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51 records in US in 1985
United States · United States Congress · 19 December 1985
Polish Refugee Act of 1986 - Treats certain Polish citizens or nationals as refugees under the Immigration and Nationality Act for purposes of admission into the United States. Directs the Attorney General to assist such persons in applying for refugee status or asylum, as appropriate. Entitles such aliens to refugee assistance under such Act.
United States · United States Congress · 17 December 1985
Amends the Immigration and Nationality Act to exclude from nonimmigrant admission into the United States nationals from any foreign state with which the United States does not have diplomatic relations. Excludes nationals of Taiwan from such prohibition.
United States · United States Congress · 11 December 1985
Foreign Terrorist Exclusion Act of 1986 - Amends the Immigration and Nationality Act to exclude aliens who are members of or affiliated with terrorist organizations (as defined by this Act) from: (1) visa eligibility and admission into the United States; (2) temporary parole admission; and (3) transit through the United States as foreign officials. Authorizes the Attorney General to deport such aliens. Prohibits the Attorney General from granting such aliens voluntary departure or withholding of deportation. Removes specified diplomatic immunities from such aliens. Makes it a felony to knowingly aid such aliens to enter the United States. Amends the Foreign Agents Registration Act of 1938 to: (1) define terrorist organization for purposes of such Act; (2) direct the Attorney General to investigate the activities of any person registered under such Act as an agent of a terrorist organization; and (3) make such an agent who knowingly receives funds from such an organization criminally liable.
United States · United States Congress · 5 December 1985
Provides for the temporary stay (ending on January 1, 1990) of detention and deportation of specified Lebanese nationals and for their adjustment to permanent resident status.
United States · United States Congress · 21 November 1985
Immigration Control and Legalization Amendments Act of 1985 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for a person or other entity to: (1) hire, or recruit, or refer for a fee for U.S. employment any alien knowing that such person is unauthorized to work, or any person without verifying his or her work status; or (2) continue to employ an alien knowing of such person's unauthorized work status. Makes verification compliance an affirmative defense to any violation in the hiring or referral of an alien. Establishes an employment verification system. Requires: (1) the employer to attest, on a form developed by the Attorney General, that the employee's work status has been verified by examination of a passport, birth certificate, social security card, alien documentation papers, or other proof; (2) the worker to similarly attest that he or she is a U.S. citizen or national, or authorized alien; and (3) the employer to keep such records for the period required by regulation. Directs the Attorney General, in cooperation with the Secretaries of Labor and Health and Human Services, to establish a social security account number validation system. States that nothing in this Act shall be construed to authorize a national identity card or system. Subjects employers to citations, graduated civil penalties, injunctive remedies, or criminal penalties (pattern or practice violations) for hiring violations. (Subjects employers to monetary civil penalties for related paperwork violations.) Requires the Attorney General to provide notice and hearing opportunity. Permits judicial review of a final administrative penalty. Directs the Attorney General to file suit in U.S. district court to collect unpaid penalties. Makes it unlawful for an employer to require an employee to provide any type of financial guarantee or indemnity against any potential employment liability. Subjects violators, after notice and hearing opportunity, to civil penalties. States that such employer sanction provisions preempt State and local laws. Directs the Attorney General: (1) in cooperation with the Secretaries of Labor, Health and Human Services, Agriculture, Treasury, and Commerce, and the Administrator of the Small Business Administration, to disseminate program information for the first six months after enactment of this Act; and (2) to issue implementing regulations within seven months. States that no penalties shall be imposed for the first six months after enactment of this Act. Makes it an unfair immigration-related employment practice for an employer to discriminate against any individual (other than an unauthorized alien) with respect to hiring, or recruitment or referral for fee, because of such individual's origin or citizenship (or intended citizenship) status. Requires that complaints of violations of an immigration-related employment practice be filed with the Special Counsel for Immigration-Related Unfair Employment Practices (established by this Act) within the Department of Justice. Prohibits the overlap of immigration-related discrimination complaints and discrimination complaints filed with the Equal Employment Opportunity Commission. Authorizes the Special Counsel to investigate complaints and to determine whether to bring such complaints before a specially trained administrative law judge. Permits private actions if the Special Counsel does not file a complaint within a specified time. Amends the Migrant and Seasonal Agricultural Worker Protection Act to subject farm labor contractors to the requirements of this Act, beginning seven months after enactment. Makes it illegal to fraudulently misuse or manufacture entry or work documents (up to a $5,000 fine or two