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Amnestied aliens and unlimited number of future guest workers have nearly all the rights of U.S. citizens--including right to sue

Taxpayers pick up some of the cost of alien lawsuits

U.S. courts have no jurisdiction over aliens' lawsuits against American citizens

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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.

(b)(1): i .e., the alien will have all the rights of an American citizen unless specifically precluded by the INA

    (b) RIGHTS OF ALIENS GRANTED TEMPORARY RESIDENT STATUS-

      (1) IN GENERAL- Except as otherwise provided in this subsection, an alien who acquires the status of an alien lawfully admitted for temporary residence under subsection (a), such status not having changed, 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.).

      (2) TERMS OF EMPLOYMENT RESPECTING ALIENS ADMITTED UNDER THIS SECTION-

        (A) PROHIBITION- No alien granted status under subsection (a) may be terminated from employment by any employer during the period of temporary resident status except for just cause.

        (B) TREATMENT OF COMPLAINTS-

          (i) ESTABLISHMENT OF PROCESS- The Secretary shall establish a process for the receipt, initial review, and disposition in accordance with this subparagraph of complaints by aliens granted temporary resident status under subsection (a) who allege that they have been terminated without just cause. No proceeding shall be conducted under this subparagraph 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.

          (ii) INITIATION OF ARBITRATION- If the Secretary finds that a complaint has been filed in accordance with clause (i) and there is reasonable cause to believe that the complainant was terminated 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.
          Taxpayers footing some of the legal bill
          The Secretary shall pay the fee and expenses of the arbitrator.

          (iii) ARBITRATION PROCEEDINGS- The arbitrator shall conduct the proceeding 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, but not limited to, reinstatement, back pay, or front pay to the affected employee. Within 30 days from 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.
          Aliens very protected. So far not much protection for American workers.
          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.

          (iv) EFFECT OF ARBITRATION FINDINGS- If the Secretary receives a finding of an arbitrator that an employer has terminated an alien granted temporary resident status under subsection (a) without just cause, the Secretary shall credit the alien for the number of days or hours of work lost for purposes of the requirement of subsection (c)(1).

          (v) TREATMENT OF ATTORNEY'S FEES- The parties shall bear the cost of their own attorney's fees involved in the litigation of the complaint.

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

          (vii) 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 clause (iv).

        (C) CIVIL PENALTIES-

          (i) IN GENERAL- If the Secretary finds, after notice and opportunity for a hearing, that an employer of an alien granted temporary resident status under subsection (a) has failed to provide the record of employment required under subsection (a)(5) 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.

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

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