|
Home / Legal
Cornyn, Kyl Introduce Comprehensive Border Security, Immigr
By:Al Loy
by Al Loy
U.S. Sen. John Cornyn (R-Texas), Chairman of the Immigration, Border Security and Citizenship subcommittee, and U.S. Sen. Jon Kyl (R-Ariz.), Chairman of the Terrorism, Technology and Homeland Security subcommittee, introduced comprehensive border security and immigration reform legislation on Tuesday.
The Comprehensive Enforcement and Immigration Reform Act of 2005 will, S.1438, dramatically strengthen enforcement, bolster border security, and comprehensively reform our immigration laws. The key components of the bill include enhanced border security and interior enforcement, employer accountability, and reform that addresses temporary workers and the current illegal population.
Following is a summary of the bill:
Border Enforcement and Visa Security
• Authorizes sufficient resources, including 10,000 Border Patrol Agents (same figure as Intelligence Reform bill, with monthly reports to Congress on progress made in hiring and deploying the agents) and 1,250 new Customs and Border Protection Officers (working at ports of entry). Authorizes $5 billion over 5 years for accompanying technology (e.g. cameras and sensors) and infrastructure (e.g. stations and checkpoints), to stop illegal border crossing
• Expands and improves Expedited Removal, which provides a streamlined means of removing aliens who are clearly ineligible to enter the U.S. Authorizes $50 million over 5 years
• Strengthens US-VISIT entry-exit system to better track and identify aliens who enter the country and those who fail to depart
• Increases the bond amount for aliens from noncontiguous countries
• Cancels all visas in the possession of an alien if he or she fails to depart U.S. at end of stay
• Authorizes $50 million over 5 years in grants for American Indian Tribes on border adversely affected by illegal immigration.
Strengthening Interior Enforcement and Leveraging State and Local Law Resources
• Provides the Department of Homeland Security with 10,000 detention beds over 5 years to eliminate the release of illegal aliens into the country
• Clarifies State and local authority to enforce federal immigration laws
• Expands Institutional Removal Program to identify criminal aliens in federal and state correctional facilities and remove them upon completion of their sentences
• Authorizes $4.45 billion to reimburse states and counties for costs related to the incarceration of criminal illegal aliens and $200 million each year for the costs of processing criminal illegal immigrants through local criminal justice systems
• Authorizes 1,000 smuggling and status violations investigators over 5 years (200 more per year than Intelligence Reform bill)
• Authorizes 250 additional DOJ immigration judges and 500 DHS trial attorneys over 5 years
• Allows the Department of Homeland Security to expeditiously remove aliens who were previously deported and then reentered illegally
• Increases penalties for alien smuggling, document fraud, drug trafficking and gang violence
• Establishes new Assistant Attorney General in the Department of Justice to oversee immigration enforcement and litigation, to ensure high level DOJ attention and accountability Worksite Enforcement
• Authorizes 10,000 additional agents over 5 years to investigate employers who hire illegal aliens. Also 1,000 new investigators over 5 years to detect fraud in application process
• Increases the penalties for unauthorized employment of aliens, social security fraud and false claims to citizenship
• Requires within one year issuance of secure machine-readable, tamper-resistant Social Security cards
• Closes loopholes in identity theft by establishing minimum standards for state-issued birth certificates
• Requires within one year that all new hires participate in a Social Security-based electronic employment eligibility verification system
• Assists employers by reducing the number of documents that workers may present to establish identity and employment authorization
Obligations of Participating Countries
• Requires countries to enter into bilateral agreement with U.S. government before the nationals of the country are allowed to participate in a temporary worker visa program or Mandatory Departure status
• Requires aliens to have a minimum level of health coverage, which can be provided by the participating country, the alien or the employer
• Encourages countries to provide housing incentives for returning workers
• Requires participating country to:
1) Cooperate in efforts to control illegal immigration
2) Immediately accept return of nationals who are ordered removed from the U.S.
3) Work with U.S. to reduce gang violence, human trafficking and smuggling
4) Provide access to databases and information on criminal aliens and terrorists Temporary Worker Program
• Establishes new visa category that allows aliens to enter the U.S. to work temporarily when there are no available U.S. workers
• Limits the period of visa to two years, after which the alien must return home for one year. Alien may participate up to three times (for a total of 6 years of employment in the U.S.)
• Requires completion of background checks, health screening and issuance of biometric documentation to participating aliens
• Establishes a Temporary Worker Task Force to prepare a report on the effect of the temporary worker program on wages and employment of U.S. workers, which would then form basis of cap
• Family members may visit principal worker in the U.S. for no longer than 30 days within a given year
Mandatory Departure and Reentry in Legal Status
• Allows aliens who are present in the U.S. illegally to apply for Mandatory Departure, which enables them time to depart the United States voluntarily and reenter the country through normal legal channels (e.g. as temporary worker)
• Aliens granted Mandatory Departure status are ineligible to obtain permanent resident status (i.e. green card) while in the U.S. – they must depart and reenter through normal legal channels
• Aliens are registered, fingerprinted, and checked against all available criminal/terrorist lists
• Aliens are issued secure, biometric identity documentation. The documents will function as identity documents and employers will use document readers to verify identity and employment authorization
• Provides incentives for aliens to depart the United States immediately, but all aliens are required to depart prior to five years
• Aliens who return to home country within a short period of time may quickly reenter through legal channels as a temporary worker and are not required to spend up to 10 years outside of the country
• Aliens who fail to depart are ineligible for any other immigration benefit for a period of ten years
Circular Migration and Visa Backlog Reduction
• Creates temporary worker investment funds to encourage aliens to return home
• Reduces visa backlog waiting times by allowing the recapture of unused visa numbers and terminating the Diversity Visa Program.