years' imprisonment or both). Part B: Improvement of Enforcement and Services - States that essential elements of the immigration control and reform program established by this Act are increased enforcement and administrative activities of the Border Patrol, the Immigration and Naturalization Service (INS), and other appropriate Federal agencies. Authorizes increased FY 1986 and 1987 appropriations for: (1) INS; and (2) the Executive Office of Immigration Review. Directs the Attorney General, from funds appropriated to the Department of Justice for INS, to provide for improved immigration and naturalization services and for enhanced community outreach and in-service personnel training. Directs the Attorney General to report to the appropriate congressional committees regarding the INS's data processing requirements. Sets forth related equipment acquisition requirements. Revises the criminal penalties for the unlawful transportation of unauthorized aliens into the United States. Directs the Attorney General to develop a contingency plan to provide for the allocation and management of personnel and resources in the event of an immigration emergency. Establishes an immigration emergency fund to be used in accordance with such plan. Authorizes appropriations. Prohibits the use of such funding unless the President has certified to the appropriate congressional committees that an emergency exists. Requires INS to have an owner's consent or a warrant before entering a farm or outdoor operations to interrogate persons to determine if undocumented aliens are present. Part C: Verification of Status Under Certain Programs - Requires States to verify the immigration status of aliens applying for the following benefits: (1) aid to families with dependent children, medicaid, unemployment compensation, food stamps, and supplemental security income under the Social Security Act; (2) specified housing assistance under the Housing and Community Development Act of 1980; and (3) title IV educational assistance under the Higher Education Act of 1965. Provides 90 percent matching funds for the nonlabor costs of implementing and operating such verification programs. Requires: (1) INS to implement such verification program by October 1, 1987; and (2) States to implement such program by October 1, 1988. Title II: Legalization - Directs the Attorney General to adjust to temporary resident status those aliens who: (1) apply within 18 months; (2) establish that they entered the United States before January 1, 1982, and have resided here continuously in an unlawful status (including Cuban/Haitian entrants) since such date; and (3) are otherwise admissible. Authorizes similar status adjustment for specified aliens who entered legally as nonimmigrants but whose period of authorized stay ended before January 1, 1982. (States that in the case of exchange visitors the two-year foreign residence requirement must have been met or waived.) 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. Requires an alien applying for temporary resident status to register under the Military Selective Service Act, if such Act so requires. Directs the Attorney General to adjust the status of temporary resident aliens to permanent resident if the alien: (1) applies during the one-year period beginning with the 13th month following the grant of temporary resident status; (2) has established continuous residence in the United States since the grant of temporary resident status; (3) is otherwise admissible and has not been convicted of a felony or three or more misdemeanors committed in the United States; and (4) either meets the minimum requirements for an understanding of English and a knowledge of American history and government, or demonstrates the satisfactory pursuit of a course of study in these subjects. Specifies circumstances in which the Attorney General may terminate an alien's temporary resident status. Provides additional guidelines for dealing with temporary resident aliens. Requires the Attorney General to work with designated voluntary agencies to: (1) disseminate program information; and (2) process such aliens. Provides criminal penalties for false application statements. 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 provide an alien, otherwise eligible but unregistered who is apprehended before the end of the application period, an opportunity to apply for the legalization program before deportation or exclusion proceedings are begun. States that such alien shall be authorized to work in the United States pending disposition of the case. Provides for administrative and judicial review of a determination respecting an application for adjustment of status under this Act. Makes legalized aliens (other than Cuban/Haitian entrants) ineligible for Federal financial assistance, Medicaid, or food stamps for five years following a grant of temporary resident status and for five years following a grant of permanent resident status (permits medical assistance, aid to the aged, blind, or disabled, and public health assistance). States that programs authorized under the National School Lunch Act, the Child Nutrition Act of 1966, the Vocational Education Act of 1963, chapter 1 of the Education Consolidation and Improvement Act of 1981, the Headstart-Follow Through Act, the Job Training Partnership Act, subparts 4 and 5 of part A of title IV of the Higher Education Act of 1965, the Public Health Service Act, and title V of the Social Security Act shall not be construed as prohibited assistance. Continues assistance to aliens under the Refugee Education Assistance Act of 1980 without regard to adjustment of status. Preempts certain State social security plan requirements to the extent necessary to carry out this Act. Requires the Attorney General to broadly disseminate in English and other appropriate languages