The stiffening of laws and penalties relate to: o the detention of criminal aliens o the definition of aggravated felony o gang violence o passport, visa, and immigration fraud, including marriage fraud o the streamlining of background checks for immigration status
• Other provisions include language regarding: o Increased penalties for illegally entry and reentry o encouraging aliens to depart voluntarily o prohibiting aliens to possess firearms o alternatives to detention o state and local law enforcement reimbursement and training
Title III Title III addresses workplace enforcement by increasing penalties, revising and making mandatory a system of electronic employment verification, and promoting information sharing.
• This Title designs a worksite enforcement system that relies on electronic employment verification and a reduced list of documents that may be presented to employers to prove identity and work eligibility. o Also increases penalties significantly over current law for unlawful hiring, employment, and recordkeeping violations.
• Verification of employees: As of the date of enactment, employers in national security-related industries, industries involving critical infrastructure, and federal contractors to electronically verify employees, including new hires and/or current employees may be required to verify individuals, with additional employers or industries added after 6 months. o All employers would be required to electronically verify new hires within 18 months of enactment, or on the date on which the Secretary certifies that the system is operational. o Once the system is implemented, all employers would be required to verify all current employees within by 3 years after enactment.
• Structure of the EEVS: After the date of hire but no later than the first day of employment, the employer must transmit to the EEVS via the Internet the data that the employer has taken from the worker’s identity and work eligibility documents.
• Inconclusive determinations: Where the EEVS cannot conclusively determine the status of a worker’s eligibility, a further action notice is issued and the individual must contact the appropriate federal or state agency to initiate resolution of status and the individual continues to work while the agency resolves his or her status.
• Final nonconfirmation: If the employer has received a final non-confirmation regarding an individual, the employer must terminate the employment of the individual, unless the individual files an administrative appeal of a final non-confirmation notice within 15 days.
• Data and Information Sharing: The Commissioner of Social Security must provide the following information to the Secretary of DHS regarding data contained within the Social Security database as in relates to employment verification.
• Fraud and tamper resistant social security cards: Not later than 180 days after date of enactment, the Commissioner is required to begin work to administer and issue fraud-resistant, tamper-resistant Social Security cards.
Title IV Title IV establishes a new temporary Y worker program to address future labor needs of temporary foreign workers and discourage future illegal employment of undocumented individuals. The title also includes measures to protect the rights of U.S. and foreign workers and prevent the U.S. employer from abusing the program.
• Structure of new visa programs: This title creates a new future temporary worker program for workers who are coming to the U.S. to perform temporary job that the U.S. employer is unable to fill. It provides for: o non-seasonal Y temporary worker (Y-1 visa) o seasonal temporary worker
Y-2A for agricultural workers, sheepherder, goat herders, and dairy workers
Y-2B for non-agricultural workers; and
o their spouses and minor children (Y-3 visa).
• Matching Willing Workers with Willing Employers: All Y workers must be matched to a “willing employers” through an electronic database in order to qualify for a Y worker visa.
• Families of Y visa holders: can only accompany Y workers if the worker can: o show proof of valid medical insurance and o demonstrate that the wages of the principal Y nonimmigrant(s) are 150% above poverty level for the household size. o Spouses and children who do not qualify for Y-3 visa may be admitted under other nonimmigrant status.
• Period of admission: A Y-1 worker can be admitted for a two year period that can be renewed twice if that worker spends a period of one year outside the United States between each admission. o A Y-1 accompanied by dependents are afforded a single two year visa, non-renewable. o Workers with Y-2A and Y-2B visa qualify for 10 month visas; no extensions may be granted.
• Permanent Bar: Y worker who fails to timely depart is permanently barred from any future immigration benefit.
• Wage: The employer must attest that the Y worker will be paid not less than the greater of the actual wage paid by the employer to all other similarly situated workers or the “prevailing competitive wage.”
• Numerical Limitation: The Y-1 visa program has an initial cap of 400,000 with yearly adjustments based on market fluctuations. o There are no numerical limitations for Y-2A while the Y-2B visas are initially capped at 100,000 with yearly adjustment based on market fluctuations. o The market-based fluctuation is adjusted every 6 months during the fiscal year. o The Y-3 visa for spouses and minor children limit may not exceed 20% of annual limit for Y-1 visas. o A newly created Standing Commission will make recommendations to Congress regarding the Y visa numerical cap for each fiscal year following the initial year of the program
Title V Title V restructures and rebalances the current system by which green cards are distributed.
• Rebalancing of Immigrant Visa Allocation: Resets the number of family-based, family backlog, merit-based immigrants, and eventual Z immigration green cards. o The family categories are less than under current law since several of the extended family categories are reduced, while the merit-based is increased over the current employment-based levels after the processing of the family-based backlog. o An annual total of 440,000 visas are allotted to process the backlog of family-based categories eliminated. o It is estimated that the family backlog cases can all be processed in 8 years. o An annual total of 10,000 visas are set aside for exceptional Y workers.
• Merit Based Points System: The current employment based green card system will be replaced by a merit based points system.
• Reducing Chain Migration and Permitting Petitions by Nationals: Elimination and reconfiguring of the following family-based preference categories: o First: Unmarried Sons and Daughters of Citizens o Second: Unmarried Sons and Daughters of Permanent Residents other than spouses and minor children of permanent residents o Third: Married Sons and Daughters of Citizens o Fourth: Brothers and Sisters of Adult Citizens o Sets cap of 40,000 per fiscal year on category for parents of U.S. citizens. o Sets cap of 87,000 per fiscal year on the second preference category for spouses and children of permanent residents.
