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Under (d)(3)(A): the responsibility for ensuring the integrity of this process is going to be put in the hands of any number of radical ethnic-identity "labor" or "collective bargaining organizations," many with a political agenda that includes increasing both legal and illegal immigration. This is to say, the responsibility for ensuring the integrity of this process is going to be put in the hands of organizations with an interest in "establishing" as many aliens as possible, both for membership reasons and, often, for racial reasons. To
take one example, the Labor
Council for Latin American Advancement (LCLAA)
has a message
from the president, Milton Rosado, posted on its
website "LCLAA will continue working with UNITE, the AFL-CIO and other international unions that adversely [sic] affect Latinos here and abroad." In other words, this organization, a transnational race-identity group, with interests overtly indifferent (read their website) to the well-being of the people of the United States, is being given significant influence over the key "establishment" process by which an unlimited number of foreign nationals could be permanently rooted within the United States. Some might object that it cannot be asumed that radical organizations of this nature will be designated to submit "establishment records" under this bill, but there is nothing in this bill to prevent it, and it is precisely what has happened in past amnesties. In fact, the bill's chief sponsor, Chris Cannon of Utah has this organization, along with many similar ones, listed on his website as a sponsor of the AgJOBS amnesty. main site
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(1)
TO WHOM MAY BE MADE- (A)
WITHIN THE UNITED STATES- The
Secretary shall provide that-- (i) applications for temporary resident
status under subsection (a) may be filed--
(I)
with the Secretary, but only if the applicant is represented
by an attorney; or (II)
with a qualified designated entity (designated under paragraph
(2)), but only if the applicant consents to the
forwarding of the application to the Secretary; and (ii)
applications for adjustment of status under subsection (c)
shall be filed directly with the Secretary. (B)
OUTSIDE THE UNITED STATES- The
Secretary, in cooperation with the Secretary of State,
shall establish a procedure whereby an alien may apply
for temporary resident status under subsection (a) at
an appropriate consular office outside the United States. (C)
PRELIMINARY APPLICATIONS-
(i) IN GENERAL- During the application period described in subsection (a)(1)(B), the Secretary may grant admission to the United States as a temporary resident and provide an `employment authorized' endorsement or other appropriate work
permit to any alien who presents a preliminary application
for such status under subsection (a) at a designated
port of entry on the southern land border of the United
States. An alien who does not enter through a port of
entry is subject to deportation and removal as otherwise
provided in this Act.
(ii)
DEFINITION- For purposes of clause (i),
the term `preliminary application' means a fully completed
and signed application which contains specific information
concerning the performance of qualifying employment
in the United States, together with the payment of the
appropriate fee and the submission of photographs and
the documentary evidence which the applicant intends
to submit as proof of such employment. (iii) ELIGIBILITY- An applicant under clause (i) must be otherwise admissible to the United States under subsection (e)(2) and must establish to the satisfaction of the examining officer during an interview that the applicant's claim to eligibility for temporary resident status is credible. (D) TRAVEL DOCUMENTATION- The Secretary shall provide each
alien granted status (2)
DESIGNATION OF ENTITIES TO RECEIVE APPLICATIONS- (A)
IN GENERAL- For purposes of receiving applications under
subsection (a), the Secretary-- (i) shall designate qualified farm
labor
organizations
and associations
of employers; and
(ii)
may designate such other persons as the Secretary determines
are qualified and have substantial experience, demonstrate
competence, and have traditional long-term involvement
in the preparation and submittal of applications for
adjustment of status under section 209, 210, or 245
of the Immigration and Nationality Act, Public Law 89-732,
Public
Law 95-145, or the Immigration Reform and Control Act
of 1986. (B)
REFERENCES- Organizations, associations, and persons
designated under subparagraph (A) are referred to in
this Act as `qualified designated
entities'. (3)
PROOF OF ELIGIBILITY- (A) IN GENERAL- An alien may establish that the alien meets the requirement of subsection (a)(1)(A) or subsection (c)(1)(A) through government employment records or records supplied by employers or collective bargaining organizations, and other reliable documentation as the alien may provide. The
Secretary shall establish special
procedures to properly credit work in cases in which
an alien was employed under an assumed name. (B) DOCUMENTATION OF WORK HISTORY- (i) An alien applying for status under subsection (a)(1) or subsection (c)(1) has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of hours or days (as required under subsection (a)(1)(A) or subsection (c)(1)(A)). (ii)
If an employer or farm labor contractor employing such
an alien has kept proper and adequate records respecting
such employment, the alien's burden of proof under clause
(i) may be met by securing
timely production of those records under regulations
to be promulgated by the Secretary. (iii)
An alien can meet such burden of proof if the alien
establishes that the alien has in fact performed the
work described in subsection (a)(1)(A) or subsection
(c)(1)(A) by producing sufficient evidence to show the
extent of that employment as a matter of just and reasonable
inference. (4)
TREATMENT OF APPLICATIONS BY QUALIFIED DESIGNATED ENTITIES-
Each qualified designated entity must agree to forward
to the Secretary applications filed with it in accordance
with paragraph (1)(A)(i)(II)
but not to forward to the Secretary applications filed
with it unless the applicant has consented to such forwarding.