Find more articles about immigration at LawyerIntl .com articles
Digg
del.icio.us
Blink
Stumble
Spurl
Reddit
Netscape
Furl
Article Source: http://www.articles2k.com
Al Loy is a senior editor at LawyerIntl.com
|
|
| Top Legal Articles |
- 1). how to defer jury duty By : Phil Wiley
Let’s face it. Jury duty can be a drag, but most of all it’s not always convenient when we’re called up to service. So how can you defer jury duty?
|
|
|
- 3). The New Bankruptcy “Means Test” Explained in Plain English By : Charles J. Phelan
With the new bankruptcy law in effect as of October 17, 2005, there is a lot of confusion regarding the new "means test" requirement. The means test will be used by the courts to determine eligibility for Chapter 7 or Chapter 13 bankruptcy. The purpose of this article is to explain in plain language how the means test works, so that consumers can get a better idea of how they will be affected under the new rules.
|
- 4). Estate Planning - No Contest Clause in your Will By : Ronald Hudkins
Copyright 2006 Ronald Hudkins
There is value in the story of an older client who had seen a very interesting clause employed in a will. There was a great deal of money at stake and the many family members had little reason to love each other, because they had never met and never knew of each other’s existence. It was expected that the will would be heavily contested on several different fronts in every conceivable way.
|
|
|
|
|
|
|
|
|
|
|
|
|
| New Legal Articles |
- 1). Personal Injury Compensation Claims By : Julian Hall
Not all accidents lead to legal proceedings, however if there are no serious injuries, you may be entitled to recover damages for property and other expenses from the third party. The likelihood of legal proceedings will usually rest on the quantum, or the amount of financial damage which has ensued from the accident.
|
|
|
- 3). California Contractor License Bond By : Seth Miller
Before a contractor can receive a contractor’s license in California, the contractor must register with the California Contractors State License Board and pay a Contractor's License Bond or a cash credit.
In the event of a contractor's license getting suspended or annulled due to a breach of the Contractors License Law, the contractor must file a disciplinary bond with the CSLB.
|
- 4). Montana Child Support the Treasure State By : Holcy
Montana Child Support
How do you know if you qualify for child support? Child support is available to all single parents in need of financial assistance from the non-custodial parent. In order to receive child support services, you must first fill out an application with the state of Montana. When apply for child support, there will be a non-refundable application fee.
|
- 5). Criminal background check By : Stanley Alpin
Background checks are a useful screening and selection tool for companies. Of the many types of background checks, criminal background checks are routinely carried out by employers to ensure that they are not courting a risk of physical and mental trauma. In fact, in several states in the U.S, criminal background checks are compulsory for prospects who apply for positions in places such as nursing homes, educational institutions, and adult care centers.
|
- 6). Employment background check By : Stanley Alpin
Employment background checks are becoming increasingly common these days. The reasons for this include the fact that negligent hiring lawsuits that result from the actions of an errant employee can damage a company’s credibility and lead to hefty fines; companies have become more selective in their choice of employees following the threat of terrorist activities; accepting a resume at face value has resulted in many companies wasting time and money due to frequent hire-and-fire situations.
|
- 7). How an employee background check works By : Stanley Alpin
Over the past few years pre-employment background checks have gained significance for employers big and small. Companies can either execute the required activities in-house or can outsource them to human resource companies that specialize in carrying out background checks.
There is a lot of paper-work, co-coordination, and follow-up that goes into conducting a background check and for this reasons companies prefer to get the job done by an outside agency.
|
- 8). Is an instant background check even possible? By : Stanley Alpin
Given that there are more than 12 million illegal immigrants in the United States and that information on U.S citizens is scattered across various databases all over 3,142 counties, it is safe to conclude that an instant background check is not possible at present. Yet, there are innumerable companies that purportedly offer instant background checks.
|
- 9). What shows up on a criminal record background check? By : Stanley Alpin
A criminal record background check can throw up a lot of information on an individual including previous arrests as well as conviction and non-conviction information. The information is obtained from Federal Fugitive files, files from the Department of Corrections prison, state criminal records, databases on sex offenders, and prison parole records.
|
- 10). Offshore Trust - Effective Estate Planning, You Decide By : Ronald Hudkins
Copyright 2006 Ronald Hudkins
The creation of offshore trusts and other financial plans is a way of shielding your assets from the laws of the nation in which you reside. It can sometimes be used to remove one of the two certainties of life; taxes. Americans are far less likely than the citizens of other countries to put assets abroad because, although when you receive the benefits of being free of your country’s laws regarding assets (namely taxation) you also lose the aspect of those laws that are designed to protect your assets.
|
|
|
