Saturday, June 30, 2007

What Is NOT Enforced: Sens. Kohl & Feingold Failures in Immigration Laws

This is still the law. It was passed 21 years ago.

Control of Illegal Immigration -

Part A: Employment -

Amends the Immigration and Nationality Act to make it unlawful for a person or other entity to: (1) hire (including through subcontractors), recruit, or refer for a fee for U.S. employment any alien knowing that such person is unauthorized to work, or any person without verifying his or her work status; or (2) continue to employ an alien knowing of such person's unauthorized work status.

Makes verification compliance (including the use of State employment agency documentation) an affirmative defense to any hiring or referral violation.

Establishes an employment verification system. Requires: (1) the employer to attest, on a form developed by the Attorney General, that the employee's work status has been verified by examination of a passport, birth certificate, social security card, alien documentation papers, or other proof; (2) the worker to similarly attest that he or she is a U.S. citizen or national, or authorized alien; and (3) the employer to keep such records for three years in the case of referral or recruitment, or the later of three years or one year after employment termination in the case of hiring.

...Directs the Attorney General to establish complaint and investigation procedures which shall provide for: (1) individuals and entities to file written, signed complaints regarding potential hiring violations; (2) INS investigations of complaints with substantial probability of validity; (3) Department of Justice-initiated investigations; and (4) designation of a specific INS unit to prosecute such violations.

...Amends the Migrant and Seasonal Agricultural Worker Protection Act to subject farm labor contractors to the requirements of this Act, beginning seven months after enactment

There's also a provision for establishing a telephone-verification of SSANs. We've upgraded to an existing Internet-verification system.

Note how carefully ALL employers utilize that system. Also note that enforcement of the provision, under Bush, Clinton and Bush has simply....sucked.

Now swallow all your coffee before reading this next laugher. Computers don't like coffee in the keyboard/screen/hard-drive.

Part B: Improvement of Enforcement and Services

- States that essential elements of the immigration control and reform program established by this Act are increased enforcement and administrative activities of the Border Patrol, the Immigration and Naturalization Service (INS), and other appropriate Federal agencies

...Authorizes additional appropriations for wage and hour enforcement.

Revises the criminal penalties for the unlawful transportation of unauthorized aliens into the United States.

Expresses the sense of the Congress that the immigration laws of the United States should be vigorously enforced, while taking care to protect the rights and safety of U.S. citizens and aliens.

Prohibits the adjustment of status to permanent resident for violators of (nonimmigrant) visa terms

Title II: Legalization

Prohibits the legalization of persons: (1) convicted of a felony or three or more misdemeanors in the United States;

Directs the Attorney General to adjust the status of temporary resident aliens to permanent resident if the alien:

...(4) either meets the minimum requirements for an understanding of English and a knowledge of American history and government, or demonstrates the satisfactory pursuit of a course of study in these subjects.

Makes legalized aliens (other than Cuban/Haitian entrants) ineligible for Federal financial assistance, Medicaid (with certain exceptions), or food stamps for five years following a grant of temporary resident status and for five years following a grant of permanent resident status (permits aid to the aged, blind, or disabled).

Title VII: Federal Responsibility for Deportable and Excludable Aliens Convicted of Crimes

- Provides for the expeditious deportation of aliens convicted of crimes.

Provides for the identification of Department of Defense facilities that could be made available to incarcerate deportable or excludable aliens.

So next time you hear the Whiner Boys, Kohl and Feinie, yapping about "it was our last chance..." or "national security," ask the Whiner Boys exactly what the Hell they have done about the Simpson-Mazzoli Act's specific requirements.

It will be a very short list of accomplishments, trust me.

Concept-Tip: LawDog

1 comment:

Dad29 said...
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