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36 records in US in 1982
United States · United States Congress · 18 December 1982
Non-Immigrant Visa Waiver Act of 1982 - Amends the Immigration and Nationality Act to authorize the Attorney General and the Secretary of State to establish a three-year pilot visa waiver program for up to eight countries providing a similar benefit to the United States. Sets forth program provisions.
United States · United States Congress · 3 December 1982
Immigration Reform and Control Act of 1982 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for a person to knowingly hire, maintain in his or her employment, or refer or recruit for a fee any alien not authorized to work. Makes it unlawful for an employer of four or more persons to hire anyone without complying with the verification procedure set forth in this Act. Makes following such procedure an affirmative defense for an employer so charged. Requires an employee to attest to his citizenship or legal work status. Requires an employer to: (1) attest, under penalty of perjury, that he has examined an employee's identification papers; (2) list (on or appended to the verification form) the names and addresses of all persons who applied in writing for a position within 90 days of such position's being filled; (3) keep such records for three years or one year after an employee leaves, whichever is longer; and (4) make these records available to the Department of Justice, the Civil Rights Commission, and the Equal Employment Opportunity Commission. Requires the President to implement a secure verification system within three years. Prohibits the use of this system or any required identification document for other law enforcement purposes. Sets forth graduated civil and criminal penalties for hiring violations. Authorizes the Attorney General to bring a civil action to enjoin persons systematically violating such hiring or verification provisions. Subjects employers to graduated civil penalties for verification and recordkeeping violations. Requires the Attorney General to provide notice and hearing opportunity before assessing any civil penalties. Permits the Attorney General to sue in U.S. district court to collect outstanding penalties. Entitles persons claiming to have been improperly denied employment to an administrative hearing. Authorizes appeals to: (1) the United States Immigration Board; and (2) within 60 days of a Board decision, to the U.S. court of appeals. Authorizes a party to seek enforcement of an administrative judge's order in U.S. district court. Sets forth judgment limits. States that the provisions of this Part preempt State and local sanctions regarding employment of unauthorized aliens. Authorizes FY 1983 appropriations for verification system implementation and monitoring. Requires the President to report to Congress every six months. Directs the Civil Rights Commission, the Attorney General, the Secretary of Labor, and the Chairman of the Equal Employment Opportunity Commission to monitor such program and investigate allegations of abuse. Directs the Commission to report to the appropriate congressional committees within 18 months. Directs the Attorney General, in cooperation with the Secretaries of Commerce, Labor, and Agriculture, and the Administrator of the Small Business Administration, to inform employers, employment agencies, unions, and the public about these requirements. Authorizes FY 1983 appropriations for such purposes. States that no penalties shall be imposed for the first six months after enactment of this Act. Amends the Farm Labor Contractor Registration Act to subject (beginning seven months after enactment) farm labor contractors to the requirements of this Act. Makes it illegal to fraudulently misuse or manufacture entry or work documents (up to $5,000 fine or two years' imprisonment or both). Part B: Enforcement and Fees - Expresses the sense of Congress that: (1) Immigration and Naturalization Service (INS) enforcement activities should be increased; and (2) such increase shall be provided for and monitored through the annual authorization of appropriations process. Eliminates the provisions preventing employment from being considered as harboring an alien. Makes it unlawful to knowingly or in reckless disregard of the fact that an alien is not authorized to enter the United States bring such person into the country (up to $5,000 or one year's imprisonment with additional penalties for a subsequent offense). Requires the Attorney General to impose maintenance fees for an alien's use of border or other INS facilities. Part C: Adjudication Procedures and Asylum - Directs immigration officers to exclude without hearing or further inquiry aliens without proper documents, or without any reasonable basis for legal entry or asylum. Requires that such aliens be informed of their right to an expedited redetermination proceeding. Directs the Attorney General after consulting with the congressional judiciary committees to establish procedures to assure that aliens are not excluded without an inquiry into their reasons for seeking U.S. entry. States that if an alien claims asylum the exclusion hearing shall be limited to the asylum issue. Establishes in the Department of Justice a United States Immigration Board to hear appeals from final decisions of immigration judges. States that the Board's determination shall be binding on all immigration judges, immigration officers, and consular officers unless modified by a court. Requires deportation or exclusion appeals to the Board to be filed within 20 days. Sets forth administrative and operating provisions. Replaces the existing special inquiry officer system with a system of immigration judges. Provides for the appointment of up to 70 judges. Grants such judges responsibility for exclusion, deportation, asylum, and status rescission cases, as well as penalty assessments. Provides for judicial review of exclusion cases and those asylum cases encompassed within deportation or exclusion orders. States that such final orders shall be reviewed in U.S. appeal courts. Reduces the period for filing such appeals from six months to 30 days. Restricts judicial review of asylum determinations to questions of: (1) jurisdiction; (2) compliance with laws and regulations; (3) constitutionality; and (4) arbitrary decisionmaking. Prohibits judicial review decisions from reopening: (1) exclusion, deportation, or asylum determinations; (2) denials of stays of exclusion or deportation; or (3) expedited exclusions. States that such restrictions and prohibitions should not be construed as limiting habeas corpus. Revises asylum provisions to: (1) require an alien under an exclusion or deportation order to apply for asylum within 14 days and to complete such application within 30 days after notice of such order unless changed circumstances in the alien's country cause a change in asylum eligibility; (2) prohibit an alien from reapplying for asylum after having been denied such status unless such changes have occurred; (3) require asylum applications to be heard before administrative law judges having special training in international law; (4) permit legal counsel at asylum hearings; (5) require an alien to be an admissible refugee in order to be granted asylum; (6) place the burden of proof on the applicant; (7) prohibit the reopening of an application proceeding unless changed circumstances in the alien's country cause a change in asylum eligibility; (8) require application determinations to be made within 30 days after the hearing (which shall be held within 45 days of the application's filing); and (9) make asylum hearings open to the public unless the alien requests otherwise. Requires the President to nominate Board members within 45 days. Sets forth other administrative and operating provisions for the transfer of asylum proceedings from the existing special inquiry system to the administrative law judge system. Authorizes appropriations for such purposes for FY 1983. Part D: Adjustment of Status - Prohibits adjustment of status to permanent resident for violators of (nonimmigrant) visa terms. Title II: Reform of Legal Immigration - Part A: Immigrants - Revises labor certification provisions to: (1) require the Secretary of Labor to consider national, rather than local, employment and wage data; (2) include a finding that sufficient American workers could not be trained within a reasonable time period; and (3) prohibit courts from overturning certifications without compelling evidence that the decision was arbitrary. Makes such changes effective October 1, 1983. Includes within the definition of "special immigrant": (1) unmarried sons and daughters and surviving spouses of employees of certain international organizations ("J" status); and (2) unmarried Amerasian children (under 21 years old) of U.S. servicemen ("I" status). Requires the Attorney General to report to Congress by December 31, 1984, regarding Amerasian admissions. Grants nonimmigrant status to: (1) parents of children receiving "J" status while they are minors; and (2) other children of such parents or a surviving "J" status spouse. Includes the relationship between an illegitimate child and its natural father within the definition of "child" for purposes of status, benefit, or privilege under such Act. Amends the Immigration and Nationality Act Amendments of 1981 to: (1) extend the numerical limitation waiver to certain self- supporting retirees; and (2) permit certain aliens already in the United States with labor certificates and priority dates up to October 1, 1984, to work at their jobs until their visas are available. Part B: Nonimmigrants - Separates temporary agricultural labor from other temporary labor for purposes of nonimmigrant worker (H- 2 visa) provisions. Restricts