information on the legalization program regarding benefits. Establishes procedures for the status adjustment to permanent resident of certain Cuban and Haitian entrants who arrived in the United States before January 1, 1982. Updates from June 30, 1948, to January 1, 1976, the registry date for permanent entry admissions records. Authorizes FY 1987 through 1991 appropriations for State legalization impact assistance grants. Directs the Secretary, subject to appropriated funds, to provide States with: (1) full reimbursement for public assistance provided to eligible legalized aliens; and (2) payments for educational services to such aliens to the extent that such services are otherwise available to State residents. Title III: Reform of Legal Immigration - Part A: Temporary Agricultural Workers - Separates temporary agricultural labor from other temporary labor for purposes of nonimmigrant (H-2A visa) worker provisions. Requires an employer H-2A 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 and working conditions will not be adversely affected. Authorizes 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 employer violated temporary worker admissions terms; or (3) in a case where such workers are not covered by State workers' compensation laws, the employer has not provided equivalent protection at no cost to such workers. Provides with regard to agricultural worker applications that: (1) the Secretary may not require such an application to be filed more than 60 days before needed; (2) the employer shall be notified in writing within seven days if such an application requires perfecting; (3) the Secretary shall approve an acceptable application not later than 20 days before needed; (4) the employer shall provide housing and travel and subsistence assistance; and (5) the employer shall pay not less than the adverse effect rate for such occupation which shall be at least the minimum wage. Permits agricultural producer associations to file H-2A petitions. Provides for expedited administrative appeals of denied certifications. Prohibits the entry of aliens as H-2A workers: (1) for longer than the period determined under regulations; and (2) if the alien has violated a term of admission within the previous five years. Authorizes permanent appropriations beginning with FY 1987 for the purposes of: (1) recruiting domestic workers for temporary labor and services which might otherwise be performed by nonimmigrants and agricultural transition workers; and (2) monitoring terms and conditions under which such individuals are employed. Authorizes permanent appropriations beginning in FY 1987 to enable the Secretary of Labor to make determinations and certifications. Expresses the sense of the Congress that the President should establish an advisory commission to consult with Mexico and other appropriate countries and advise the Attorney General regarding the temporary worker program. States that specified agricultural workers shall be eligible for legal assistance under the Legal Services Corporation Act. Part B: Other Changes in the Immigration Law - Increases the annual colonial quota from 600 visas to 3000 visas. Requires foreign students to return to the country of their nationality for at least two years after completing their studies before petitioning to return to the United States. Sets forth conditions for the waiver of such requirement. Declares aliens who have obtained certain advanced degrees, or are training for such degrees, eligible for educational visitor status. Prohibits non-waiver students from adjusting to permanent resident status. States that time spent in student or trainee status shall not count for purposes of eligibility for suspension of deportation. Includes within the definition of "special immigrant": (1) unmarried sons and daughters and surviving spouses of employees of certain international organizations; and (2) specified retirees of such organizations ("I" status) and their spouses. Grants nonimmigrant status to: (1) parents and children receiving "I" status while they are minors; and (2) other children of such parents or a surviving "I" status spouse. Authorizes the three-year pilot visa waiver program for up to eight countries providing similar benefits to U.S. visitors. Requires such visitors to the United States to: (1) have a nonrefundable roundtrip ticket; and (2) stay in the United States for not more than 90 days. Includes the relationship between an illegitimate child and its natural father within the definition of "child" for purposes of status, benefits, or privilege under such Act. States that for suspension of deportation purposes, an alien shall not be considered to have failed to maintain continuous physical presence in the United States if the absence did not meaningfully interrupt the continuous physical presence. Title IV: Reports to Congress - Directs the President to report to the appropriate congressional committees on: (1) general legal admissions under the Immigration and Nationality Act; (2) unlawful employment of aliens; and (3) the temporary agricultural worker (H-2A) program. Directs the Civil Rights Commission to monitor and report to such committees on the implementation and enforcement of provisions of this Act that result in unlawful discrimination. Directs the President to make two reports to the Congress on the legalization program established by this Act. Directs the Attorney General and the Secretary of State to jointly monitor the visa waiver program established by this Act, and report to the Congress within two years. Title V: State and Local Assistance for Incarceration Costs of Illegal Aliens and Certain Cuban Nationals - Directs the Attorney General to reimburse States and local jurisdictions for the costs incurred in incarcerating illegal aliens and Cuban nationals. Authorizes appropriations.
