Analysis of S1348, Immigration Compromise, by Dave Leach, 5/24/7

In this file is the complete bill, with notes I have made to myself. Some of the notes, I have copied to the beginning of this file. After these highlights of the bill is the complete bill, with all my notes interspersed throughout it.



Sec. 275 Illegal Entry. (a)(2) Criminal Penalties. U.S. SENATE EXPECTS LESS THAN ONE THREE HUNDREDTH OF ITS AMBITIOUS INCARCERATION GOALS TO BE REACHED. First illegal entry, up to 6 months and $250 fine. Second, up to 2 years and $500. More if a real crime was committed. This applies to anyone caught here who may have lived here for decades. The great big glaring problem: we don’t have the jails to house 12 million illegals! We don’t even have the facilities for one million, without turning out real criminals.

The specter of actual enforcement really raises the stakes on how much we want to invest our national self esteem in a stupid law. Sure, if we found a million Iowans were lawbreakers for exceeding our new 5 mph speed limit on Interstate 80, we could either jump and down and whine that they broke the law, and make impractical resolutions to catch them all and put them all in jail – or we could raise the speed limit to a level no Christian should be ashamed of.

Sec. 233(a) provides for closed military bases to be converted to 20 “detention centers” housing 1,000 each! At that rate, even if each of our 12 million illegals were jailed for only 6 months, it would take 300 years for those 12 million to have their turn in one of those 20,000 cells! Obviously, even though this bill authorizes the arrest and detention of every single illegal already here, besides those still coming, there is no expectation in the Senate that more than one three hundredth of these ambitious goals will ever be reached!

 

 Sec. 101, 5202, VAST INCREASE IN USCIS STAFF: Additional personnel will not be necessary if you create a “line” wide enough for everyone to “get in”, by replacing arbitrarily low Numerical Limitations (quotas) with quality criteria. Almost all immigrants – the ones just wanting a chance for food and work – are highly motivated to be here legally, and will voluntarily come out of the shadows to sign up, freeing agents to go after the very few who still don’t sign up. If Congress can resist the temptation to increase bureaucracy by enforcing compliance with new categories of lawsuits, or new oversight of businesses, or new tracking of U.S. Citizens, relying on positive incentives, compliance can be achieved without new personnel, and an actual reduction of personnel may be possible.

 

 Minor point: Sec. 111, Surveillance Plan, create USCIS lobbyists, etc. Sec. 112, National Strategy: Do these sections actually enable the Department to do more planning than they are allowed to do already? Don’t these sections only calcify what is already being done? Just wondering.

Before we go on, here are some links to other articles to help you find your way back here:

Most current immigration articles:

Solutions

Border Security Border Security: A Simple, $-Saving, Fast, Positive, Surprising, Solid, Sweeping, Consummate Solution

Quotas: Illegal Immigration Quotas: Unconstitutional!

"S1348 Analysis" "Immigration Compromise": the whole bill, with translation and analysis

Plyler v. Doe, 457 U.S. 202 (1982) "Equal Protection of the Laws" for Illegal Children

Myths

"Amnesty!" Does anyone care what the word actually means?

"Get in WHAT Line?" Get in WHAT Line? For most, there IS no line!

Public Schools Public Schools aren't Free for ANYONE!"

"Hospitals" Emergency Hospital Care Averages $21 Per Illegal

The Legal Illegals PRUCOL: the Legal Illegals in Immigration Limbo

Welfare Illegals don't receive welfare, unless you redefine either "illegals" to include citizens or "welfare" to include schools and hospitals

Population Why God is not Stupid when He offers populations the blessing of multiplying

Rule of Law "Rule of Law"vs. God-Defying Legalism: how "Rule of Law" was defined by America's Founders

"The High Cost of Cheap Labor" Reviewed If the study hadn't counted citizens as "illegals", it woudld have concluded illegals contribute $10 billion MORE in taxes than they receive in "services"

Bible

"Moral" redefined "Moral Conservative" Redefined by Immigration

SS & Judgment Social Security: Rod of God's Judgment

"Mark of the Beast" Constructed by Immigraphobic Moral Conservatives Why God Cares: Why We Should  

MARK OF THE BEAST WATCH:

 EXPORTING TYRANNY! Sec. 113(3)(d), (e), and (g) even helps tyrannies develop their own national ID’s with biometric measures! We can argue that national tracking, here, though full of POTENTIAL for tyranny, will not actually lead to tyranny here as long as “our guys”, who won’t misuse the opportunity for power, are in the White House. But we can’t argue that for already tyrannical regimes. It should be clear that by not only sharing this technology but “pressuring” less free governments to use it, we will enable them to be more tyrannical, hence driving MORE of their citizens here, “illegally”, over our borders.

LIP SERVICE TO PRIVACY LAWS. Sec. 113b(4) gives lip service to “respect for privacy laws”, but obviously any law that requires additional tracking of citizens will require accommodation for that additional tracking in other laws.

MARK OF THE BEAST, IN GENERAL. Sec. 113, “Exchange of Information”, meaning Big Brother tracking technology: No, the tracking provided for here does not quite reach the degree of tracking reached by the Mark of the Beast in Revelation 13, which Revelation 14:9 says will send to Hell each and every one who takes it, which qualifies this as the most serious of any sin described in the Bible, of all human history. But if God is that concerned about the 100% genuine Mark of the Beast, will He smile upon Christian leaders who merely bring us to the 99% point of the Mark of the Beast? If simple reason does not answer this question to your satisfaction, a comparison of Numbers 1 with 1 Chronicles 1 and 2 Samuel 24 will. Moses conducted 2 censuses of the people, with God’s blessing, and at God’s direction. David conducted one, and 70,000 people died by pestilence for David’s sin, of which he repented, and before which he was warned against so great a sin.

Why the difference? Moses made everyone, rich or poor, bring the equivalent of perhaps $100, and the $100 bills were counted. It was done in a single day: 12 men, one for each tribe, counted the money. He just sat at a card table and counted while the whole population – something like 100,000 per tribe – filed past, depositing their money. That’s about one bill per second, so that the project was finished in one day. God explained that the money was a ransom for souls, so that no pestilence might fall upon the people.

By contrast, David sent his army all across Israel, and no money was counted – no ransom was paid – proved by the fact that pestilence claimed 70,000 souls. So if money wasn’t counted, what was? A census has to count something that can be rechecked if there is a question. Names and addresses can be rechecked, so that is what the army must have counted, and that is what alarmed God enough to skew the census results with a pestilence.