the definition of agricultural labor or services to specified definitions in the Fair Labor Standards Act of 1938 and the Internal Revenue Code. Limits H-2 workers to an eight month stay in any calendar year. Authorizes agricultural workers to remain longer if prior to enactment of this Act the Secretary of Labor has recognized an extension as necessary. Prohibits entry to workers who have violated entry conditions within the past five years. Prohibits entry to agricultural workers unless specified conditions have been met respecting housing, injury benefits, meals and transportation, and wage including piece rates, and recordkeeping. Requires an employer submitting an H-2 visa petition to certify that: (1) there are not enough qualified U.S. workers for the job; and (2) similarly employed U.S. workers' wages will not be adversely affected. Makes such certification a prerequisite for the admission of H-2 workers. Prohibits the Attorney General from approving more H-2 petitions in any fiscal year than were approved in FY 1982 unless the Secretary of Labor has certified to the Attorney General and to Congress that sufficient enforcement funds are available. Permits the Secretary to charge application fees. Requires employers of H-2 agricultural workers to pay them an additional amount equal to the amount of FICA and unemployment taxes that would have been paid to U.S. workers. Prohibits the Secretary from approving a petition if: (1) a job is open because of a strike or other labor dispute; or (2) the employer violated certification terms, including failure to pay penalties. Provides with regard to H-2 agricultural workers that: (1) employers must submit petitions at least 80 days in advance of need; (2) the Secretary must respond promptly in writing regarding a disapproved petition, and within 20 days of need regarding an approved petition; (3) there must be a 60-day recruitment period before an employer may file a petition; (4) the Secretary shall establish expedited procedures for review of denied petitions or de novo administrative hearings; and (5) producer associations may file such petitions (individual members or users are still liable for any violations). Authorizes appropriations beginning with FY 1983 for recruitment of domestic workers, work program monitoring, and certification expenses. Provides a private right of action in U.S. district court for any person aggrieved by a violation of the H-2 provisions. Directs the Secretary, in consultation with the Attorney General, to: (1) promulgate implementing regulations; and (2) report to Congress within 18 months regarding improvements in the temporary worker program. Expresses the sense of Congress that the President should establish an advisory commission to consult with Mexico and advise the Attorney General regarding such tempory worker program. Requires foreign students to return to their home country for two years before being eligible to apply for U.S. permanent residence. Permits waiver of such requirement where a student: (1) is an immediate relative of a U.S. citizen; or (2) has an American degree and a college teaching or research job offer. Ends such waiver program as of September 30, 1989. Permits foreign students with degrees in specified fields to change their nonimmigrant classification to "trainee." States that time spent in student or trainee status shall not count for purposes of eligibility for suspension of deportation. Authorizes the Attorney General and the Secretary of State to establish a three-year pilot visa waiver program for up to five countries providing a similar benefit to the United States. Sets forth program provisions. Authorizes a visa waiver program for Guam. Title III: Legalization - Provides for the status adjustment of certain aliens who entered the United States before January 1, 1980. Authorizes the Attorney General to adjust to permanent resident status those aliens who: (1) entered the United States illegally before January 1, 1977; (2) have since resided continuously in the country; (3) are otherwise admissible; and (4) apply for such adjustment in 1983. Authorizes similar status adjustment for specified aliens who entered legally as nonimmigrants but whose period of authorized stay ended before January 1, 1977. (Stipulates that in the case of exchange visitors the two-year foreign residence requirement must have been met or waived.) Authorizes the Attorney General to adjust to temporary resident status Cuban/Haitian entrants and specified undocumented aliens who have resided in the United States since January 1, 1980. Requires such applications to be filed in 1983. Permits such temporary resident aliens to: (1) work in the United States; (2) apply for permanent resident status after three years; and (3) travel abroad. Prohibits the legalization of persons: (1) convicted of a felony or three or more misdemeanors in the United States; or (2) who have taken part in political, religious, or racial persecution. Authorizes the Attorney General to terminate temporary resident status if an alien has not filed for adjustment to permanent status within three and one-half years. Directs the Attorney General, in cooperation with designated voluntary agencies, to disseminate information about such status legalization program. Waives numerical limitations, labor certification, and other specified entry violations for such aliens. Permits the Attorney General to waive other grounds for exclusion (except criminal, most drug-related, and security grounds) to assure family unity or when otherwise in the national interest. Requires the Attorney General to: (1) issue implementing regulations by December 31, 1982; and (2) provide an alien otherwise eligible but unregistered who is apprehended before January 1, 1983, an opportunity to apply for the legalization program before deportation or exclusion proceedings are begun. Makes temporary resident (other than Cuban/Haitian entrants) and (for their first three years) permanent residents, ineligible for Federal public assistance (other than medical care, aid to the aged, blind, or disabled, and public health). Authorizes appropriations for such programs for FY 1983. Requires the President to report to Congress within 18 months on the impact of such program. Repeals Public Law 89-732 regarding status adjustment for certain Cubans who entered the United States before April 21, 1980. Updates the registry date for permanent entry admissions records from June 30, 1948 to January 1, 1973. Authorizes appropriations for FY 1983 through 1986 for State legalization assistance. Requires the Secretary of Health and Human Services, subject to available appropriations, to provide full reimbursement to States for costs incurred in providing specified services to aliens during the period they were ineligible for Federal assistance. Requires the Secretary of Education, subject to available appropriations, to assist States in meeting such aliens' added educational costs. Includes such legalized aliens under the coverage of titles I through IV of the Refugee Education Assistance Act of 1980.
United States · United States Congress · 30 September 1982
Immigration Emergency Act - Authorizes the President to declare an immigration emergency if in his judgment: (1) a substantial number of undocumented aliens from a designated country (countries) or geographic area (areas) are ready to leave for the United States, or have already done so; and (2) the normal procedures and resources of the Immigration and Naturalization Service would be inadequate to handle the influx of these aliens. Requires the President to explain such action to the Speaker of the House and the President pro tempore of the Senate within 48 hours. Terminates such emergency period after 120 days unless ended sooner or extended by the President. Authorizes the President during an immigration emergency to: (1) prevent U.S. vessels, vehicles, or aircraft from traveling to designated countries or areas; (2) prevent inadmissible aliens from arriving by requiring their return or their vessel, vehicle, or aircraft's return to a suitable country or area; (3) exempt executive instrumentalities from additional specified environmental requirements for up to one year; and (4) designate one or more Federal agencies including the military to carry out these emergency powers (once they are invoked by the President). Requires an alien to be detained pending a final determination of admissibility. Permits the Attorney General to transfer such detained aliens at any time. Limits judicial review of the Attorney General's detention and transfer authority to habeas corpus questions of whether a particular person is within the category of aliens subject to detention. Grants search and seizure and disaster authority to agencies enforcing this Act. Prohibits U.S. conveyances to travel to, or within specified distances of, designated countries or areas during an immigration emergency without prior executive approval. Provides penalties for violations, including fines, forfeiture, and imprisonment. Provides that violations of the Immigration and Nationality Act committed during an immigration emergency may be investigated by the Federal Bureau of Investigation, the Immigration and Naturalization Service, the Coast Guard, or any component of the Department of the Treasury. Amends the Immigration and Nationality Act to increase the fine for unlawfully bringing aliens into the United States. Permits the seizure of a vessel or aircraft so involved. Authorizes up to $35,000,000 for purposes of this title.
United States · United States Congress · 22 September 1982
Amends the Immigration and Nationality Act to state that a person granted asylum may not be involuntarily removed from the United States, regardless of any State judicial decree or law.