United States · United States Congress · 21 November 1985
Commission to Investigate Federal Involvement with the Immigration of Nazi Collaborators Act - Establishes the Commission to Investigate Federal Involvement with the Immigration of Nazi Collaborators to: (1) investigate any efforts made by the Government or Federal officials to assist Nazi war criminals and Axis collaborators in entering the United States; and (2) report to the President and the Congress within 18 months of the Commission's first meeting. Terminates the Commission 90 days after submission of such report. Authorizes appropriations.
United States · United States Congress · 13 November 1985
Humane Treatment of Immigrant Children Act of 1985 - Prohibits the Immigration and Nationality Service from holding an innocent minor dependent of an alien held for deportation in a place separate from such child's parents or in a criminal environment. Permits an injured person to sue or seek injunctive relief from the Government, and in the same action recover punitive damages from a person acting under governmental authority.
United States · United States Congress · 12 November 1985
Amends the Immigration and Nationality Act to establish a three-year conditional permanent resident status for certain alien spouses and their sons and daughters. Subjects such aliens to exclusion if the Attorney General determines within such three-year period that: (1) the marriage was entered into to procure the alien's admission into the United States, or such marriage has been terminated; (2) consideration was paid to secure such marriage; or (3) the parties have not maintained a bona fide marital relationship. Establishes a criminal penalty for marriage fraud. Prohibits status adjustment during such conditional permanent resident period. Requires a couple to have previously met in person and speak a common language in order to receive a "K" (fiance) visa.
United States · United States Congress · 7 November 1985
Expresses the sense of the House of Representatives that the President should: (1) protect the human rights of Miroslav Medvid by not allowing his removal from the United States until a complete investigation can determine whether he has been accorded all rights due him as a possible defector, and until he is accorded such rights; (2) Mr. Medvid is afforded an interview on U.S. soil, with an interpreter fluent in Ukrainian, in an environment free of intimidation and without the presence of Soviet authorities so that he may freely decide whether to restate and have granted his initial asylum request; and (3) pursue an active and impartial investigation into the Medvid case in order to avoid a similar situation in the future.
United States · United States Congress · 6 November 1985
Confers U.S. citizenship posthumously upon Rudolph Salli.
United States · United States Congress · 6 November 1985
Expresses the sense of the House of Representatives that: (1) the President should protect the human rights of Miroslav Medvid by not allowing his removal from the United States until a complete investigation can determine whether he has been accorded all rights due him as a possible defector, and until he is accorded such rights; (2) the President should ensure that Mr. Medvid is afforded an interview on U.S. soil, with an interpreter fluent in Ukrainian, in an environment free of intimidation and without the presence of Soviet authorities so that he may freely decide whether to restate and have granted his initial asylum request; (3) all Federal agencies involved in the handling of Mr. Medvid's case should review their policies regarding political asylum; (4) the Immigration and Naturalization Service should establish clear rules and procedures designed to prevent the forced return of a person seeking political asylum; and (5) the Attorney General should pursue an active investigation in the Medvid case in order to avoid a similar situation in the future.
United States · United States Congress · 1 November 1985
Amends the Immigration and Nationality Act to permit the owner or operator of an international bridge or toll road to request the Attorney General to inspect and approve measures taken to prevent aliens from illegally crossing into the United States. States that such approved measures shall be prima facie evidence of compliance with obligations under such Act to prevent illegal entries.
United States · United States Congress · 11 October 1985
Requires the written application for a passport to contain the social security account number of the applicant.
United States · United States Congress · 10 October 1985
States that a person shall be considered an American national if such person completes 15 years of lawful continuous residence in the United States or American Samoa, and one of his or her parents was a national of the United States and a resident of the United States or American Samoa at the time of that person's birth.
United States · United States Congress · 18 September 1985
Amends the Immigration and Nationality Act to provide special immigrant status for certain Western Hemisphere resident aliens ("Silva class") issued immigrant visa priority dates between June 30, 1968, and January 1, 1977. Waives specified grounds for exclusion. Permits such aliens to adjust to permanent resident status.