The lesson? The common thread with the Mark of the Beast? Tyranny occurs to the extent a central government knows where to find each and every citizen, making rebellion almost impossible. Under God’s plan, tribal leaders and sub-leaders knew where each citizen was, and made sure they showed up, but the central government did not know. That would be like precinct leaders today making sure everyone in the precinct shows up, but not passing to the federal census the names and addresses of everyone. Census results not only informed military leaders of their potential resources, but determined judicial districts, just like census results today determine Congressional and state legislative districts. Precinct leaders today would be highly motivated to get everyone to show up, because they want as high a census count as possible for the hope of getting another congressman for their state, and to share their state lawmaker with as few other precincts as possible.

Yes, God cares about our freedom. So much so that when we see glitches in our tracking technology, or even catastrophes taking many lives which throw off government trackers, it may be God protecting our freedom.

THE STUPIDITY OF DEFYING GOD.

The tragedy of this rush to throw away our freedoms to Hell is that it is totally unnecessary for the goal of securing our borders, if we will just follow the rest of God’s immigration policy. Getting rid of arbitrarily low Numerical Limitations (quotas), and replacing them with quality criteria, so that when we tell immigrants to “get in line like everybody else” there will actually be a line for them to get in, will cause 99% of immigrants to indeed get in line, voluntarily, leaving the USCIS bureaucracy free to chase the 1% who are real criminals and terrorists.

But wouldn’t biometric ID cards help apprehend the 1% of real criminals and terrorists?

The first answer for a Bible believer must always be that when a Bible believing U.S. Congressman paves the way for the greatest crime of all human history, as identified by God, in order to locate criminals and terrorists, who are the “real criminals and terrorists”?

But the second answer is the one that makes disobeying God just plain foolish. It is to point out that the “real criminals and terrorists” have the money to be the last ones captured anyway.

First, because they are funded by crime and terrorists, they have little occasion to ever present their phony ID’s. They use cash. They don’t have honest jobs. They don’t have paychecks with Social Security taxes withheld.

Second, because their money enables them to acquire top quality phony ID’s.

Third, because their networks help them navigate around the situations where they will need to expose their ID’s to anyone.

Because of these obvious realities, the defacto primary targets of national tracking schemes will always be the most honest of citizens, who will suffer loss of freedom of movement, risk of terror from their own government, and before that, individual moments of terror when technological and human errors cause their biometric cards to categorize them incorrectly.

 Sec. 135d(2) NO NATIONAL ID CARD?! YEAH RIGHT! This section, after expanding the use of the coming “Real ID” driver’s license (division B of Public Law 109-13; 49 U.S.C. 30301 note) to include letting citizens back in the U.S. from abroad instead of a passport, in a “pilot program”, assures us, “Nothing in this subsection shall have the effect of creating a national identity card.”

What kind of word game is this? Is someone saying the Real ID license is not already a “national identity card”? If so, I would like to know what the Real ID card does not accomplish for Hell, that a “national identity card” would.

The following section, (3), allows the Dept of Homeland Security to expand this “pilot program” without limitation, theoretically to the whole United States, turning the Real ID Card into not only a national ID card but an international, worldwide passport.

(5) even pours pressure on Canada to create the same Real ID Card that we will have, turning the Real ID card into an international ID card and worldwide passport.



Subtitle D--Border Law Enforcement Relief Act, Sec. 142, Findings. And Sec. 143, ...Grant Program.

The logic of these “findings”: because crimes by immigrants occur disproportionately in the poor counties along the border, huge federal grants to them are necessary.

The folly of using these facts to justify huge tax outlays is illustrated by a 5 mph speed limit on an interstate. OF COURSE the Highway Patrol staff would have to increase 50-fold. In fact, we can make a proverb out of this principle: “The stupider the law, the greater the police bureaucracy required to enforce it.”



Sec. 274a(D-F) could put many Christians in jail.

(D) makes it a crime to “encourage” someone to live here whom you “know” is here illegally. “Encourage” is not defined. Does it include being friendly? Inviting him to a church fellowship? Imagine the burden in Court of disproving that you “knew” he was illegal! Actually this makes you a criminal even if you didn’t “know” he was illegal, if you are “in reckless disregard of the fact” that he is illegal. What does THAT mean? More importantly, what COULD that mean to a judge?

(E) makes it a crime to give someone a ride who is illegal, again even if you don’t even know he is. (3)(B) exempts giving a ride to a place where the illegal can receive necessities, such as food or shelter, but if you give someone a ride for any other purpose, such as to work, (which would “further the alien’s ...illegal presence in the United States”), or just pick up a hitchhiker where you have no idea who he is or where he is going, you could go to jail for several years, and have your worldly assets seized.

(3)(B) says you can offer “humanitarian assistance”, including “housing”. But (F) makes it a crime to give a homeless illegal a place to stay, again even if you don’t even know he is. If you “harbor, conceal, or shield from detection”. Of course if you let him in your homeless shelter, or in your home, you will indirectly shield him from the risk of detection he would face out on the street corner. I can’t tell what (3)(B) permits, which (F) does not prohibit, and I wonder if courts will be able to tell.

The evidence acceptable to establish whether the illegal is illegal is complicated enough that I would be horrified to be held responsible for verifying all that documentation before I help someone! Anyone very familiar with USCIS bureaucracy knows the USCIS takes years just to decide whether someone is here illegally! They can’t even decide – and if you try talking with them you face an hours-long line just like everybody else – even if someone I help has an opinion either way whether he is here legally, how can anyone be sure? This very uncertainty is presumably why this bill frequently underscores the lack of jurisdiction over immigration of local and state police. If local and state police can’t even be trusted to apprehend someone they “know” is illegal, because it is so hard to really “know”, how dare you place a legal burden on ME, just for obeying Jesus!

Of course all these problems will evaporate once we stop defining an honest job, and supporting a family, as a “crime” if it is one of 12 million particular U.S. residents. No Christian, or Christian organization, I do not think, will make a practice of housing known real criminals, once the specter of labeling honest hard working people as “illegal” has passed.



SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

One benefit of a Godly immigration policy would be that the huge background check bureaucracy provided for in this section would not be necessary. Christian organizations could, and would be motivated to, assist the USCIS rather than obstruct it. Especially if their help were accepted in processing background checks on immigrant applicants.

An example of such a scenario would be allowing immigrant applicants to get character references, recorded as an affidavit, or videotape, from (1) State Department employees abroad who know the applicant; (2) missionaries who know the applicant; or (3) U.S. citizens who know the applicant. Testimony could include that the witness has done a criminal background check on the applicant, in such records as are available, and found a clean record.