United States · United States Congress · 17 September 1982
Migrant and Seasonal Agricultural Worker Protection Act - Declares the purpose of this Act to be to: (1) remove restraints on commerce caused by activities detrimental to migrant and seasonal agricultural workers; (2) require farm labor contractors to register under this Act; and (3) assure necessary protections for migrant and seasonal agricultural workers, agricultural associations, and agricultural employers. Sets forth definitions under this Act. Distinguishes between "agricultural employer" and "farm labor contractor." Distinguishes between "migrant agricultural worker" and "seasonal agricultural worker." Sets forth a definition of a "day-haul operation." Uses the same definition of "employ" as under specified provisions of the Fair Labor Standards Act of 1938. Sets forth exemptions from coverage by this Act for specified types of family business, small business, labor organizations and other entities or persons. Provides that title I of this Act does not apply to any agricultural employer or agricultural association or to any employee of such employer or association. Title I: Farm Labor Contractors - Requires any person engaged in farm labor contracting activities to have a certificate of registration from the Secretary of Labor specifying which such activities such person is authorized to perform. Prohibits a farm labor contractor from hiring, employing or using any individual to perform such activities unless such individual has a certificate of registration as a contractor employee. Holds the contractor responsible for contractor employee violations of this Act or regulations under this Act. Requires each registered contractor and contractor employee to carry, and exhibit on request, such certificates while engaging in such activities. Denies State employment service system facilities and services under the Wagner-Peyser Act to any contractor who refuses or fails to produce a certificate upon request. Directs the Secretary, after appropriate investigation and approval, to issue certificates to persons who file applications containing specified items, including documentation of compliance with requirements under this Act which deal with vehicles used to transport migrant or seasonal workers and with housing for migrant workers. Authorizes the Secretary to refuse to issue or renew, or to suspend or revoke, certificates if applicants or holders commit specified violations, fail to meet specified requirements, or have been convicted within the preceding five years of specified offenses. Provides for hearings on appeals of such refusals, suspensions, or revocations. Prohibits transfer or assignment of certificates. Sets forth provisions relating to expiration and renewal of certificates and to notice of address change and amendment of certificates. Prohibits farm labor contractors from recruiting, hiring, or using, with knowledge, the services of any individual who is an alien not lawfully admitted for permanent residence or who has not been authorized by the Attorney General to accept employment. Title II: Migrant Agricultural Worker Protections - Requires each farm labor contractor, agricultural employer, and agricultural association which recruits any migrant agricultural worker to: (1) disclose specified information to such worker; (2) post a statement of worker rights and protections and a statement of the terms and conditions of occupancy of worker housing; and (3) keep specified records with respect to each such worker. Requires each farm labor contractor to supply copies of such records to any agricultural employer and association to which such contractor has furnished such workers. Prohibits knowingly providing false or misleading information to any worker concerning such required information, statements, and records. Requires that specified information and statements be provided in written English or, as necessary and reasonable, in Spanish or other language common to migrant agricultural workers not fluent or literate in English. Requires the Department of Labor to make forms available for use in providing such information. Requires such contractors, employers, and associations to pay the wages owed to migrant agricultural workers when due. Prohibits contractors, employers, and associations from: (1) requiring such workers to purchase any goods or services solely from such contractors, employers, or associations; or (2) violating, without justification, the terms of any working arrangement with such workers. Makes each person who owns or controls a facility or real property which is used as housing for migrant agricultural workers responsible for ensuring compliance with substantive Federal and State safety and health standards applicable to that housing. Prohibits such persons from permitting any such facility or property from being occupied by such workers unless there is posted at the site a copy of the certification by a State or local health authority or other appropriate agency that applicable safety and health standards are met. Permits such occupancy in cases in which a request for such inspection has been made to the appropriate agency at least forty-five days earlier. Exempts from such requirements any person who, in the ordinary course of that person's business, regularly provides housing on a commercial basis to the general public and who provides housing of the same character and on the same or comparable terms or conditions to migrant agricultural workers. Title III: Seasonal Agricultural Worker Protections - Requires each farm labor contractor, agricultural employer, and agricultural association which recruits any seasonal agricultural worker to: (1) disclose specified information to such worker, upon request, when an offer of employment is made (but to disclose such information to day-haul workers at the place of recruitment); (2) post a statement of worker rights and protections; and (3) keep specified records with respect to each such worker. Requires each farm labor contractor to supply copies of such records to any agricultural employer and association to which such contractor has furnished such workers. Prohibits knowingly providing false or misleading information to any worker concerning such required information, statements, and records. Requires that specified information and statements be provided to seasonal agricultural workers in written English or, as necessary and reasonable, in Spanish or other language common to migrant and agricultural workers not fluent or literate in English. Requires the Department of Labor to make forms available for use in providing such information. Requires such contractors, employers, and associations to pay the wages owed to seasonal agricultural workers when due. Prohibits contractors, employers, and associations from: (1) requiring such workers to purchase any goods or services solely from such contractors, employers, or associations; or (2) violating, without justification, the terms of any working arrangement with such workers. Title IV: Further Protections for Migrant and Seasonal Agricultural Workers - Sets forth provisions for motor vehicle safety in the transportation of any migrant or seasonal agricultural worker (except on agricultural machinery and equipment while actually engaged in the planting, cultivating, or harvesting any agricultural commodity or the care of livestock or poultry). Requires each agricultural employer, agricultural association, and farm labor contractor, while using or causing to be used any vehicle for such transportation, to: (1) ensure that such vehicle conforms to standards prescribed by the Secretary under this Act and to other applicable Federal and State safety standards; (2) ensure that each driver has a valid and appropriate State license to operate such vehicle; and (3) have a specified type of insurance policy or a liability bond in effect. Directs the Secretary to consider specified factors in prescribing such motor vehicle safety regulations. Provides that such regulations, shall be in addition to, and shall not supersede or modify, any standard or regulation under the Interstate Commerce Act or successor provisions of Federal law which is independently applicable to such transportation. Makes any violation of such standards a violation under this Act. Provides that standards prescribed under the Interstate Commerce Act for the transportation of migrant workers shall be deemed to be standards under this Act if the Secretary fails to prescribe such standards. Requires that the required level of insurance be at least the amount currently required for common carriers of passengers under the Interstate Commerce Act and any successor provisions of Federal law. Provides that, if the employer, association, or contractor provides State workers' compensation coverage for such migrant or seasonal agricultural workers, an insurance policy or liability bond shall be required under this Act only for circumstances under which coverage for transportation of such workers is not provided under State law. Directs the Secretary to prescribe and revise such motor vehicle safety standards by specified regulations. Prohibits any person from utilizing the services of any farm labor contractor to supply any migrant or seasonal agricultural worker unless the person first takes reasonable steps to determine that the contractor has a valid registration certificate authorizing such activity. Permits reliance upon either possession of such certificate or confirmation of registration by the Department. Directs the Secretary to maintain a central public registry of all persons issued such certificates. Requires each farm labor contractor to obtain at each place of employment and make available for inspection to every worker such contractor furnishes for employment a written statement of the conditions of such employment. Prohibits any farm labor contractor from violating, without justification, the terms of any written agreement made with an agricultural employer or an agricultural association pertaining to any contracting activity or worker protection under this Act. Provides that such written agreements do not relieve a person of any responsibility under this Act. Title V: General Provisions - Part A: Enforcement Provisions - Sets forth provisions relating to criminal sanctions, judicial enforcement, and administrative actions. Provides for a private right of action for any person aggrieved by a violation of this Act or any regulation under this Act. Limits the amount of damages which may be awarded in cases of multiple infractions or in class actions. Prohibits discrimination against any migrant or seasonal worker because of complaints filed, proceedings instituted, testimony, or exercise of rights or protections under this Act. Declares agreements by employees purporting to waive or modify their rights under this Act to be void as contrary to public policy, but provides that a waiver or modification of rights in favor of the Secretary shall be valid for enforcement purposes. Part B: Administrative Provisions - Authorizes the Secretary to: (1) issue rules and regulations necessary to carry out this Act; (2) use specified investigative powers to obtain information; and (3) make specified agreements with Federal and State agencies. Part C: Miscellaneous Provisions - Declares that this Act is intended to supplement State law and that compliance with this Act shall not excuse any person from compliance with appropriate State law and regulation. Sets forth a transition provision authorizing the Secretary to deny a certificate of registration to any farm labor contractor, as defined in this Act, against whom there is a judgment outstanding under the Farm Labor Contractor Registration Act of 1963 or who is subject to a final order of the Secretary under such Act assessing a civil penalty which has not been paid. Provides that any findings under such Act may also be applicable to determinations of willful and knowing violations under this Act. Repeals the Farm Labor Contractor Registration Act of 1963.