No such entity may make a determination required by
this section to be made by the Secretary. Upon the request
of the alien, a qualified designated entity shall assist
the alien in obtaining documentation of the work history
of the alien.
(5)
LIMITATION ON ACCESS TO INFORMATION- Files and records
prepared for purposes of this subsection by qualified
designated entities operating under this subsection
are confidential and the Secretary
shall not have access to such files or records relating
to an alien without the consent of the alien,
except as allowed by a court order issued pursuant to
paragraph (6). (6)
CONFIDENTIALITY OF INFORMATION- (A)
IN GENERAL- Except as otherwise provided in this subsection,
neither the Secretary, nor any other official or employee
of the Department of Homeland Security, or bureau or
agency thereof, may-- (i) use the information furnished by the applicant pursuant
to an application filed under this section, the information
provided to the applicant by a person designated under
paragraph (2)(A), or any information provided by an
employer or former employer, for any purpose other than
to make a determination on the application, or for enforcement
of paragraph (7); (ii)
make any publication whereby the information furnished by any
particular individual can be identified; or (iii)
permit anyone other than the sworn officers and employees of
the Department of Homeland Security, or bureau or agency
thereof, or, with respect to applications filed with
a qualified designated entity, that qualified designated
entity, to examine individual applications. (B)
CRIME- Whoever knowingly uses, publishes, or permits
information to be examined in violation of this paragraph
shall be fined not more than $10,000.
(7)
PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS- (A)
CRIMINAL PENALTY- Whoever-- (i) files an application for status under subsection (a) or
(c) and knowingly and willfully falsifies, conceals,
or covers up a material fact or makes any false, fictitious,
or fraudulent statements or representations, or makes
or uses any false writing or document knowing the same
to contain any false, fictitious, or fraudulent statement
or entry; or (ii)
creates or supplies a false writing or document for use in
making such an application; shall be fined in accordance with title 18, United States Code,
or imprisoned not more than 5 years, or both. (B)
INADMISSIBILITY- An alien who is convicted of a crime
under subparagraph (A) shall be considered to be inadmissible
to the United States on the ground described in section
212(a)(6)(C)(i) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). (8)
ELIGIBILITY FOR LEGAL SERVICES- Section 504(a)(11) of
Public Law 104-134 (110 Stat. 1321-53 et seq.) shall
not be construed to prevent a recipient of funds under
the Legal Services Corporation Act (42 U.S.C. 2996 et
seq.) from providing legal assistance directly related
to an application for adjustment of status under this
section. (9)
APPLICATION FEES- (A)
FEE SCHEDULE- The Secretary shall provide for a schedule
of fees that-- (i) shall be charged for the filing
of applications for status under subsections (a) and
(c); and (ii)
may be charged by qualified designated entities to help defray
the costs of services provided to such applicants. (B)
PROHIBITION ON EXCESS FEES BY QUALIFIED DESIGNATED ENTITIES-
A qualified designated entity may not charge any fee
in excess of, or in addition to, the fees authorized
under subparagraph (A)(ii) for services provided to
applicants. (C)
DISPOSITION OF FEES- (i) IN GENERAL- There is established in the general fund of
the Treasury a separate account, which shall be known
as the `Agricultural Worker Immigration Status Adjustment
Account'. Notwithstanding any other provision of law,
there shall be deposited as offsetting receipts into
the account all fees collected under subparagraph (A)(i). (ii)
USE OF FEES FOR APPLICATION PROCESSING- Amounts deposited
in the `Agricultural Worker Immigration Status Adjustment
Account' shall remain available to the Secretary until
expended for processing applications for status under
subsections (a) and (c). |
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