United States · United States Congress · 17 September 1985
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: (I) general; (II) immigration; (III) citizenship and nationality; (IV) passports and travel control; and (V) refugees and immigrant programs. 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 procedural provisions. Subtitle II: Immigration - Sets forth provisions respecting: (1) immigrant 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; (3) international participation and emergency assistance; and (4) educational assistance.
United States · United States Congress · 10 September 1985
Amends the Immigration and Nationality Act to provide that the number of diplomatic visas issued to Soviet citizens or nationals shall not equal or exceed the number of similar visas issued to U.S. citizens or residents by the Soviet Union during the preceding 12 months.
United States · United States Congress · 9 September 1985
Expresses the sense of the Congress that no immigration reform proposal should be adopted that provides temporary or permanent lawful resident status for aliens illegally in the United States.
United States · United States Congress · 4 September 1985
Amends the Immigration and Nationality Act to provide for the temporary admission into the United States of the operators of motor common carriers of passengers.
United States · United States Congress · 1 August 1985
United States Immigration Court Act of 1985 - Amends the Immigration and Nationality Act to establish a United States Immigration Court, consisting of a 70-judge trial and a six-judge appellate division. Sets forth jurisdictional provisions and appellate review procedures. Grants jurisdiction to the Court of Appeals for the Federal Circuit to review immigration matters such as deportation, exclusion, and asylum. Provides for exclusion without hearing under specified circumstances. Permits any alien physically present in the United States or at a land border or port of entry to apply for asylum unless exclusion or deportation proceedings have been instituted. Prescribes conditions under which asylum shall be considered even where exclusion or deportation proceedings have been instituted. Provides for a public asylum hearing and requires aliens to be advised of right of counsel. Sets forth effective dates and transition procedures.
United States · United States Congress · 1 August 1985
Confers U.S. citizenship on Mrs. Mary Josephine Kaskiewicz, posthumously.
United States · United States Congress · 25 July 1985
Immigration Control and Legalization Amendments Act of 1985 - Title I: Control of Illegal Immigration - Amends the Immigration and Nationality Act to make it unlawful for a person or other entity to: (1) hire, or recruit, or refer for a fee for U.S. employment any alien knowing that such person is unauthorized to work, or any person without verifying his or her work status; or (2) continue to employ an alien knowing of such person's unauthorized work status. Makes verification compliance an affirmative defense to any violation in the hiring or referral of an alien. Applies the sanctions under this Act to employers of four or more employees. Establishes an employment verification system. Requires: (1) the employer to attest, on a form developed by the Attorney General, that the employee's work status has been verified by examination of a passport, birth certificate, social security card, alien documentation papers, or other proof; (2) the worker to similarly attest that he or she is a U.S. citizen or national, or authorized alien; and (3) the employer to keep such records for the period required by regulation. Sets forth penalties for unlawful employment of unauthorized aliens. Makes it an unfair immigration-related employment practice for an employer of four or more employees to discriminate against any individual (other than an unauthorized alien) with respect to hiring, or recruitment or referral for fee, because of such individual's origin or citizenship status. Requires that complaints of violations of an immigration-related employment practice be filed with the Special Counsel for Immigration-Related Unfair Employment Practices (established by this Act) within the Department of Justice. Prohibits the overlap of immigration-related discrimination complaints and discrimination complaints filed with the Equal Employment Opportunity Commission. Authorizes the Special Counsel to investigate complaints and to determine whether to bring such complaints before a specially trained administrative law judge. Provides for the conduct of hearings, orders as determined by an administrative law judge, and review of such orders in accordance with provisions of the National Labor Relations Act. Directs the Attorney General to disseminate information to employers and the public regarding provisions of this title. Directs the Attorney General to conduct a three-year demonstration project to determine a method to validate the social security account numbers of employment applicants and report to the appropriate congressional committees on its results. Amends the Migrant and Seasonal Agricultural Worker Protection Act to subject farm labor contractors to the requirements of this Act, beginning seven months after enactment. Makes it illegal to fraudulently misuse or manufacture entry or work documents (up to $5,000 fine or two years' imprisonment or both). States that two essential elements of the immigration control and reform program established by this Act are increased enforcement and service activities of the border patrol of the Immigration and Naturalization Service (INS), and other appropriate Federal agencies. Authorizes supplemental appropriations to the Department of Justice for: (1) the Immigration and Naturalization