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Act includes illegal aliens (a)(1)(c)

Alien must "establish" history of working in agriculture prior to Aug 31, 2003

Illegals receive "temporary legal status"

Restrictions on economic migration waived.

Impact on American wages no ground for removing aliens

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TITLE I--ADJUSTMENT TO LAWFUL STATUS
Sec. 101. AGRICULTURAL WORKERS.
(a) TEMPORARY RESIDENT STATUS
  (b) RIGHTS OF ALIENS GRANTED TEMPORARY RESIDENT STATUS
  (c) ADJUSTMENT TO PERMANENT RESIDENCE
  (d) APPLICATIONS
  (e) WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR INADMISSIBILITY
  (f) TEMPORARY STAY OF REMOVAL AND WORK AUTHORIZATION FOR CERTAIN APPLICANTS
  (g) ADMINISTRATIVE AND JUDICIAL REVIEW
  (h) DISSEMINATION OF INFORMATION ON ADJUSTMENT PROGRAM
  (i) REGULATIONS
  (j) EFFECTIVE DATE
  (k) FUNDING

SEC. 101. AGRICULTURAL WORKERS.

(a) TEMPORARY RESIDENT STATUS-

      (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer upon an alien who qualifies under this subsection the status of an alien lawfully admitted for temporary residence if the Secretary determines that the following requirements are satisfied with respect to the alien:

        (a)(1)(A): An alien must "establish" a prior work history in order to qualify for this amnesty. Of course, since he has been working as an "undocumented" alien, the immediate question arises: How does one "establish" a past work history when there is no official way to document it? The astonishing answer is in Sec. (d)(3)(A).

        (a)(1)(C): 8 U.S.C. 1182 excludes aliens, in general terms, (1) on health-related grounds, (2) for criminal or terrorist activity, (3) for the likelihood of going on welfare, (4) if they are only coming to work, (5) if only coming for a job, (6) if they are illegal aliens, (7) if they have no identity papers (8) if they are draft evaders, etc., (9) if the alien has already been deported, (10) misc, etc.

        Subsection (e)(2) waives the restrictions on: (6)(A) illegal border crossers, (7)(A) improper documents, and (9)(B) illegal visa overstayers making a broad cross-section makes illegal aliens eligible to receive visas and eligible to be admitted to the United States.

        Subsection (e)(2) also waives the restrictions on (5) skilled or unskilled labor, a restriction an earlier Congress included in order to protect American workers. Congressman Cannon's bill would remove that protection for Americans.

        (a)(4): In other words, regardless of the impact on American wages, the enormous flood of cheap labor this bill would unleash is permanent.
        (A) PERFORMANCE OF AGRICULTURAL EMPLOYMENT IN THE UNITED STATES- The alien must establish that the alien has performed agricultural employment in the United States for at least 575 hours or 100 work days, whichever is less, during any 12 consecutive months during the 18-month period ending on August 31, 2003.

        (B) APPLICATION PERIOD- The alien must apply for such status during the 18-month application period beginning on the 1st day of the 7th month that begins after the date of enactment of this Act.

        (C) ADMISSIBLE AS IMMIGRANT- The alien must establish that the alien is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).

      (2) AUTHORIZED TRAVEL- During the period an alien is in lawful temporary resident status granted under this subsection, the alien has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.

      (3) AUTHORIZED EMPLOYMENT- During the period an alien is in lawful temporary resident status granted under this subsection, the alien shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.

      (4) TERMINATION OF TEMPORARY RESIDENT STATUS- During the period of temporary resident status granted an alien under this subsection, the Secretary may terminate such status only upon a determination under this Act that the alien is deportable.

       

      (5) RECORD OF EMPLOYMENT-

        (A) IN GENERAL- Each employer of a worker granted status under this subsection shall annually--

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

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

        (B) SUNSET- The obligation under subparagraph (A) terminates on August 31, 2009.

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