AgJOBS WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR INADMISSIBILITY Sec 101 (e)

Even though polls show that a majority of Americans support lowering immigration numbers, this bill completely eliminates all caps

Previous restrictions on importing labor removed

Previous restrictions on legalizing illegal aliens removed

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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.

e) WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR INADMISSIBILITY-

8 U.S.C. 1151 sets caps on overall numbers and 1152 sets per-country limits

(1) NUMERICAL LIMITATIONS DO NOT APPLY- The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to lawful permanent resident status under this section.

8 U.S.C. 1182(a): paragraphs (5) concerns skilled or unskilled labor, (6)(A) concerns illegal border-crossers, (7)(A) concerns improper documents, and (9)(B) concerns illegal visa-overstayers

(e)(2): In other words, 8 U.S.C. 1182(a), which makes illegal aliens "ineligible to receive visas and ineligible to be admitted to the United States" is gutted.

(e)(2): The law currently protects American wages by specifically excluding economic migration. AgJOBS would remove those barriers and allow illegal aliens and foreign labor to qualify for this program.

(2) WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY- In the determination of an alien's eligibility for status under subsection (a)(1)(C) or an alien's eligibility for adjustment of status under subsection (c)(1)(B)(ii)(I), the following rules shall apply:

(A) GROUNDS OF EXCLUSION NOT APPLICABLE- The provisions of paragraphs (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply.

(B) WAIVER OF OTHER GROUNDS-

(e)(2)(B)(i): i.e., a nearly arbitrary bureaucratic decision could legalize subsequent waves of foreign nationals

(i) IN GENERAL- Except as provided in clause (ii), the Secretary may waive any other provision of such section 212(a) in the case of individual aliens for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest.

8 U.S.C. 1182(a)(4)(A) In general Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.

(e)(2)(C): under this subsection, former precautions against letting U.S. public assistance and social welfare programs serve as magnets for immigration are eliminated. Illegal aliens will still be eligible for amnesty under this bill, even if they've been using taxpayer-supported social services, and even if they've been accessing the services using a fradulent Social Security number

(ii) GROUNDS THAT MAY NOT BE WAIVED- The following provisions of such section 212(a) may not be waived by the Secretary under clause (i):

(I) Subparagraphs (A) and (B) of paragraph (2) (relating to criminals).

(II) Paragraph (4) (relating to aliens likely to become public charges).

(III) Paragraph (2)(C) (relating to drug offenses).

(IV) Paragraph (3) (relating to security and related grounds).

(e)(2)(C): The "history of employment" requirement of this section is as toothless as the "reliance on public cash assistance" requirement. Under this act, certification of past employment can be on the say-so of trans-national racial-identity groups.

(e)(2)(C): "self-support without reliance on public cash assistance:" to see how this works in the real world, click here for an interesting pop-up list from the page, "IMPORTANT NOTICE FOR IMMIGRANTS" at the Los Angeles Dept of Public Srvcs.

Even though such restrictions on the use of "cash assistance" are already prohibited by law, the law is widely flouted, as a look at the pop-up list linked above will quickly demonstrate.

The AgJOBS bill includes no teeth for the enforcement of such widespread problems.

(iii) CONSTRUCTION- Nothing in this subparagraph shall be construed as affecting the authority of the Secretary other than under this subparagraph to waive provisions of such section 212(a).

(C) SPECIAL RULE FOR DETERMINATION OF PUBLIC CHARGE- An alien is not ineligible for status under this section by reason of a ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance.

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