United States · United States Congress · 17 September 1982
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
United States · United States Congress · 14 September 1982
Migrant and Seasonal Agricultural Worker Protection Act - Declares the purpose of this Act to be to: (1) remove restraints on commerce caused by activities detrimental to migrant and seasonal agricultural workers; (2) require farm labor contractors to register under this Act; and (3) assure necessary protections for migrant and seasonal agricultural workers, agricultural associations, and agricultural employers. Sets forth definitions under this Act. Distinguishes between "agricultural employer" and "farm labor contractor." Distinguishes between "migrant agricultural worker" and "seasonal agricultural worker." Sets forth a definition of a "day-haul operation." Uses the same definition of "employ" as under specified provisions of the Fair Labor Standards Act of 1938. Sets forth exemptions from coverage by this Act for specified types of family business, small business, labor organizations and other entities or persons. Provides that title I of this Act does not apply to any agricultural employer or agricultural association or to any employee of such employer or association. Title I: Farm Labor Contractors - Requires any person engaged in farm labor contracting activities to have a certificate of registration from the Secretary of Labor specifying which activities such person is authorized to perform. Prohibits a farm labor contractor from hiring, employing or using any individual to perform such activities unless such individual has a certificate of registration or a certificate of registration as a contractor employee. Holds the contractor responsible for contractor employee violations of this Act or regulations under this Act. Requires each registered contractor and contractor employee to carry, and exhibit on request, such certificates while engaging in such activities. Denies State employment service system facilities and services under the Wagner-Peyser Act to any contractor who refuses or fails to produce a certificate upon request. Directs the Secretary, after appropriate investigation and approval, to issue certificates to persons who file applications containing specified items, including documentation of compliance with requirements under this Act vehicles used to transport migrant or seasonal workers and housing for migrant workers. Authorizes the Secretary to refuse to issue or renew, or to suspend or revoke, certificates if applicants or holders commit specified violations, fail to meet specified requirements, or have been convicted within the preceding five years of specified offenses. Provides for hearings on an appeals of such refusals, suspensions, or revocations. Prohibits transfer or assignment of certificates. Sets forth provisions relating to expiration and renewal of certificates and to notice of address change and amendment of certificates. Prohibits farm labor contractors from recruiting, hiring, or using, with knowledge, the services of any individual who is an alien not lawfully admitted for permanent residence or who has not been authorized by the Attorney General to accept employment. Title II: Migrant Agricultural Worker Protections - Requires each farm labor contractor, agricultural employer, and agricultural association which recruits any migrant agricultural worker to: (1) disclose specified information to such worker; (2) post a statement of worker rights and protections and a statement of the terms and conditions of occupancy of worker housing; and (3) keep specified records with respect to each such worker. Requires each farm labor contractor to supply copies of such records to any agricultural employer and association to which such contractor has furnished such workers. Prohibits knowingly providing false or misleading information to any worker concerning such required information, statements, and records. Requires that specified information and statements be provided in written English or, as necessary and reasonable, in Spanish or other language common to migrant agricultural workers not fluent or literate in English. Requires the Department of Labor to make forms available for use in providing such information. Requires such contractors, employers, and associations to pay the wages owed to migrant agricultural workers when due. Prohibits contractors, employers, and associations from: (1) requiring such workers to purchase any goods or services solely from such contractors, employers, or associations; or (2) violating, without justification, the terms of any working arrangement with such workers. Makes each person who owns or controls a facility or real property which is used as housing for migrant agricultural workers responsible for ensuring compliance with substantive Federal and State safety and health standards applicable to that housing. Prohibits such persons from permitting any such facility or property from being occupied by such workers unless there is posted at the site a copy of the certification by a State or local health authority or other appropriate agency that applicable safety and health standards are met. Permits such occupancy in cases in which a request for such inspection has been made to the appropriate agency at least forty-five days earlier. Exempts from such requirements any person who, in the ordinary course of that person's business, regularly provides housing on a commercial basis to the general public and who provides housing of the same character and on the same or comparable terms or conditions to migrant agricultural workers. Title III: Seasonal Agricultural Worker Protections - Requires each farm labor contractor, agricultural employer, and agricultural association which recruits any seasonal agricultural worker to: (1) disclose specified information to such worker, upon request, when an offer of employment is made (but to disclose such information to day-haul workers at the place of recruitment); (2) post a statement of worker rights and protections; and (3) keep specified records with respect to each such worker. Requires each farm labor contractor to supply copies of such records to any agricultural employer and association to which such contractor has furnished such workers. Prohibits knowingly providing false or misleading information to any worker concerning such required information, statements, and records. Requires that specified information and statements be provided to seasonal agricultural workers in written English or, as necessary and reasonable, in Spanish or other language common to migrant and agricultural workers not fluent or literate in English. Requires the Department of Labor to make forms available for use in providing such information. Requires such contractors, employers, and associations to pay the wages owed to seasonal agricultural workers when due. Prohibits contractors, employers, and associations from: (1) requiring such workers to purchase any goods or services solely from such contractors, employers, or associations; or (2) violating, without justification, the terms of any working arrangement with such workers. Title IV: Further Protections for Migrant and Seasonal Agricultural Workers - Sets forth provisions for motor vehicle safety in the transportation of any migrant or seasonal agricultural worker (except on agricultural machinery and equipment while actually engaged in the planting, cultivating, or harvesting any agricultural commodity or the care of livestock or poultry). Requires each agricultural employer, agricultural association, and farm labor contractor, while using or causing to be used any vehicle for such transportation, to: (1) ensure that such vehicle conforms to standards prescribed by the Secretary under this Act and to other applicable Federal and State safety standards; (2) ensure that each driver has a valid and appropriate State license to operate such vehicle; and (3) have a specified type of insurance policy or a liability bond in effect. Directs the Secretary to consider specified factors in prescribing such motor vehicle safety regulations. Provides that such regulations, shall be in addition to, and shall not supersede or modify, any standard or regulation under the Interstate Commerce Act or successor provisions of Federal law which is independently applicable to such transportation. Makes any violation of such standards a violation under this Act. Provides that standards prescribed under the Interstate Commerce Act for the transportation of migrant workers shall be deemed to be standards under this Act if the Secretary fails to prescribe such standards. Requires that the required level of insurance be at least the amount currently required for common carriers of passengers under the Interstate Commerce Act and any successor provisions of Federal law. Provides that, if the employer, association, or contractor provides State workers' compensation coverage for such migrant or seasonal agricultural workers, an insurance policy or liability bond shall be required under this Act only for circumstances under which coverage for transportation of such workers is not provided under State law. Directs the Secretary to prescribe and revise such motor vehicle safety standards by specified regulations. Prohibits any person from utilizing the services of any farm labor contractor to supply any migrant or seasonal agricultural worker unless the person first takes reasonable steps to determine that the contractor has a valid registration certificate authorizing such activity. Permits reliance upon either possession of such certificate or confirmation of registration by the Department. Directs the Secretary to maintain a central public registry of all persons issued such certificates. Requires each farm labor contractor to obtain at each place of employment and make available for inspection to every worker such contractor furnishes for employment a written statement of the conditions of such employment. Prohibits any farm labor contractor from violating, without justification, the terms of any written agreement made with an agricultural employer or an agricultural association pertaining to any contracting activity or worker protection under this Act. Provides that such written agreements do not relieve a person of any responsibility under this Act. Title V: General Provisions - Part A: Enforcement Provisions - Sets forth provisions relating to criminal sanctions, judicial enforcement, and administrative actions. Provides for a private right of action for any person aggrieved by a violation of this Act or any regulation under this Act. Limits the amount of damages which may be awarded in cases of multiple infractions or in class actions. Prohibits discrimination against any migrant or seasonal worker because of complaints filed, proceedings instituted, testimony, or exercise of rights or protections under this Act. Declares agreements by employees purporting to waive or modify their rights under this Act to be void as contrary to public policy, but provides that a waiver or modification of rights in favor of the Secretary shall be valid for enforcement purposes. Part B: Administrative Provisions - Authorizes the Secretary to: (1) issue rules and regulations necessary to carry out this Act; (2) use specified investigative powers to obtain information; and (3) make specified agreements with Federal and State agencies. Part C: Miscellaneous Provisions - Declares that this Act is intended to supplement State law and that compliance with this Act shall not excuse any person from compliance with appropriate State law and regulation. Sets forth a transition provision authorizing the Secretary to deny a certificate of registration to any farm labor contractor, as defined in this Act, against whom there is a judgment outstanding under the Farm Labor Contractor Registration Act of 1963 or who is subject to a final order of the Secretary under such Act assessing a civil penalty which has not been paid. Provides that any findings under such Act may also be applicable to determinations of willful and knowing violations under this Act. Repeals the Farm Labor Contractor Registration Act of 1963.