Experience would guide the Department in weighting various witnesses appropriately, not taking any single evidence as conclusive. The Department could also track the credibility of the various individual witnesses, according to how many applicants they sign for and what percentage of them turn out to be criminals.

The legitimate concern of the Department would be to document that the applicant has no record of real crimes, and no terrorist connections. This kind of service would not completely replace USCIS staff background checks, but would greatly reduce their load.

`SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

(c)(1)(A) tells what records the employer has to keep of the documentation that each person he hires is legal, if he doesn’t want a $5,000 fine and 3 years in jail! This is truly frightening to me, a mom and pop music store owner who used to have 10 employees but now am afraid to hire anyone, for fear that some stupid federal requirement I cannot possibly find the time to learn about will close down my business! No wonder U.S. factories flee to Mexico!

I also shudder at the Big Brotherism of the Electronic Employment Verification System. Our current national databases are riddled with errors, to the extent that even the Social Security database knows of 800,000 workers who all use the same phony social security number found on instructions how to use the card illustrated an example card with the number 123-45-6789!

That’s right, 800,000 U.S. workers who needed a phony Social Security card saw one of those examples, photocopied it, and went out and got a job with it!

But this plan has an impressive procedure for updating our national databases. Every time someone changes a job, they will have to check with that database, and where there is an error, the worker will have to submit evidence to correct it, if he wants to continue working.

I shudder at this giant increase in national tracking, the culmination of which is the greatest sin of all human history, the only sin of which Revelation says that each and every participant in it will go to Hell.

I also shudder at the legal burdens imposed on ordinary innocent Americans to prove the obvious to bureaucrats who may be slow to wrap their minds around mere evidence. The time, expense, and intimidation caused by errors in this system will cause citizens to lose jobs, and possibly face deportation or at least a lot of legal hassle before his citizenship can be proved in court.

I don’t mean to suggest Americans won’t get used to the hassle of being tracked so closely. People easily get used to tyranny, as the Declaration of Independence explains. Russians even got used to Communism! (The ones that survived.) But that doesn’t change the fact that freedom is lost, and God cares.

Even the provisions of this bill contemplate “administrative review” and “judicial review” of errors causing lost jobs which go on for months! See (d)(10) and (11). (d)(12)(B) warns us to also expect some people to get access to this database to commit identity fraud. (If that weren’t a realistic concern, why are penalties for it prescribed?)

(d)(12)(C) hands a copy of the database over to the IRS, which is not known for accuracy either, or for responsibly using the information it has.

(e) spells out the legal witch hunt for offending employers. (e)(4) sets penalties between $200 and $6,000 for EACH MISTAKE. Not counting restraining orders and criminal convictions. (e)(5) if the employer appeals to U.S. District Court, “the burden shall be on the employer to show”, not that he is innocent – who cares about that - but “that the final determination was not supported by substantial evidence.”

The fact that such draconion business-busting penalties and court battles are addressed in this bill shows that we are not paranoid to expect that this Electronic Employment Verification System will put many businesses out of business.





`SEC. 218B. EMPLOYER OBLIGATIONS. Small employers are blown out of the 218B waters by requirements that they can’t just meet someone they get along with and hire them, but must, at least 90 days before hiring, advertise with several job placement organizations for a citizen worker, and then only if some jobs remain open after all willing citizens have applied may he hire a noncitizen.



LAWYER WELFARE PROVISIONS.

(i) employers can be sued for this amazing this-sure-never-was-a-crime-in-the-Bible: the “aggrieving” of “a worker whose job, wages, or working conditions are adversely affected by the violation”. Sec. 218A(n)(1)(A)

Does that mean an orange picker who got $8 an hour during a frost scare, and who doesn’t want to work for the regular $7 an hour, can sue his former employer for hiring immigrants at $7, blaming the availability of immigrants on the fact that he can’t get $8 an hour any more? What does it mean? The bill has a procedure for establishing a “prevailing wage” which employers must pay, so I don’t understand how an employer could be sued for paying too little, but apparently they can because 218B(i) provides for them to be sued. The maximum penalty: “$35,000 per violation per affected worker”, 218B(j)(2)(B)(iii). Plus 6 months in jail, 218B(j)(4)

Title V Backlog Reduction

SEC. 501. ELIMINATION OF EXISTING BACKLOGS.



What an ironic title, since backlogs result from trying to decide what to do with the millions of applications for which there are only thousands of slots. I think the routine is to put the excess in next year’s line. And the year after that, etc. So the system is built upon shuffling applicants to future years.

NOTHING in this bill provides any incentive to process applications any faster. There is NO guidance to the USCIS how to work any faster. Arbitrarily, absurdly low quotas ensure nothing will change.

So I guess the burden falls upon me to tell the USCIS and the Senate how to do it.

1. Replace Numerical Limitations, which don’t even get us the BEST applicants but just the FIRST IN LINE, with reasonable but quality criteria. Creating a line long enough to get it will cause 99% of existing illegals to get in line, and will stop 99% of illegal border crossings because immigrants will prefer a chance in the line.

2. Make the criteria objectively measurable so immigrants will have confidence in its fairness, and make it machine gradable to minimize USCIS staff time processing them.

3. Solicit help with background checks from charitable organizations, as I discussed before, leaving USCIS staff to oversee the process, without having to do all the legwork from scratch.

4. Require applicants in the U.S. to report frequently enough to the USCIS that the USCIS will be able to easily find them for deportation if they fail to meet the criteria before a deadline.

5. Allow those who fail to try again later. This will make them more willing to accept deportation, rather than have a blot on their record which will ruin their chances later. (There is no fear of blots now because for most, there is no line left for them to get in anyway.)

6. Make the forms simple enough that lawyers are not necessary, and with the reduced workload looking for 12 million shadow dwellers, let the USCIS agents become available enough to answer questions, so that applicants can fill out their own forms, perhaps with help from charitable organizations.

Do these things, and the workload will lighten, the real criminals and terrorists will be much more exposed, you won’t need national databases because workers will be signed up to work legally for a limited time.

SEC. 643. STRENGTHENING AMERICAN CITIZENSHIP. Grants to help citizenship applicants learn English, for example. Not necessary to pay them, if you just reward them for learning by letting them in line. They will pay themselves, and they will learn.

But – create criteria not just for citizenship, but also for Legal Permanent Residence.





