हिमाली स्वरहरु – Immigration Reform Act of 2010 (S. 3932)

Immigration Reform Act of 2010 (S. 3932)

admin September 30, 2010 0

Immigration Reform Act of 2010
(S. 3932)

On September 29, Senator Menendez (D-NJ) and Senator Leahy (D-VT) introduced the Comprehensive Immigration Reform Act of 2010 (S. 3932). This document summarizes the bill. Note that this summary was prepared under extremely short time constraints and may have inaccuracies or omissions.

Legalization of Undocumented Individuals

Lawful Prospective Immigrants: The bill creates a provisional legal status, Lawful Prospective Immigrant (LPI), for undocumented immigrants who are present in the U.S. as of September 30, 2010, register with the government, have never committed a serious crime, and are otherwise admissible to the United States. Applicants must submit biometric data and undergo background and security checks and pay appropriate fees. Applications for LPI status will be accepted for one year; persons facing removal proceedings or with final removal orders will be permitted to apply if they are otherwise eligible. LPI status will be initially valid for four years, with the possibility of extensions. LPI status confers work and travel authorization. Spouses and children residing in the U.S. or abroad will be eligible for LPI Dependent (LPID) status. LPI and LPID status may be revoked at any time if the LPI/LPID ceases to be eligible for the program or is absent from the U.S. for more than six months without permission. Information on the LPI program must be widely distributed and available in the top five languages spoken by prospective applicants.

Adjustment of Status for Lawful Prospective Immigrants: After six years in LPI/LPID status, the bill allows an applicant to apply to become a lawful permanent resident (LPR), provided he or she continues to meet all eligibility requirements, including renewed biometrics and background and security checks, and also establishes basic citizenship and English skills, payment of all taxes, and compliance with Selective Service registration. Applicants over the age of 21 will pay a $1,000 penalty in addition to processing fees. Persons granted LPR status under this Act will be ineligible for means tested benefits in accordance with existing law. Regardless of date of application, no one may receive LPR status for at least 8 years from the date of enactment or 30 days from the date that visas are made available to reduce all backlogs covered by this Act (back of the line provision).

Administrative Review, Removal Proceedings, and Judicial Review for Aliens Who Have Applied for Lawful Prospective Immigrant Status: The bill allows appeals of denials of applications for lawful prospective immigrant status to a special administrative review panel. A denial from the administrative appeal is final and may not be renewed in immigration court, but an applicant may preserve federal judicial review, which may only be considered after the completion of removal proceedings. If an applicant is not already in removal proceedings and wishes to pursue further review, he or she must ask to be placed in removal proceedings. There is no judicial review available for late filing denials. Broader challenges to the implementation of the law may be brought in federal court, with limitations.

Confidentiality of Information: The bill strictly prohibits the release of material about an individual application and subject to disciplinary action and civil penalties, except in circumstances relating to a legitimate law enforcement or national security inquiry or a coroner’s request and only when that inquiry is specific or governed by existing information sharing agreements. Confidentiality protections do not apply where fraud is established or all proceedings related to the application have been completed.

Technical Measures: The number of persons granted LPR status under this Title will not be included in calculating annual visa limitations. Information submitted regarding past employment cannot be used against an employer for purposes of prosecuting immigration or tax laws.

Implementation: Requires regulation to be issued within nine months of enactment. The government is authorized to engage in contracting and hiring (in order to quickly build the program) without following certain requirements. This Subtitle also requires privacy and civil

Miscellaneous: The bill permits LPIs to correct their social security records without penalty and requires the creation of fraud prevention programs.

DREAM Act: The bill incorporates DREAM Act which provides young people who meet all DREAM Act qualifications with an alternate mechanism for pursuing legalization.

Fees: The bill establishes two new fee accounts. The first will use application fees and appropriated funds to operate the LPI program. The second account will distribute penalty fees to repay initial start up funds and benefit immigration programs.

Refugees and Asylees/Asylum Seekers

Lawful Permanent Resident Status of Refugees and Asylees: The bill provides that refugees and their derivatives are LPRs as of the date of their admittance, that spouses/children of asylees can apply for derivative status at anytime, that derivatives of asylees outside the U.S. are LPRs as of date of admittance to the U.S., that derivatives of asylees inside the U.S. can apply for LPR status at any time, and that DHS or the AG can waive inadmissibility or deportability grounds.

Elimination of Time Limit: Eliminates the one-year time limit for filing for asylum

Asylum Process for Arriving Aliens: Grants the asylum office initial jurisdiction over an asylum case after a positive credible fear determination and provides that asylum seekers who have established their identification will be released within 7 days, unless DHS can show they are a flight or public safety risk; parole denials are reviewed by an IJ.

Protection of Stateless Persons: The bill enables de jure stateless individuals to become permanent residents.

Authority to Designate Certain Groups of Refugees for Consideration: Authorizes the Secretary of State, when necessary and appropriate for humanitarian reasons, to designate certain groups eligible for expedited refugee processing.

Admission of Refugees in the Absence of the Annual Presidential Determination: The bill provides that if the executive branch does not determine the annual allocation of refugees, admission of refugees will not be delayed but will continue as allocated in the prior year.

Title III — Worksite Enforcement

Unlawful Employment of Aliens: The bill establishes a mandatory national employment verification system. It includes provisions regarding the employment of unauthorized aliens, the verification of employee work authorization, the requirements and protocols for a national employment verification system (currently, E-Verify), and protections against discriminatory immigration-related employment practices.
The bill provides a graduated timeframe for employers to register based on several factors, such as how many employees work for the employer; whether the employer has violated immigration law; or whether the employer is a government entity, a federal contractor, or an employer (or industry) which the Secretary determines is part of the critical infrastructure or related to national security or homeland security. All employers must participate within five years. Employers may also register on a voluntary basis. Failure to register creates a rebuttable presumption that the employer has hired unauthorized aliens. It outlines the requirements that employers participating in the system must implement, including training requirements and privacy and due process protections.

The bill updates the documents that employees can present for verification of identity and employment authorization including the use of biometric data or other identifying information, an enhanced drivers’ license with additional security features or certain other passports. It creates stricter requirements for the recordkeeping of employment authorization documentation.

The bill defines the “confirmation” and “non-confirmation” process and defines how a notice will be issued requiring an individual to submit additional information, the process for contesting a determination, employee protections, and notice requirements. Individuals who improperly receive non-confirmations will be compensated for lost wages. An individual may file for judicial review in a civil action in federal district court. If the non-confirmation was caused by the employer’s negligence or misconduct, the employee can file a civil action against the employer. The bill ensures that employees will not be denied backpay or other monetary remedies for unlawful employment practices by an employer, workplace injuries or other causes of action giving rise to liability.

The bill makes it unlawful for an employer to knowingly or with reckless disregard hire, continue to employ, or use a contract to obtain the labor of an alien who is unauthorized to work. The bill also makes it unlawful for employers to require a potential employee to post a bond or security or to provide a financial guarantee against any potential liability related to hiring that individual. Employers with federal grants, contracts, or cooperative agreements who are deemed repeat violators of the employment verification provisions are subject to disbarment procedures for up to 5 years.

Thanks & Warmest regards,

Keshab Raj Seadie, Esq.
Law Office of Keshab Raj Seadie, P.C.
146 West 29th Street
10th Floor
New York, NY 10001

Phone: (212) 571-6002
Fax: (212) 571-7302

email: keshab@greencardmaker.com


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