United States · United States Congress · 8 September 1982
Amends the Immigration and Nationality Act to permit a record of lawful admission for permanent residence to be made for certain aliens who entered the United States prior to January 1, 1973 (currently prior to June 30, 1948).
United States · United States Congress · 18 August 1982
Urges the Administration to consider the United States' historical sanctuary role as it considers the asylum request of Hu Na, a citizen of the People's Republic of China.
United States · United States Congress · 5 August 1982
Expresses the sense of the Congress that Hu Na, a tennis player from the People's Republic of China, should be granted asylum in the United States.
United States · United States Congress · 14 July 1982
Revises, codifies, and enacts without substantive change certain laws relating to aliens and nationality as title 8, United States Code, "Aliens and Nationality." Subdivides such title into the following subtitles: (1) general; (2) immigration; (3) citizenship and nationality; (4) passports and travel control; and (5) refugees. Subtitle I: General - Sets forth: (1) definitions and special provisions, for certain nonimmigrants; (2) organization, administration, and authorities of the Immigration, and Naturalization Service, the Attorney General, Secretary of State, and Bureau of Consular Affairs; and (3) miscellaneous liaison and procedural provisions. Subtitle II: Immigration - Sets forth provisions respecting: (1) immigrants and nonimmigrant admissions; (2) exclusion; (3) entry documents and registration; (4) entry and exclusion; (5) alien crew members; (6) deportation and classification changes; and (7) jurisdiction and civil and criminal penalties. Subtitle III: Citizenship and Nationality - Sets forth provisions respecting: (1) citizenship and nationality at birth and collective naturalization; (2) nationality through naturalization; (3) loss of nationality; (4) nationality documents; and (5) citizenship instruction and procedures if a right or privilege as a national is denied. Subtitle IV: Passports and Travel Control - Sets forth provisions respecting: (1) passports; and (2) travel control and related documents. Subtitle V: Refugees - Sets forth refugee provisions respecting: (1) admissions; (2) policy coordination and resettlement and educational assistance; and (3) international participation and emergency assistance.
United States · United States Congress · 24 June 1982
Expresses the sense of the Congress that: (1) Ethiopians who have lived in the United States for a substantial period of time should not be forced to return to Ethiopia; and (2) the Secretary of State should recommend to the Attorney General that extended voluntary departure status be continued for Ethiopians who have continuously resided in the United States since before January 1, 1980.
United States · United States Congress · 24 June 1982
Expresses the sense of the Congress that: (1) Ethiopians who have lived in the United States for a substantial period of time should not be forced to return to Ethiopia; and (2) the Secretary of State should recommend to the Attorney General that extended voluntary departure status be continued for Ethiopians who have continuously resided in the United States since before January 1, 1980.
United States · United States Congress · 27 May 1982
Immigration Reform and Control Act of 1982 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for a person to knowingly hire, maintain in his or her employment, or refer or recruit for a fee any alien not authorized to work. Makes it unlawful for an employer of four or more persons to hire anyone without complying with the verification procedure set forth in this Act. Makes following such procedure an affirmative defense for an employer so charged. Sets forth such verification procedure which requires an employer (of four or more persons) to attest, under penalty of perjury, that he or she has examined an employee's identification papers, and requires an employee to attest to his or her citizenship or legal work status. Requires employers to keep such records for five years or one year after an employee leaves, whichever is longer. Requires the President to implement a secure verification system within three years. Prohibits the use of this system or any required identification document for other law enforcement purposes. Sets forth graduated civil and criminal penalties for verification violations. Authorizes the Attorney General to bring a civil action to enjoin persons systematically violating such hiring provisions. Subjects employers to a $500 civil penalty for verification and recordkeeping violations. Requires the Attorney General to provide notice and hearing opportunity before assessing any civil penalties. Permits the Attorney General to sue in U.S. district court to collect outstanding penalties. States that the provisions of this Part preempt State and local sanctions regarding employment of unauthorized aliens. Authorizes FY 1983 appropriations for verification system implementation and monitoring. Requires the President to report to Congress every six months. Directs the Attorney General, in cooperation with the Secretaries of Commerce, Labor, and Agriculture, and the Administrator of the Small Business Administration, to inform employers, employment agencies, unions, and the public about these requirements. Authorizes FY 1983 appropriations for such purposes. Makes it illegal to fraudulently misuse or manufacture entry or work documents (up to $5,000 fine or five years' imprisonment or both). Part B: Enforcement and Fees - Expresses the sense of Congress that: (1) Immigration and Naturalization Service (INS) enforcement activities should be increased; and (2) such increase shall be provided for, and monitored through, the annual authorization of appropriations process. Eliminates the provision preventing employment from being considered as harboring an alien. Makes it unlawful to knowingly, or in reckless disregard of the fact that an alien is not authorized to enter the United States, bring such person into the country (up to $5,000 fine or one year's imprisonment with additional penalties for a subsequent offense). Requires the Attorney General to impose maintenance fees for an alien's use of border or other INS facilities. Part C: Adjudication Procedures and Asylum Inspection and Exclusion - Directs immigration officers at entry points to exclude without hearing or further inquiry aliens without proper documents or without any reasonable basis for legal entry or asylum. States that if an alien claims asylum, the exclusion hearing shall be limited to the asylum issue. Establishes in the Department of Justice a United States Immigration Board to hear appeals from final decisions of immigration judges. States that the Board's determination shall be binding on all immigration judges, immigration officers, and consular officers unless modified by a court or the Attorney General. Permits the Attorney General to review a Board determination within 30 days if the matter is in the national interest. Sets forth administrative and operating provisions. Replaces the existing special inquiry officer system with a system of immigration judges. Provides for the appointment of up to 70 judges. Grants such judges responsibility for exclusion, deportation, asylum, and status rescission cases. Requires exclusion appeals to be filed with the Board (rather than the Attorney General) within 15 days. Limits judicial review in exclusion and asylum cases to the question of habeas corpus. Reduces the period for filing a petition for judicial review of final orders of exclusion, deportation, and asylum from six months to 30 days. Prohibits judicial review of: (1) exclusion, deportation, or asylum determinations; (2) denial of stays of exclusion or deportation; or (3) summary exclusion. Requires an action for judicial review of any administrative action, other than a final order of deportation, to be filed within 30 days after the date of the final administrative action or the date of enactment of this Act, whichever is later. Revises asylum provisions to: (1) require an alien under an exclusion or deportation order to apply for asylum within 14 days and to complete such application within 30 days after notice of such order unless changed circumstances in the alien's country cause a change in asylum eligibility; (2) prohibit an alien from reapplying for asylum after having been denied such status unless such changes have occurred; (3) require asylum applications to be heard before administrative law judges having special training in international law; (4) permit legal counsel at asylum hearings; (5) require an alien to be an admissible refugee in order to be granted asylum; (6) place the burden of proof on the applicant; and (7) prohibit the reopening of an application proceeding unless changed circumstances in the alien's country cause a change in asylum eligibility. Requires the President to nominate Board members within 45 days. Sets forth other administrative and operating provisions for the transfer of asylum proceedings from the existing special inquiry system to the administrative law judge system. Authorizes appropriations for such purpose for FY 1983. Part D: Adjustment of Status - Prohibits adjustment of status to permanent resident for violators of (nonimmigrant) visa terms. Title II: Reform of Legal Immigration - Part A: Immigrants - Revises numerical limitation provisions to: (1) establish a "family reunification" category of 375,000 (minus the number of prior-year immediate relatives); (2) establish an "independent" category of 75,000 (minus the number of prior-year special immigrants); and (3) permit 40,000 annual entrants each from Mexico and Canada, with each country entitled to the other's unused visas. Sets forth "family reunification" preference allocations as follows: (1) unmarried sons and daughters of U.S. citizens; (2) spouses and children of permanent residents; (3) married sons and daughters of U.S. citizens; and (4) brothers and sisters of U.S. citizens with already approved visas. Sets