SEC. 645. ADDRESSING POVERTY IN MEXICO. So we need to give Mexican government thugs money to build schools, etc., that will make people too smart to be poor? Here’s a cheaper idea: get the USCIS out of the business of tracking 12 million honest workers, so they can get those forms processed in a month instead of a generation, and then when workers send their money back home they will send political knowledge with it, since they will become citizens in less than 2 generations – while their families back home are still alive!

What a powerful combination for reforming Mexico: money, and political knowledge, sent to Mexican families! Watch them use this to reform their own government into a government that does not drive its own citizens away!



I was surprised and pleased to see the following:



`CHAPTER 6--LANGUAGE OF THE GOVERNMENT OF THE UNITED STATES



These are great criteria for citizenship: make them the criteria for LPR, instead of numerical limitations.

Before you plough in the bill itself, here are some links to get back to other articles:

Most current immigration articles:

Solutions

Border Security Border Security: A Simple, $-Saving, Fast, Positive, Surprising, Solid, Sweeping, Consummate Solution

Quotas: Illegal Immigration Quotas: Unconstitutional!

"S1348 Analysis" "Immigration Compromise": the whole bill, with translation and analysis

Plyler v. Doe, 457 U.S. 202 (1982) "Equal Protection of the Laws" for Illegal Children

Myths

"Amnesty!" Does anyone care what the word actually means?

"Get in WHAT Line?" Get in WHAT Line? For most, there IS no line!

Public Schools Public Schools aren't Free for ANYONE!"

"Hospitals" Emergency Hospital Care Averages $21 Per Illegal

The Legal Illegals PRUCOL: the Legal Illegals in Immigration Limbo

Welfare Illegals don't receive welfare, unless you redefine either "illegals" to include citizens or "welfare" to include schools and hospitals

Population Why God is not Stupid when He offers populations the blessing of multiplying

Rule of Law "Rule of Law"vs. God-Defying Legalism: how "Rule of Law" was defined by America's Founders

"The High Cost of Cheap Labor" Reviewed If the study hadn't counted citizens as "illegals", it woudld have concluded illegals contribute $10 billion MORE in taxes than they receive in "services"

Myths

"Moral" redefined "Moral Conservative" Redefined by Immigration

SS & Judgment Social Security: Rod of God's Judgment

"Mark of the Beast" Constructed by Immigraphobic Moral Conservatives Why God Cares: Why We Should

The Bill: S1348

SEC. 766. REQUIREMENTS FOR NATURALIZATION.







Tuesday May 22, 2007

http://www.reuters.com/article/politicsNews/idUSN2247203420070522



By Donna Smith

WASHINGTON (Reuters) - A fragile immigration pact in the U.S. Senate withstood its first major test on Tuesday as lawmakers overwhelmingly rejected a Democratic effort to torpedo the guest worker program that has drawn fire from unions and Hispanic groups.

The Senate voted 64-31 against the first of what is expected to be many challenges to the bipartisan deal that ties tough border security and work place enforcement measures to the guest worker program and a plan to legalize an estimated 12 million illegal immigrants.

The opening salvo came in an amendment by Democratic Sens. Byron Dorgan of North Dakota and Barbara Boxer of California who said the program would create an underclass of cheap laborers with few rights.

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"This is a cave in for the big economic interests that want to import more cheap labor into our work force," Dorgan said of the plan to let at least 400,000 temporary work visas each year.

The amendment would have stripped the guest worker program from the broad immigration legislation being debated by the U.S. Senate. Others also plan amendments aimed at limiting the program that businesses say is needed to fill jobs Americans cannot or will not do.

The compromise brokered between the White House and a bipartisan group of senators has already drawn criticism from many quarters and its fate in the Senate is uncertain with debate now expected to last weeks, not days as originally envisioned.

Conservative Republicans also oppose the legalization program saying it rewards people who broke U.S. laws.

The bill also been criticized for placing new limits on family-based immigration and creating a point system for future immigrants. 

In the face of mounting opposition, Senate Majority Leader Harry Reid, a Nevada Democrat, put off a final Senate vote on the bill until June after lawmakers return from a break next week for Memorial Day.

Supporters say the influx of millions of illegal workers has depressed wages and the temporary worker program includes wage protections for workers while creating a legal way for employers to meet their needs.

But unions want to include a way for guest workers to become permanent residents. An immigration bill passed by the Senate last year but never considered by the U.S. House of Representatives included a path to citizenship for guest workers.

 



ALL ACTIONS:

5/9/2007:
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
5/10/2007:
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 144.
5/11/2007:
Sponsor introductory remarks on measure. (CR S6007-6008)
5/14/2007:
Motion to proceed to consideration of measure made in Senate. (consideration: CR S6077)
5/14/2007:
Cloture motion on the motion to proceed presented in Senate. (consideration: CR S6077)
5/14/2007:
Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S6077)
5/21/2007:
Motion to proceed to measure considered in Senate.
5/21/2007:
Cloture on the motion to proceed invoked in Senate by Yea-Nay Vote. 69 - 23. Record Vote Number: 173.
5/21/2007:
Motion to proceed to consideration of measure agreed to in Senate by Unanimous Consent. (consideration: CR S6362-6389)
5/21/2007:
Measure laid before Senate by motion.




S 1348 PCS

Calendar No. 144

110th CONGRESS

1st Session

S. 1348

To provide for comprehensive immigration reform and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 9, 2007

Mr. REID (for himself, Mr. LEAHY, Mr. KENNEDY, Mr. MENENDEZ, and Mr. SALAZAR) introduced the following bill; which was read the first time

May 10, 2007

Read the second time and placed on the calendar


A BILL

To provide for comprehensive immigration reform and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

Subtitle B--Border Security Plans, Strategies, and Reports

Subtitle C--Other Border Security Initiatives

Subtitle D--Border Law Enforcement Relief Act

Subtitle E--Rapid Response Measures

TITLE II--INTERIOR ENFORCEMENT

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

Subtitle A--Temporary Guest Workers

Subtitle B--Immigration Injunction Reform

TITLE V--BACKLOG REDUCTION

Subtitle A--Backlog Reduction

Subtitle B--SKIL Act of 2007

Subtitle C--Preservation of Immigration Benefits for Hurricane Katrina Victims

TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED INDIVIDUALS

Subtitle A--Access to Earned Adjustment and Mandatory Departure and Reentry

Subtitle B--Agricultural Job Opportunities, Benefits, and Security

Chapter 1--Pilot Program for Earned Status Adjustment of Agricultural Workers

Chapter 2--Reform of H-2A Worker Program

Chapter 3--Miscellaneous Provisions

Subtitle C--DREAM Act of 2007

Subtitle D--Programs To Assist Nonimmigrant Workers

TITLE VII--MISCELLANEOUS

Subtitle A--Immigration Litigation Reduction

Chapter 1--Appeals and Review

Chapter 2--Immigration Review Reform

Subtitle B--Citizenship Assistance for Members of the Armed Services

Subtitle C--State Court Interpreter Grant Program

Subtitle D--Border Infrastructure and Technology Modernization

Subtitle E--Family Humanitarian Relief

Subtitle F--Other Matters

TITLE VIII--INTERCOUNTRY ADOPTION REFORM

Subtitle A--Administration of Intercountry Adoptions

Subtitle B--Reform of United States Laws Governing Intercountry Adoptions

Subtitle C--Enforcement

SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

SEC. 3. DEFINITIONS.