• Elimination of Backlog: If the family-based visa petition in the eliminated category is filed before May 1, 2005, the petition can be processed under the prior law within 8 year.
Title VI This title provides a new visa for most individuals currently living within the U.S. illegally.
• Creates a new four-year, renewable “Z” nonimmigrant visa to address the undocumented population within the U.S. The visa is split up into three groups: o a principal or employed alien (Z-1), o the spouse or elderly parent of that alien (Z-2), o and the minor children of that alien (Z-3).
• Cut off Date: In order to be eligible for this visa, one must have been illegally present within the U.S. before January 1, 2007.
• Fees and Penalties: To apply, an alien seeking Z-1 status must be currently employed and pay fees and penalties totaling $5,000 (less for derivative Z’s) to be eligible for a green card under the merit-based system.
• Probationary, the Permanent Z Status: Once an applicant submits a completed application, fingerprints, and is cleared by one-day background checks he will receive probationary benefits which can eventually be converted to a Z nonimmigrant status after all background checks are clear and the triggers set forth in Title I are achieved.
• LPR Status: A Z-1 nonimmigrant may adjust status to lawful permanent residence after the family backlog under Title V is eliminated if the Z applicant: o Satisfies the merit requirements in the points schedule set forth in Title V. o files the application for adjustment in the Z-1’s country of origin and o pays a penalty of $4,000.
• DREAM ACT: Individuals under the age of 30 that were brought to the United States out of their own control as a minor are eligible to receive their green card after 3 years rather than 8.
Title VII Title VII includes a number of miscellaneous provisions involving assimilation, including increased funding for the office of citizenship and integration ($100M)
Mr. Babbin is the editor of Human Events. He previously served as a deputy undersecretary of defense in President George H.W. Bush's administration. He is the author (with Edward Timperlake) of "Showdown: Why China Wants War with the United States" (Regnery, 2006) and "Inside the Asylum: Why the UN and Old Europe are Worse than You Think" (Regnery, 2004). E-mail him at jbabbin@eaglepub.com.
This would be the end of this country. WOT would be lost, too. We have to defeat this bill. Here is my list:
1: Presidential candidates (esp Mitt Romney, Fred Thompson) needs to lead the public fight aggressively.
2: Pelosi needs (well, wants) 70 republican votes in the House. Make sure this won’t happen. Call and fax your rep.
3: House republicans can shut down the House.
4: If everything else fails, ask a pledge from House republicans: “If Bush does not veto amnesty bill, we will support troop withdrawal and impeachement”. This forces Bush to veto it.
If you have better ideas, please speak up soon. Next week it is too late.
I’m from the government and here to help...
I’ll still love you in the morning...
I won’t .... .. .... mouth.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
It doesn't make much sense to ask soldiers to risk their lives to defend a Country that no longer exists.
Every Republican who considers this a sell-out should, within the next week (the quicker the better) change his party affiliation from “Republican” to anything else.
McCain’s F-bomb retort to Cornyn over immigration proves that he’s a loose cannon and a latter day Captain Queeg.
All he needs is the ball bearings to roll in his hand.
Dr. Strangelove from Arizona.
Buh bye, Johnny.
Conservatives will never, ever trust you.
This is why no senator will be elected POTUS, thankfully - look at the cast, both parties.
Fred supporters won’t like this, but it’s a fatal flaw.
Yeah right. Defeat the bill - yes - but practice political terrorism against our President over this bill - uh no.
Why can’t we start sending illegals back? There is no reason to feel guilty about that, its enforcing the law. All 12 million illegals do not have to go back at one time.
The liberal unions and Soros will foot the $5K for their illegal alien/ “Z Visa” recruits.
Fred supporters won’t like this, but it’s a fatal flaw.
I wouldn't bet against Fred. The three usual suspects are unlikely make it through the primaries.
Your plan was stupid. Zero Congressmen would do what you suggested which is to threaten to deny funds to the troops and threaten impeachment. Get a grip.
No the model for defeating this is the Dubai Ports deal. We are hearing people on the left are not exactly thrilled over this either. If we do our part by flooding our reps with our outrage and the left provides some help that may be enough.
Some parts of this bill are good. If they just deleted the provisions dealing with earned amnesty (which is the heart of it) then the rest would not be too bad. :-)
My message to them will be clear. First things first. When you have a leaky dike you first plug the leak. You shut the border down tight, go after the businesses and slowly deport them. And if they want comprehensive immigration reform how about increasing the number of Chinese and Indians and reducing the mexican peasants? We should be getting the best and brightest not gardeners.
Excuse me, but business does not skate. They bear the brunt of enforcement. They have to install the verification system and submit the docs to the gov. They will be wired to the gov every which way, and the barriers to cross referencing are down. It reminds me of the tax collection system. Business does the work, shoulders the expense, and risks the jack boot thugs, if they make a mistake. Now it is in reaql time. $75,000 fine. No more day laborers at the Home Depot.
WRITE! WRITE! WRITE! WRITE! TILL YOU RUN OUT OF INK IN YOUR PEN!
You just signed up and you’re supporting the withdrawal of troops and impeachment.
What Democrat is paying your bills?
Well, when "Republicans" change their registration to something else, then we'll know who the real RINO's are.
We are sending illegals back.
Deportations are going on at the rate of over 700 a day, but that can’t solve the problem as there are too many here now.
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