forth "independent" preference allocations as follows: (1) aliens of exceptional ability; (2) skilled workers; (3) investors; (4) unskilled workers; and (5) nonpreference workers. Sets forth an interpreference allocation guide. Revises labor certification provisions to: (1) require the Secretary of Labor to consider national, rather than local, employment and wage data; (2) include a finding that sufficient American workers could not be trained within a reasonable time period; and (3) prohibit courts from overturning certifications without compelling evidence that the decision was arbitrary. Includes within the definition of "special immigrant": (1) unmarried sons and daughters and surviving spouses of employees of certain international organizations; and (2) unmarried Amerasian children (under 21 years old) of U.S. servicemen. Includes within the definition of "nonimmigrant": (1) parents of minor children having special immigrant status; (2) other children of such parents; and (3) children of surviving spouses or retirees (of foreign organizations) having special immigrant status. Sets forth transitional provisions. Part B: Nonimmigrants - Separates temporary agricultural labor from other temporary labor for purposes of nonimmigrant worker provisions. Limits H-2 visa temporary workers to a maximum eight-month stay per year, except for agricultural workers who may stay for more than one year if previously so allowed. Requires an employer H-2 visa petition to certify that: (1) there are not enough local U.S. workers for the job; and (2) similarly employed U.S. workers' wages will not be adversely affected. Permits the Secretary of Labor to charge application fees. Prohibits the Secretary from approving such petition if: (1) the job is open because of a strike or lock-out; (2) the alien violated temporary worker admissions terms wihin the past five years; or (3) the employer violated similar terms within the past two years. Provides with regard to temporary agricultural workers that: (1) employers need not submit such petition more than 50 days in advance of need; (2) the Secretary must decide on a petition within 20 days of need; (3) producer associations may file such petitions; and (4) the Secretary shall establish expedited procedures for review of denied petitions or de novo administrative hearings. Requires the Secretary, in consultation with the Attorney General and the Secretary of Agriculture, to report annually to the Congress. Authorizes appropriations beginning with FY 1983 to recruit domestic workers and monitor the nonimmigrant worker program. Requires a report within 18 months concerning improvements to be made in such program. Prohibits foreign students from adjusting their status to permanent resident unless they are immediate relatives of U.S. citizens. Requires foreign students to return to their home country for two years before being eligible to apply for a U.S. permanent resident visa. Authorizes the Attorney General and the Secretary of State to establish a three-year pilot visa waiver program for up to five countries providing a similar benefit to the United States. Sets forth program provisions. Title III: Legalization - Authorizes adjustment of status to permanent resident for specified undocumented aliens who have resided in the United States since January 1, 1978. Requires such applications to be filed within one year. Authorizes a temporary resident status for Cuban/Haitian entrants and for specified undocumented aliens who have resided in the United States since January 1, 1980. Requires such applications to be filed within one year. Permits such temporary resident aliens to: (1) work in the United States; (2) apply for permanent resident status after two years; and (3) travel abroad. Makes temporary residents (other than Cuban/Haitian entrants) ineligible for Federal public assistance (other than medical care, aid to the aged, blind, or disabled, and public health). Prohibits the legalization of persons: (1) convicted of a felony or three or more misdemeanors in the United States; or (2) who have taken part in political, religious, or racial persecution. Authorizes the Attorney General to terminate temporary resident status if an alien has not filed for adjustment to permanent status within 31 months. Directs the Attorney General, in cooperation with designated voluntary agencies and the Secretary of Labor, to disseminate information about such status legalization program. Authorizes appropriations for such program for FY 1983. Requires the President to report to Congress within 18 months on the impact of such program.
United States · United States Congress · 27 May 1982
Amends the Immigration and Nationality Act to prohibit an Immigration and Naturalization Service official or employee from entering a farm or agricultural operation without a warrant or the owner's consent.
United States · United States Congress · 12 May 1982
Amends the Immigration and Nationality Act to prohibit the Attorney General from setting the adverse effect wage rate (for temporary agricultural worker admissions) higher than the highest of the Federal or State minimum or the prevailing local wage.
United States · United States Congress · 6 May 1982
Amends the Immigration and Nationality Act to prohibit an Immigration and Naturalization Service official or employee from entering a farm or agricultural operation without a warrant.
United States · United States Congress · 6 May 1982
Expresses the sense of Congress that aliens illegally in the United States should not be given resident status.
United States · United States Congress · 29 April 1982
Amends the Immigration and Nationality Act to require that full cash and medical assistance be provided for a 36- month period in the case of a refugee who is under 25 and a high school (or equivalency) student. (Currently such benefits may, but need not, be paid up to 100 percent of State and local costs for any refugee during the first 36 months of U.S. residency.)
United States · United States Congress · 29 April 1982
Expresses the sense of Congress that: (1) refugees under the age of 25 who are in high school (or equivalency) should have full cash and medical assistance available for the first 36-month period of U.S. residency; and (2) the Director of the Social Security Administration in charge of such refugee assistance should not promulgate or enforce any contrary rule.
United States · United States Congress · 5 April 1982
Amends the Immigration and Nationality Act to establish the United States Asylum Commission and the National Advisory Council on Asylum and Refugee Policy. Revises existing asylum provisions. Authorizes appropriations.
United States · United States Congress · 23 March 1982
Grants posthumous honorary citizenship to Christopher Columbus.
United States · United States Congress · 17 March 1982
Immigration Reform and Control Act of 1982 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for a person to knowingly hire, recruit, or refer any alien not authorized to work. Makes following the appropriate verification procedures an affirmative defense for an employer so charged. Sets forth a transitional verification procedure (for the first three years) under which an employer must attest that he or she has examined the alien's identity and work eligibility papers (passport, social security card, etc.). Requires the President to implement a secure verification system within three years. Prohibits the use of this system or any required identification document for other law enforcement purposes. Sets forth graduated civil and criminal penalties for verification violations. Directs the Attorney General, in cooperation with the Secretaries of Commerce, Labor, and Agriculture, and the Administrator of the Small Business Administration, to inform employers, employment agencies, unions, and the public about these requirements. Authorizes appropriations for FY 1983. Makes it illegal to fraudulently misuse or manufacture entry or work documents (up to $5,000 fine or five years' imprisonment or both). Part B: Enforcement and Fees - Makes it unlawful for a person to knowingly or in reckless disregard of the fact that an alien is not authorized to enter the United States, bring such person into the country (up to $2,500 or one year's imprisonment or both). Expresses the sense of Congress that: (1) Immigration and Naturalization Service (INS) enforcement activities and resources should be increased; and (2) the Attorney General should use his existing authority under such Act to impose maintenance and operating fees for an alien's use of INS border facilities and services. Part C: Adjudication Procedures and Asylum Inspection and Exclusion - Establishes in the Department of Justice a United States Immigration Board to hear appeals from final decisions of administrative law judges under such Act. Provides that the Chairman of such Board shall appoint these administrative law judges. Grants such judges responsibility over cases of exclusion, deportation, status recission, and asylum. Requires exclusion appeals to be filed with the Board (rather than with the Attorney General) within 15 days. Limits judicial review in exclusion and asylum cases to the question of habeas corpus. Reduces the period for filing a petition for judicial review of final orders of exclusion, deportation, and asylum from six months to 30 days. Revises asylum provisions to: (1) require an alien under an exclusion or deportation order to apply for asylum within 14 days after notice of such order unless changed circumstances in the alien's country cause a change in asylum eligibility; (2) prohibit an alien from reapplying for asylum after having been denied such status unless such changes have occurred; (3) require asylum applications to be heard before administrative law judges having special training in international law; (4) permit legal counsel at asylum hearings; (5) require an alien to be an admissible refugee in order to be granted asylum; (6) place the burden of proof on the applicant; and (7) prohibit the reopening of an application proceeding unless changed circumstances in the