SEC. 4. SEVERABILITY.

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

Sec. 101, 5202: Additional personnel will not be necessary if you create a “line” wide enough for everyone to “get in”, by replacing arbitrarily low Numerical Limitations (quotas) with quality criteria. Almost all immigrants – the ones just wanting a chance for food and work – are highly motivated to be here legally, and will voluntarily come out of the shadows to sign up, freeing agents to go after the very few who still don’t sign up. If Congress can resist the temptation to increase bureaucracy by enforcing compliance with new categories of lawsuits, or new oversight of businesses, or new tracking of U.S. Citizens, relying on positive incentives, compliance can be achieved without new personnel, and an actual reduction of personnel may be possible.

`SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

SEC. 102. TECHNOLOGICAL ASSETS.

SEC. 103. INFRASTRUCTURE.

SEC. 104. BORDER PATROL CHECKPOINTS.

SEC. 105. PORTS OF ENTRY.

SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE BARRIERS.

Subtitle B--Border Security Plans, Strategies, and Reports

Sec. 111, surveillance Plan, Sec. 112, National Strategy: Do these sections actually enable the Department to do more planning than they are allowed to do already? Don’t these sections only calcify what is already being done? Just wondering.

SEC. 111. SURVEILLANCE PLAN.

SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

EXPORTING TYRANNY! Sec. 113(3)(d), (e), and (g) even helps tyrannies develop their own national ID’s with biometric measures! We can argue that national tracking, here, though full of POTENTIAL for tyranny, will not actually lead to tyranny here as long as “our guys”, who won’t misuse the opportunity for power, are in the White House. But we can’t argue that for already tyrannical regimes. It should be clear that by not only sharing this technology but “pressuring” less free governments to use it, we will enable them to be more tyrannical, hence driving MORE of their citizens here, “illegally”, over our borders.



LIP SERVICE TO PRIVACY LAWS. Sec. 113b(4) gives lip service to “respect for privacy laws”, but obviously any law that requires additional tracking of citizens will require accommodation for that additional tracking in other laws.

MARK OF THE BEAST, IN GENERAL. Sec. 113, “Exchange of Information”, meaning Big Brother tracking technology: No, the tracking provided for here does not quite reach the degree of tracking reached by the Mark of the Beast in Revelation 13, which Revelation 14:9 says will send to Hell each and every one who takes it, which qualifies this as the most serious of any sin described in the Bible, of all human history. But if God is that concerned about the 100% genuine Mark of the Beast, will He smile upon Christian leaders who merely bring us to the 99% point of the Mark of the Beast? If simple reason does not answer this question to your satisfaction, a comparison of Numbers 1 with 1 Chronicles 1 and 2 Samuel 24 will. Moses conducted 2 censuses of the people, with God’s blessing, and at God’s direction. David conducted one, and 70,000 people died by pestilence for David’s sin, of which he repented, and before which he was warned against so great a sin.

Why the difference? Moses made everyone, rich or poor, bring the equivalent of perhaps $100, and the $100 bills were counted. It was done in a single day: 12 men, one for each tribe, counted the money. He just sat at a card table and counted while the whole population – something like 100,000 per tribe – filed past, depositing their money. That’s about one bill per second, so that the project was finished in one day. God explained that the money was a ransom for souls, so that no pestilence might fall upon the people.

By contrast, David sent his army all across Israel, and no money was counted – no ransom was paid – proved by the fact that pestilence claimed 70,000 souls. So if money wasn’t counted, what was? A census has to count something that can be rechecked if there is a question. Names and addresses can be rechecked, so that is what the army must have counted, and that is what alarmed God enough to skew the census results with a pestilence.

The lesson? The common thread with the Mark of the Beast? Tyranny occurs to the extent a central government knows where to find each and every citizen, making rebellion almost impossible. Under God’s plan, tribal leaders and sub-leaders knew where each citizen was, and made sure they showed up, but the central government did not know. That would be like precinct leaders today making sure everyone in the precinct shows up, but not passing to the federal census the names and addresses of everyone. Census results not only informed military leaders of their potential resources, but determined judicial districts, just like census results today determine Congressional and state legislative districts. Precinct leaders today would be highly motivated to get everyone to show up, because they want as high a census count as possible for the hope of getting another congressman for their state, and to share their state lawmaker with as few other precincts as possible.

Yes, God cares about our freedom. So much so that when we see glitches in our tracking technology, or even catastrophes taking many lives which throw off government trackers, it may be God protecting our freedom.

SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH AMERICAN SECURITY.

SEC. 114. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

If we can’t slow it down here, how are we going to show them how to stop it?

SEC. 115. COMBATING HUMAN SMUGGLING.

SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER.

SEC. 117. COOPERATION WITH THE GOVERNMENT OF MEXICO.

Subtitle C--Other Border Security Initiatives

SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

SEC. 122. SECURE COMMUNICATION.

SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.

SEC. 124. US-VISIT SYSTEM.

SEC. 125. DOCUMENT FRAUD DETECTION.

With 800,000 people currently using the phony Social Security number 123-45-6789, this seems like an exercise in futility.

SEC. 126. IMPROVED DOCUMENT INTEGRITY.

SEC. 127. CANCELLATION OF VISAS.

SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

SEC. 129. BORDER STUDY.

SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN PORTS OF ENTRY.

SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.

`Sec. 556. Evasion of inspection or during violation of arrival, reporting, entry, or clearance requirements

SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND BORDER OF THE UNITED STATES.

SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES TO SERVE IN UNITED STATES CUSTOMS AND BORDER PROTECTION.

SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.

Sec. 135d(2) NO NATIONAL ID CARD?! YEAH RIGHT! This section, after expanding the use of the coming “Real ID” driver’s license (division B of Public Law 109-13; 49 U.S.C. 30301 note) to include letting citizens back in the U.S. from abroad instead of a passport, in a “pilot program”, assures us, “Nothing in this subsection shall have the effect of creating a national identity card.”

What kind of word game is this? Is someone saying the Real ID license is not already a “national identity card”? If so, I would like to know what the Real ID card does not accomplish for Hell, that a “national identity card” would.

The following section, (3), allows the Dept of Homeland Security to expand this “pilot program” without limitation, theoretically to the whole United States, turning the Real ID Card into not only a national ID card but an international, worldwide passport.

(5) even pours pressure on Canada to create the same Real ID Card that we will have, turning the Real ID card into an international ID card and worldwide passport.

Subtitle D--Border Law Enforcement Relief Act

SEC. 141. SHORT TITLE.

SEC. 142. FINDINGS.

Subtitle D--Border Law Enforcement Relief Act, Sec. 142, Findings. And Sec. 143, ...Grant Program.

The logic of these “findings”: because crimes by immigrants occur disproportionately in the poor counties along the border, huge federal grants to them are necessary.

The folly of using these facts to justify huge tax outlays is illustrated by a 5 mph speed limit on an interstate. OF COURSE the Highway Patrol staff would have to increase 50-fold. In fact, we can make a proverb out of this principle: “The stupider the law, the greater the police bureaucracy required to enforce it.”

SEC. 143. BORDER RELIEF GRANT PROGRAM.

SEC. 144. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

Subtitle E--Rapid Response Measures

SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS.

SEC. 152. BORDER PATROL MAJOR ASSETS.

SEC. 153. ELECTRONIC EQUIPMENT.

SEC. 154. PERSONAL EQUIPMENT.

SEC. 155. AUTHORIZATION OF APPROPRIATIONS.

TITLE II--INTERIOR ENFORCEMENT

SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.

`SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF CERTAIN ALIENS WHO ENTERED THE UNITED STATES PRIOR TO JANUARY 1, 1972.

SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.

`(aa) the release of the alien would threaten the safety of the community or any person, and conditions of release cannot reasonably be expected to ensure the safety of the community or any person; and

`(bb) the alien--

`(AA) has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)(A)), or of 1 or more attempts or conspiracies to commit any such aggravated felonies for an aggregate term of imprisonment of at least 5 years; or

`(BB) has committed a crime of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) and, because of a mental condition or personality disorder and behavior associated with that condition or disorder, is likely to engage in acts of violence in the future; or

`(aa) the release of the alien would threaten the safety of the community or any person, notwithstanding conditions of release designed to ensure the safety of the community or any person; and

`(bb) the alien has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)) for which the alien was sentenced to an aggregate term of imprisonment of not less than 1 year.

SEC. 203. AGGRAVATED FELONY.

SEC. 204. TERRORIST BARS.

SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE, REMOVAL, AND ALIEN SMUGGLING.

`SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.

Sec. 274a(D-F) could put many Christians in jail.

(D) makes it a crime to “encourage” someone to live here whom you “know” is here illegally. “Encourage” is not defined. Does it include being friendly? Inviting him to a church fellowship? Imagine the burden in Court of disproving that you “knew” he was illegal! Actually this makes you a criminal even if you didn’t “know” he was illegal, if you are “in reckless disregard of the fact” that he is illegal. What does THAT mean? More importantly, what COULD that mean to a judge?

(E) makes it a crime to give someone a ride who is illegal, again even if you don’t even know he is. (3)(B) exempts giving a ride to a place where the illegal can receive necessities, such as food or shelter, but if you give someone a ride for any other purpose, such as to work, (which would “further the alien’s ...illegal presence in the United States”), or just pick up a hitchhiker where you have no idea who he is or where he is going, you could go to jail for several years, and have your worldly assets seized.

(3)(B) says you can offer “humanitarian assistance”, including “housing”. But (F) makes it a crime to give a homeless illegal a place to stay, again even if you don’t even know he is. If you “harbor, conceal, or shield from detection”. Of course if you let him in your homeless shelter, or in your home, you will indirectly shield him from the risk of detection he would face out on the street corner. I can’t tell what (3)(B) permits, which (F) does not prohibit, and I wonder if courts will be able to tell.

SEC. 206. ILLEGAL ENTRY.

`SEC. 275. ILLEGAL ENTRY.

Sec. 275 Illegal Entry. (a)(2) Criminal Penalties. First illegal entry, up to 6 months and $250 fine. Second, up to 2 years and $500. More if a real crime was committed. This applies to anyone caught here who may have lived here for decades. The great big glaring problem: we don’t have the jails to house 12 million illegals! We don’t even have the facilities for one million, without turning out real criminals.

The specter of actual enforcement really raises the stakes on how much we want to invest our national self esteem in a stupid law. Sure, if we found a million Iowans were lawbreakers for exceeding our new 5 mph speed limit on Interstate 80, we could either jump and down and whine that they broke the law, and make impractical resolutions to catch them all and put them all in jail – or we could raise the speed limit to a level no Christian should be ashamed of.



SEC. 207. ILLEGAL REENTRY.

`SEC. 276. REENTRY OF REMOVED ALIENS.

SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

`CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD

`Sec. 1541. Trafficking in passports

`Sec. 1542. False statement in an application for a passport

`Sec. 1543. Forgery and unlawful production of a passport

`Sec. 1544. Misuse of a passport

`Sec. 1545. Schemes to defraud aliens

`Sec. 1546. Immigration and visa fraud

`Sec. 1547. Marriage fraud

`Sec. 1548. Attempts and conspiracies

`Sec. 1549. Alternative penalties for certain offenses

`Sec. 1550. Seizure and forfeiture

`Sec. 1551. Additional jurisdiction

`Sec. 1552. Additional venue

`Sec. 1553. Definitions

`Sec. 1554. Authorized law enforcement activities

`Sec. 1555. Exception for refugees, asylees, and other vulnerable persons

--1541'.

SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION FRAUD OFFENSES.

SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED STATES UNLAWFULLY.

SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF FIREARMS BY CERTAIN ALIENS.

SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, NATURALIZATION, AND PEONAGE OFFENSES.

`Sec. 3291. Immigration, naturalization, and peonage offenses

SEC. 215. DIPLOMATIC SECURITY SERVICE.

SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

One benefit of a Godly immigration policy would be that the huge background check bureaucracy provided for in this section would not be necessary. Christian organizations could, and would be motivated to, assist the USCIS rather than obstruct it. Especially if their help were accepted in processing background checks on immigrant applicants.