alien's country cause a change in asylum eligibility. Requires the President to nominate members of the Board within 45 days. Sets forth administrative and operating provisions for the transfer of asylum proceedings from the existing special inquiry system to the administrative law judge system. Authorizes appropriations for such purpose for FY 1983. Part D: Adjustment of Status - Prohibits adjustment of status to permanent resident for violators of (nonimmigrant) visa terms. Title II: Reform of Legal Immigration - Part A: Immigrants - Revises numerical limitation provisions to: (1) establish a "family reunification" category of 325,000 (minus the number of prior-year immediate relatives); (2) establish an "independent" category of 100,000 (minus the number of prior-year special immigrants); and (3) permit 40,000 annual entrants each from Mexico and Canada, which each country entitled to the other's unused visas. Sets forth family reunification preference allocations as follows: (1) unmarried sons and daughters of U.S. citizens; (2) spouses and children of permanent residents; (3) married sons and daughters of U.S. citizens; and (4) brothers and sisters of U.S. citizens with already approved visas. Sets forth "independent" preference allocations as follows: (1) aliens of exceptional ability; (2) skilled workers; (3)) investors; (4) unskilled workers; and (5) nonpreference workers. Sets forth an interpreference allocation guide. Provides that labor certifications will be granted on the basis of national job market data, and requires a finding that U.S. workers could not be trained (or be presently available) within a reasonable period of time. Includes within the definition of "special immigrant" Amerasian children who: (1) are unmarried and between 14 and 21 years old; (2) were fathered by a U.S. citizen on active duty in Korea, Vietnam, Cambodia, or Laos, and subject to discrimination in such countries; (3) are orphans or have been put up for adoption; and (4) are coming to the United States to be adopted by a U.S. citizen or citizens. Limits such annual entrants to 2,000. Terminates such category after five years. Includes within the definition of "special immigrant" unmarried sons and daughters and surviving spouses of employees of certain international organizations. Part B: Nonimmigrants - Limits (H-2 visa) temporary workers to a maximum stay of eight months per year unless the Secretary of Labor extends such period. Requires an employer petition (to bring in such workers) to certify that: (1) there are not enough U.S. workers for the job; and (2) similarly employed U.S. workers' wages will not be adversely affected. Provides that: (1) employers need not submit such petition more than 80 days in advance of need; and (2) the Secretary must make a decision on a petition within 20 days of need, or else the petition is considered approved. Provides for a seven-day expedited certification. Requires the Secretary, in consultation with the Attorney General and the Secretary of Agriculture, to report annually to the Congress. Authorizes appropriations beginning with FY 1983 to recruit domestic workers and monitor the nonimmigrant worker program. Directs the Secretary of Labor to report on the H-2 worker program to Congress within six months. Prohibits foreign students from adjusting their status to permanent resident unless they are immediate relatives of U.S. citizens. Requires foreign students to return to their home country for two years before being eligible to apply for a U.S. permanent resident visa. Authorizes the Attorney General and the Secretary of State to establish a three-year pilot visa waiver program for up to five countries providing a similar benefit to the United States. Sets forth program provisions. Title III: Legalization - Authorizes adjustment of status to permanent resident for specified undocumented aliens who have resided in the United States since January 1, 1978. Authorizes a temporary resident status for Cuban/Haitian entrants and for specified undocumented aliens who have resided in the United States since January 1, 1980. Permits such temporary resident aliens to: (1) work in the United States; and (2) apply for permanent resident status after two years. Makes temporary residents (other than Cuban/Haitian entrants) ineligible for Federal public assistance (other than medical care, aid to the aged, blind, or disabled, and public health). Prohibits the legalization of persons: (1) convicted of a felony or three or more misdemeanors in the United States; or (2) who have taken part in political, religious, or racial persecution. Directs the Attorney General, in cooperation with designated voluntary agencies and the Secretary of Labor, to disseminate information about such status legalization program. Authorizes appropriations for such program for FY 1983.
United States · United States Congress · 17 March 1982
Refugee Assistance Amendments of 1982 - Amends the Immigration and Nationality Act to authorize appropriations through FY 1985 for refugee resettlement assistance. Limits State health authority notification requirements to those cases involving refugees with medical conditions affecting the public health. Eliminates: (1) the 60-day work registration grace period for refugee cash assistance; and (2) annual refugee assistance reporting requirements (beginning in FY 1983).
United States · United States Congress · 17 March 1982
Immigration Reform and Control Act of 1982 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for a person to knowingly hire, recruit, or refer any alien not authorized to work. Makes following the appropriate verification procedures an affirmative defense for an employer so charged. Sets forth a transitional verification procedure (for the first three years) under which an employer must attest that he or she has examined the alien's identity and work eligibility papers (passport, social security card, etc.). Requires the President to implement a secure verification system within three years. Prohibits the use of this system or any required identification document for other law enforcement purposes. Sets forth graduated civil and criminal penalties for verification violations. Directs the Attorney General, in cooperation with the Secretaries of Commerce, Labor, and Agriculture, and the Administrator of the Small Business Administration, to inform employers, employment agencies, unions, and the public about these requirements. Authorizes appropriations for FY 1983. Makes it illegal to fraudulently misuse or manufacture entry or work documents (up to $5,000 fine or five years' imprisonment or both). Part B: Enforcement and Fees - Makes it unlawful for a person to knowingly, or in reckless disregard of the fact that an alien is not authorized to enter the United States, bring such person into the country (up to $2,500 or one year's imprisonment or both). Expresses the sense of Congress that: (1) Immigration and Naturalization Service (INS) enforcement activities and resources should be increased; and (2) the Attorney General should use his existing authority under such Act to impose maintenance and operating fees for an alien's use of INS border facilities and services. Part C: Adjudication Procedures and Asylum Inspection and Exclusion - Establishes in the Department of Justice a United States Immigration Board to hear appeals from final decisions of administrative law judges under such Act. Provides that the Chairman of such Board shall appoint these administrative law judges. Grants such judges responsibility over cases of exclusion, deportation, status rescission, and asylum. Requires exclusion appeals to be filed with the Board (rather than the Attorney General) within 15 days. Limits judicial review in exclusion and asylum cases to the question of habeas corpus. Reduces the period for filing a petition for judicial review of final orders of exclusion, deportation, and asylum from six months to 30 days. Revises asylum provisions to: (1) require an alien under an exclusion or deportation order to apply for asylum within 14 days after notice of such order unless changed circumstances in the alien's country cause a change in asylum eligibility; (2) prohibit an alien from reapplying for asylum after having been denied such status unless such changes have occurred; (3) require asylum applications to be heard before administrative law judges having special training in international law; (4) permit legal counsel at asylum hearings; (5) require an alien to be an admissible refugee in order to be granted asylum; (6) place the burden of proof on the applicant; and (7) prohibit the reopening of an application proceeding unless changed circumstances in the alien's county cause a change in asylum eligibility. Requires the President to nominate members of the Board within 45 days. Sets forth administrative and operating provisions for the transfer of asylum proceedings from the existing special inquiry system to the administrative law judge system. Authorizes appropriations for such purpose for FY 1983. Part D: Adjustment of Status - Prohibits adjustment of status to permanent resident for violators of (nonimmigrant) visa terms. Title II: Reform of Legal Immigration - Part A: Immigrants - Revises numerical limitation provisions to: (1) establish a "family reunification" category of 325,000 (minus the number of prior-year immediate relatives); (2) establish an "independent" category of 100,000 (minus the number of prior-year special immigrants); and (3) permit 40,000 annual entrants each from Mexico and Canada, with each country entitled to the other's unused visas. Sets forth family reunification preference allocations as follows: (1) unmarried sons and daughters of U.S. citizens; (2) spouses and children of permanent residents; (3) married sons and daughters of U.S. citizens; and (4) brothers and sisters of U.S. citizens with already approved visas. Sets forth "independent" preference allocations as follows: (1) aliens of exceptional ability; (2) skilled workers; (3) investors; (4) unskilled workers; and (5) nonpreference workers. Sets forth an interpreference allocation