An example of such a scenario would be allowing immigrant applicants to get character references, recorded as an affidavit, or videotape, from (1) State Department employees abroad who know the applicant; (2) missionaries who know the applicant; or (3) U.S. citizens who know the applicant. Testimony could include that the witness has done a criminal background check on the applicant, in such records as are available, and found a clean record.

Experience would guide the Department in weighting various witnesses appropriately, not taking any single evidence as conclusive. The Department could also track the credibility of the various individual witnesses, according to how many applicants they sign for and what percentage of them turn out to be criminals.

The legitimate concern of the Department would be to document that the applicant has no record of real crimes, and no terrorist connections. This kind of service would not completely replace USCIS staff background checks, but would greatly reduce their load.

SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

SEC. 217. CONSTRUCTION.

`SEC. 362. CONSTRUCTION.

SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS.

SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL LANDS.

SEC. 221. ALTERNATIVES TO DETENTION.

SEC. 222. CONFORMING AMENDMENT.

SEC. 223. REPORTING REQUIREMENTS.

SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

SEC. 225. REMOVAL OF DRUNK DRIVERS.

SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.

SEC. 227. EXPEDITED REMOVAL.

SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.

`SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.

SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS.

SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.

SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS.

SEC. 233. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF THE DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.

SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED WITH FEDERAL OFFENSES.

SEC. 235. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER SYSTEM.

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

`SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

`SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

(c)(1)(A) tells what records the employer has to keep of the documentation that each person he hires is legal, if he doesn’t want a $5,000 fine and 3 years in jail! This is truly frightening to me, a mom and pop music store owner who used to have 10 employees but now am afraid to hire anyone, for fear that some stupid federal requirement I cannot possibly find the time to learn about will close down my business! No wonder U.S. factories flee to Mexico!

I also shudder at the Big Brotherism of the Electronic Employment Verification System. Not only the tyranny we risk by allowing government to track every employee, but the horrible errors with which such a system will ruin so many lives. Look: errors in this system will cause citizens to lose jobs, and possibly face deportation or at least a lot of legal hassle before his citizenship can be proved in court! But are there errors this huge? Apparently, according to Jay Heine, managing Senator Brownback’s Iowa campaign, who told me that even the Social Security database knows of 800,000 workers who all use the same phony social security number found on instructions how to use the card illustrated an example card with the number 123-45-6789!

That’s right, 800,000 U.S. workers who needed a phony Social Security card saw one of those examples, photocopied it, and went out and got a job with it!

So now the U.S. Senate wants me to believe we can create an Electronic Employment Verification System accurate enough to entrust our careers to? My advice to every U.S. Senator: if you are defeated at the polls, live off your pension! Don’t risk a job application!



SEC. 302. EMPLOYER COMPLIANCE FUND.

SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.

SEC. 304. CLARIFICATION OF INELIGIBILITY FOR MISREPRESENTATION.

SEC. 305. ANTIDISCRIMINATION PROTECTIONS.

TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

Subtitle A--Temporary Guest Workers

SEC. 401. IMMIGRATION IMPACT STUDY.

SEC. 402. NONIMMIGRANT TEMPORARY WORKER.

SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY GUEST WORKERS.

`SEC. 218A. ADMISSION OF H-2C NONIMMIGRANTS.

SEC. 404. EMPLOYER OBLIGATIONS.

`SEC. 218B. EMPLOYER OBLIGATIONS.

`(aa) is a person who has been refused issuance or renewal of a certificate;

`(bb) has had a certificate suspended or revoked; or

`(cc) does not qualify for a certificate under this paragraph; or

SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

`SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

SEC. 406. RULEMAKING; EFFECTIVE DATE.

SEC. 407. RECRUITMENT OF UNITED STATES WORKERS.

SEC. 408. TEMPORARY GUEST WORKER VISA PROGRAM TASK FORCE.

SEC. 409. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

SEC. 410. S VISAS.

SEC. 411. L VISA LIMITATIONS.

SEC. 412. COMPLIANCE INVESTIGATORS.

SEC. 413. VISA WAIVER PROGRAM EXPANSION.

SEC. 414. AUTHORIZATION OF APPROPRIATIONS.

Subtitle B--Immigration Injunction Reform

SEC. 421. SHORT TITLE.

SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

SEC. 423. EFFECTIVE DATE.

TITLE V--BACKLOG REDUCTION

Subtitle A--Backlog Reduction

SEC. 501. ELIMINATION OF EXISTING BACKLOGS.

SEC. 502. COUNTRY LIMITS.

SEC. 503. ALLOCATION OF IMMIGRANT VISAS.

SEC. 504. RELIEF FOR MINOR CHILDREN AND WIDOWS.

SEC. 505. SHORTAGE OCCUPATIONS.

SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.

`(aa) for whom no parent or legal guardian is able to provide adequate care;

`(bb) who faces a credible fear of harm related to his or her age;

`(cc) who lacks adequate protection from such harm; and

`(dd) for whom it has been determined to be in his or her best interests to be admitted to the United States; or

`(aa) a credible fear of harm related to her sex; and

`(bb) a lack of adequate protection from such harm.'.

SEC. 507. STUDENT VISAS.

SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

SEC. 509. CHILDREN OF FILIPINO WORLD WAR II VETERANS.

SEC. 510. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS OF EXTRAORDINARY ARTISTIC ABILITY.

SEC. 511. POWERLINE WORKERS.

SEC. 512. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.

Subtitle B--SKIL Act of 2007

SEC. 521. SHORT TITLE.

SEC. 522. H-1B VISA HOLDERS.

SEC. 523. MARKET-BASED VISA LIMITS.

SEC. 524. UNITED STATES EDUCATED IMMIGRANTS.

SEC. 525. STUDENT VISA REFORM.

SEC. 526. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.

SEC. 527. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

SEC. 528. STREAMLINING THE ADJUDICATION PROCESS FOR ESTABLISHED EMPLOYERS.

SEC. 529. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA PETITIONS.

SEC. 530. ELIMINATING PROCEDURAL DELAYS IN LABOR CERTIFICATION PROCESS.

SEC. 531. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

SEC. 532. VISA REVALIDATION.

Subtitle C--Preservation of Immigration Benefits for Hurricane Katrina Victims

SEC. 541. SHORT TITLE.

SEC. 542. DEFINITIONS.

SEC. 543. SPECIAL IMMIGRANT STATUS.

SEC. 544. EXTENSION OF FILING OR REENTRY DEADLINES.

SEC. 545. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.

SEC. 546. RECIPIENT OF PUBLIC BENEFITS.

SEC. 547. AGE-OUT PROTECTION.

SEC. 548. EMPLOYMENT ELIGIBILITY VERIFICATION.

SEC. 549. NATURALIZATION.

SEC. 550. DISCRETIONARY AUTHORITY.

SEC. 551. EVIDENTIARY STANDARDS AND REGULATIONS.

SEC. 552. IDENTIFICATION DOCUMENTS.

SEC. 553. WAIVER OF REGULATIONS.

SEC. 554. NOTICES OF CHANGE OF ADDRESS.

SEC. 555. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.

TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED INDIVIDUALS

Subtitle A--Access to Earned Adjustment and Mandatory Departure and Reentry

SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.

`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

`(aa) Records maintained by the Social Security Administration.

`(bb) Records maintained by an employer, such as pay stubs, time sheets, or employment work verification.

`(cc) Records maintained by the Internal Revenue Service.

`(dd) Records maintained by a union or day labor center.

`(ee) Records maintained by any other government agency, such as worker compensation records, disability records, or business licensing records.

`(aa) bank records;

`(bb) business records;

`(cc) sworn affidavits from non-relatives who have direct knowledge of the alien's work, including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information; or

`(dd) remittance records.

`(aa) the termination of the qualifying relationship was connected to domestic violence; or

`(bb) the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent who adjusts status or is eligible to adjust status to that of a permanent resident under paragraph (1).

`SEC. 245C. MANDATORY DEPARTURE AND REENTRY.

Subtitle B--Agricultural Job Opportunities, Benefits, and Security

SEC. 611. SHORT TITLE.

SEC. 612. DEFINITIONS.

CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS

SEC. 613. AGRICULTURAL WORKERS.

SEC. 614. CORRECTION OF SOCIAL SECURITY RECORDS.

CHAPTER 2--REFORM OF H-2A WORKER PROGRAM

SEC. 615. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

`SEC. 218. H-2A EMPLOYER APPLICATIONS.

`SEC. 218E. H-2A EMPLOYMENT REQUIREMENTS.

`(aa) transportation provided, or transportation arrangements made, by an H-2A worker, unless the employer specifically requested or arranged such transportation; or

`(bb) car pooling arrangements made by H-2A workers themselves, using 1 of the workers' own vehicles, unless specifically requested by the employer directly or through a farm labor contractor.

`SEC. 218F. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERS.

`SEC. 218G. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.

`SEC. 218H. DEFINITIONS.

CHAPTER 3--MISCELLANEOUS PROVISIONS

SEC. 616. DETERMINATION AND USE OF USER FEES.

SEC. 617. REGULATIONS.

SEC. 618. REPORT TO CONGRESS.

SEC. 619. EFFECTIVE DATE.

Subtitle C--DREAM Act of 2007

SEC. 621. SHORT TITLE.

SEC. 622. DEFINITIONS.

SEC. 623. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.

SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.

SEC. 626. RETROACTIVE BENEFITS.

SEC. 627. EXCLUSIVE JURISDICTION.

SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

SEC. 629. CONFIDENTIALITY OF INFORMATION.

SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

SEC. 631. HIGHER EDUCATION ASSISTANCE.

SEC. 632. GAO REPORT.

Subtitle D--Programs To Assist Nonimmigrant Workers

SEC. 641. INELIGIBILITY AND REMOVAL BEFORE APPLICATION PERIOD.

SEC. 642. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY TRAINING.

SEC. 643. STRENGTHENING AMERICAN CITIZENSHIP.

SEC. 644. SUPPLEMENTAL IMMIGRATION FEE.

SEC. 645. ADDRESSING POVERTY IN MEXICO.

TITLE VII--MISCELLANEOUS

Subtitle A--Immigration Litigation Reduction

CHAPTER 1--APPEALS AND REVIEW

SEC. 701. ADDITIONAL IMMIGRATION PERSONNEL.

CHAPTER 2--IMMIGRATION REVIEW REFORM

SEC. 702. BOARD OF IMMIGRATION APPEALS.

SEC. 703. IMMIGRATION JUDGES.

SEC. 704. REMOVAL AND REVIEW OF JUDGES.

SEC. 705. LEGAL ORIENTATION PROGRAM.

SEC. 706. RULEMAKING.

SEC. 707. GAO STUDY ON THE APPELLATE PROCESS FOR IMMIGRATION APPEALS.

SEC. 708. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF MAGISTRATES.

Subtitle B--Citizenship Assistance for Members of the Armed Services

SEC. 711. SHORT TITLE.

SEC. 712. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS OF THE ARMED FORCES.

SEC. 713. PROVISION OF INFORMATION ON NATURALIZATION TO MEMBERS OF THE ARMED FORCES.

SEC. 714. PROVISION OF INFORMATION ON NATURALIZATION TO THE PUBLIC.

SEC. 715. REPORTS.

Subtitle C--State Court Interpreter Grant Program

SEC. 721. SHORT TITLE.

SEC. 722. FINDINGS.

SEC. 723. STATE COURT INTERPRETER GRANTS.

SEC. 724. AUTHORIZATION OF APPROPRIATIONS.

Subtitle D--Border Infrastructure and Technology Modernization

SEC. 731. SHORT TITLE.

SEC. 732. DEFINITIONS.

SEC. 733. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

SEC. 734. NATIONAL LAND BORDER SECURITY PLAN.

SEC. 735. EXPANSION OF COMMERCE SECURITY PROGRAMS.

SEC. 736. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

SEC. 737. AUTHORIZATION OF APPROPRIATIONS.

Subtitle E--Family Humanitarian Relief

SEC. 741. SHORT TITLE.

SEC. 742. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT VICTIMS OF TERRORISM.

SEC. 743. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT VICTIMS OF TERRORISM.

SEC. 744. EXCEPTIONS.

SEC. 745. EVIDENCE OF DEATH.

SEC. 746. DEFINITIONS.

Subtitle F--Other Matters

SEC. 751. NONCITIZEN MEMBERSHIP IN THE ARMED FORCES.

SEC. 752. SURVEILLANCE TECHNOLOGIES PROGRAMS.

SEC. 753. COMPREHENSIVE IMMIGRATION EFFICIENCY REVIEW.

SEC. 754. NORTHERN BORDER PROSECUTION INITIATIVE.

SEC. 755. SOUTHWEST BORDER PROSECUTION INITIATIVE.

SEC. 756. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

SEC. 757. SCREENING OF MUNICIPAL SOLID WASTE.