guide. Provides that labor certifications will be granted on the basis of national job market data, and requires a finding that U.S. workers could not be trained (or be presently available) within a reasonable period of time. Includes within the definition of "special immigrant" Amerasian children who: (1) are unmarried and between 14 and 21 years old; (2) were fathered by a U.S. citizen on active duty in Korea, Vietnam, Cambodia, or Laos, and subject to discrimination in such countries; (3) are orphans or have been put up for adoption; and (4) are coming to the United States to be adopted by a U.S. citizen or citizens. Limits such annual entrants to 2,000. Terminates such category after five years. Includes within the definition of "special immigrant" unmarried sons and daughters and surviving spouses of employees of certain international organizations. Part B: Nonimmigrants - Limits (H-2 visa) temporary workers to a maximum stay of eight months per year unless the Secretary of Labor extends such period. Requires an employer petition (to bring in such workers) to certify that: (1) there are not enough U.S. workers for the job; and (2) similarly employed U.S. workers' wages will not be adversely affected. Provides that: (1) employers need not submit such petition more than 80 days in advance of need; and (2) the Secretary must take a decision on a petition within 20 days of need, or else the petition is considered approved. Provides for a seven-day expedited certification. Requires the Secretary, in consultation with the Attorney General and the Secretary of Agriculture, to report annually to the Congress. Authorizes appropriations beginning with FY 1983 to recruit domestic workers and monitor the nonimmigrant worker program. Directs the Secretary of Labor to report on the H-2 worker program to Congress within six months. Prohibits foreign students from adjusting their status to permanent resident unless they are immediate relatives of U.S. citizens. Requires foreign students to return to their home country for two years before being eligible to apply for a U.S. permanent resident visa. Authorizes the Attorney General and the Secretary of State to establish a three-year pilot visa waiver program for up to five countries providing a similar benefit to the United States. Sets forth program provisions. Title III: Legalization - Authorizes adjustment of status to permanent resident for specified undocumented aliens who have resided in the United States since January 1, 1978. Authorizes a temporary resident status for Cuban/Haitian entrants and for specified undocumented aliens who have resided in the United States since January 1, 1980. Permits such temporary resident aliens to: (1) work in the United States; and (2) apply for permanent resident status after two years. Makes temporary residents (other than Cuban/Haitian entrants) ineligible for Federal public assistance (other than medical care, aid to the aged, blind, or disabled, and public health). Prohibits the legalization of persons: (1) convicted of a felony or three or more misdemeanors in the United States; or (2) who have taken part in political, religious, or racial persecution. Directs the Attorney General, in cooperation with designated voluntary agencies and the Secretary of Labor, to disseminate information about such status legalization program. Authorizes appropriations for such program for FY 1983.
United States · United States Congress · 16 March 1982
Amends the Immigration and Nationality Act to permit retirees of certain international organizations and their families who have lived in the United States for specified periods of time to remain here upon termination of such employment.
United States · United States Congress · 9 March 1982
Expresses the sense of the Senate that the Secretary of State should recommend to the Attorney General that aliens who are nationals of El Salvador be granted extended voluntary departure status until they can reside safely in El Salvador.
United States · United States Congress · 9 March 1982
Immigration Court and Procedure Reform Act of 1982 - Amends the Immigration and Nationality Act to establish a United States Immigration Court. States that such Court shall consist of a 50 judge trial division and a seven judge appellate division. Sets forth jurisdictional provisions. Permits Supreme Court review of immigration appellate division decisions based on a writ of certiorari or on appeal from a holding declaring an Act of Congress unconstitutional. Sets forth appellate review procedures. Makes the asylum eligibility provisions consistent with parallel refugee provisions. Modifies asylum procedures to: (1) establish an "asylum officer" to conduct hearings in a nonadversarial setting; (2) permit aliens to have an attorney present in an advisory capacity; (3) make an asylum determination final; (4) put the burden of proof on the alien; (5) require asylum applications to be made within 14 days; (6) prohibit proceedings from being reopened unless there is a clear showing of changed circumstances in the applicant's country; and (7) permit the Attorney General to terminate an alien's asylum status if he or she is no longer a refugee as a result of changed circumstances in the home country. Gives exclusive judicial review responsibility in an asylum claim to the appellate division of the Immigration Court. Denies review under the Administrative Procedure Act. Makes conforming amendments to: (1) exclusion and deportation hearing and appeals provisions; and (2) certificate of identity provisions.
United States · United States Congress · 1 March 1982
Immigration Court and Procedure Reform Act of 1982 - Amends the Immigration and Nationality Act to establish a United States Immigration Court. States that such Court shall consist of a 50 judge trial division and a seven judge appellate division. Sets forth jurisdictional provisions. Permits Supreme Court review of immigration appellate division decisions based on a writ of certiorari or on appeal from a holding declaring an Act of Congress unconstitutional. Sets forth appellate review procedures. Makes the asylum eligibility provisions consistent with parallel refugee provisions. Modifies asylum procedures to: (1) establish an "asylum officer" to conduct hearings in a nonadversarial setting; (2) permit aliens to have an attorney present in an advisory capacity; (3) make an asylum determination final; (4) put the burden of proof on the alien; (5) require asylum applications to be made within 14 days; (6) prohibit proceedings from being reopened unless there is a clear showing of changed circumstances in the applicant's country; and (7) permit the Attorney General to terminate an alien's asylum status if he or she is no longer a refugee as a result of changed circumstances in the home country. Gives exclusive judicial review responsibility in an asylum claim to the appellate division of the Immigration Court. Denies review under the Administrative Procedure Act. Makes conforming amendments to: (1) exclusion and deportation hearing and appeals provisions; and (2) certificate of identity provisions.
United States · United States Congress · 25 February 1982
Amends the Immigration and Nationality Act to exempt American nationals residing in a State, territory, or possession from language and history naturalization requirements.
United States · United States Congress · 22 February 1982
Amends the Immigration and Nationality Act to allow preference visas to be given to an alien who: (1) requests such treatment; (2) was born after 1950 in Korea, Vietnam, Laos, or Thailand; (3) was fathered by an American serviceman; and (4) provides a guarantee of financial support. Stipulates that such guarantee must: (1) be signed by a citizen or lawful permanent resident who is at least 21 years old; and (2) provide that such signing sponsor will provide necessary financial support for five years. Allows the Attorney General to enforce such guarantee against the sponsor in a civil suit unless such sponsor dies or is adjudicated bankrupt.
United States · United States Congress · 9 February 1982
Permits the Federal Government to pay compensation to or employ citizens of the Northern Mariana Islands. Deems a citizen of the Islands to be a U.S. citizen for purposes of specified statutes relating to the uniformed services if such citizen declares, in writing, an intention to become a U.S. citizen upon full implementation of the Covenant to Establish a Commonwealth of the Northern Mariana Islands. Deems citizens of the Islands to be U.S. citizens for purposes of specified statutes relating to: (1) Federal employment; (2) protection and services in foreign countries; (3) commerce; (4) political and civil rights; and (5) Federal programs and benefits. Prohibits this Act from extending to the Islands any law not otherwise geographically applicable to or within the Islands. Deems citizens of the Islands to be U.S. citizens for purposes of any provision requiring U.S. citizenship in certain statutes applicable to the Islands.
United States · United States Congress · 9 February 1982
Amends the Immigration and Nationality Act to require (currently only allows) that Federal refugee assistance be provided for 100 percent (currently up to 100 percent) of certain refugee cash and medical assistance.
United States · United States Congress · 28 January 1982
Polish Refugee Act of 1982 - Declares that the Government of the United States should give special consideration to persons who have fled the political crisis in Poland. Amends the Immigration and Nationality Act to permit an unlimited number of Poles to enter the United States as refugees.
United States · United States Congress · 28 January 1982
Polish Refugee Act of 1982 - Declares that the Government of the United States should give special consideration to persons who have fled the political crisis in Poland. Amends the Immigration and Nationality Act to permit an unlimited number of Poles to enter the United States as refugees.
United States · United States Congress · 28 January 1982
Proclaims William Penn and Hannah Callowhill Penn as honorary citizens.