Service for FY 1986 and 1987; and (2) the Executive Office of Immigration Review for FY 1986 and 1987. Requires that funds provided for the INS be used to improve immigration and naturalization services and for enhanced community outreach and in-service training of personnel. Revises the criminal penalties for the unlawful transportation of unauthorized aliens into the United States. Directs the Attorney General to develop a contingency plan to provide for the allocation and management of personnel and resources in the event of an immigration emergency. Establishes an immigration emergency fund to be used in accordance with such plan. Authorizes appropriations. Prohibits the use of such funding unless the President has certified to the appropriate congressional committees that an emergency exists. Requires INS to have an owner's consent or a warrant before entering a farm or outdoor operations to interrogate persons to determine if undocumented aliens are present. Title II: Legalization - Authorizes the Attorney General to adjust to temporary resident status those aliens who: (1) apply within 18 months; (2) establish that they entered the United States before January 1, 1982, and have resided here continuously in an unlawful status (including Cuban/Haitian entrants) since such date; and (3) are otherwise admissible. Authorizes similar status adjustment for specified aliens who entered legally as nonimmigrants but whose period of authorized stay ended before January 1, 1982. (States that in the case of exchange visitors the two-year foreign residence requirements must have been met or waived.) 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. Requires an alien applying for temporary resident status to register under the Military Selective Service Act, if such Act so requires. Authorizes the Attorney General to adjust the status of temporary resident aliens to permanent resident if the alien: (1) applies during the one-year period beginning with the 13th month following the grant of temporary resident status; (2) established continuous residence in the United States since the grant of temporary resident status; (3) is otherwise admissible and has not been convicted of a felony or three or more misdemeanors committed in the United States; and (4) either meets the minimum requirements for an understanding of English and a knowledge of American history and government, or demonstrates the satisfactory pursuit of a course of study in these subjects. Specifies circumstances in which the Attorney General may terminate an alien's temporary resident status. Provides additional guidelines for dealing with temporary resident aliens. Requires the Attorney General to work with designated voluntary agencies to: (1) disseminate program information; and (2) process such aliens. Provides criminal penalties for false application statements. 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 provide an alien otherwise eligible but unregistered who is apprehended before the end of the application period, an opportunity to apply for the legalization program before deportation or exclusion proceedings are begun. States that such alien shall be authorized to work in the United States pending disposition of the case. Provides for administrative and judicial review of a determination respecting an application for adjustment of status under this Act. Makes legalized aliens (other than Cuban/Haitian entrants) ineligible for Federal financial assistance, Medicaid, or food stamps for five years following a grant of temporary resident status and for five years following a grant of permanent resident status (permits medical assistance, aid to the aged, blind, or disabled, and public health assistance). States that programs authorized under the National School Lunch Act, the Child Nutrition Act of 1966, the Vocational Education Act of 1963, chapter 1 of the Education Consolidation and Improvement Act of 1981, the Headstart-Follow Through Act, the Job Training Partnership Act, subparts 4 and 5 of part A of title IV of the Higher Education Act of 1965, the Public Health Service Act, and title V of the Social Security Act shall not be construed as prohibited assistance. Continues assistance to aliens under the Refugee Education Assistance Act of 1980 without regard to adjustment of status. Preempts certain State social security plan requirements to the extent necessary to carry out this Act. Requires the Attorney General to broadly disseminate in English and other appropriate languages information on the legalization program regarding benefits. Establishes procedures for the status adjustment to permanent resident of certain Cuban and Haitian entrants who arrived in the United States before January 1, 1982. Authorizes appropriations for FY 1987 through 1991 for State legalization impact assistance grants. Declares the purpose of such grants to provide public and educational assistance to newly legalized aliens to the extent such assistance is available to citizens of the State. Describes required reports, statements, and audits respecting State eligibility for such grants. Title III: Reform of Legal Immigration - Separates temporary agricultural labor from other temporary labor for purposes of nonimmigrant (H-2A visas) worker provisions. Requires an employer H-2A 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 and working conditions will not be adversely affected. Authorizes 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 employer violated temporary worker admissions terms; or (3) in a case where such workers are not covered by State workers' compensation laws, the employer has not provided equivalent protection at no cost to such workers. Provides with regard to agricultural worker applications that: (1) the Secretary may not require such an application to be filed more than 60 days before needed; (2) the employer shall be notified in writing within seven days if such an application requires perfecting; (3) the Secretary shall approve an acceptable application not later than 20 days before needed; and (4) employers may provide payment of a reasonable housing allowance in lieu of furnishing housing. Permits agricultural producer associations to file H-2A petitions. Provides for expedited administrative appeals of denied certifications. Prohibits the entry of aliens as H-2A workers: (1) for longer than the period determined under regulations; and (2) if the alien has violated a term of admission within the previous five years. Authorizes permanent appropriations for the purposes of: (1) recruiting domestic workers for temporary labor and services which might otherwise be performed by nonimmigrants and agricultural transition workers; and (2) monitoring terms and conditions under which such individuals are employed. Authorizes permanent appropriations to enable the Secretary of Labor to make determinations and certifications. Directs the Attorney General, in consultation with the Secretaries of Labor and Agriculture, to establish a three-year agricultural labor transition program. Provides that the number of undocumented agricultural workers be reduced by one-third for each of the three years. Provides such transitional workers with the same benefits and protections as other migrant and seasonal workers. Sets forth employer participation requirements. Increases the colonial quota from 600 to 3,000. Requires foreign students to return to the country of their nationality for at least two years after completing their studies before petitioning to return to the United States. Sets forth conditions for the waiver of such requirement. Declares aliens who have obtained certain advanced degrees, or are training for such degrees, eligible for educational visitor status. Prohibits non-waiver students from adjusting to permanent resident status. States that time spent in student or trainee status shall not count for purposes of eligibility for suspension of deportation. Includes the relationship between an illegitimate child and its natural father within the definition of "child" for purposes of status, benefits, or privilege under such Act. States that for suspension of deportation purposes, an alien shall not be considered to have failed to maintain continuous physical presence in the United States if the absence did not meaningfully interrupt the continuous physical presence. Title IV: Reports to Congress - Requires the President to report to the appropriate congressional committees on: (1) general legal admissions under the Immigration and Nationality Act; (2) unlawful employment of aliens; (3) the agricultural transition program; and (4) the temporary agricultural worker (H-2A) program. Directs the Civil Rights Commission to monitor and report to such committees on the implementation and enforcement of provisions of this Act that result in unlawful discrimination. Requires the President to make two reports to the Congress on the legalization program established by this Act.
United States · United States Congress · 8 July 1985
Amends the Immigration and Nationality Act to exempt from the naturalization English language requirement any person who: (1) is at least 65 years old; (2) has lived in the United States for at least five years; and (3) has made diligent efforts to learn English.
United States · United States Congress · 27 June 1985
Amends title VI (International Education Programs) of the Higher Education Act of 1965 to add a new part C, National Migration Studies Centers. (Redesignates the current part C as part D of such title.) Authorizes the Secretary of Education to make grants to institutions of higher education, or combinations of such institutions, to establish, strengthen, and operate centers to increase access to research and training in migration studies of the United States and other nations. Sets forth authorized activities for such centers and authorized uses for such grants, including funds for stipends to individuals undergoing training in such centers, with allowances for dependents and for travel for research and study in the United States and abroad.
United States · United States Congress · 21 June 1985
Amends the Immigration and Nationality Act to provide for posthumous naturalization by reason of death while on active-duty service in the armed forces during periods of military hostilities.
United States · United States Congress · 19 June 1985
Expresses the sense of the Senate that the Cuban Government is thwarting the human rights of Cubans and suspending an agreement which benefits both the Cuban Government and its people and the United States Government and its people by suspending immigration privileges in retaliation for uncensored news (Radio Marti) to Cuba.
United States · United States Congress · 13 June 1985
Amends the Immigration and Nationality Act to exempt from the naturalization English language requirement any person who: (1) is at least 65 years old; (2) has lived in the United States for at least five years; and (3) has made diligent efforts to learn English.
United States · United States Congress · 12 June 1985
Amends the Immigration and Nationality Act to provide that a person born outside the United States and its possessions to mixed alien and citizen parents shall be a U.S. citizen at birth if the citizen parent was physically present in the United States or its possessions for two years in the aggregate (presently must have been present for ten years, at least five of which were after attaining the age of 14 years). Provides that a child who is under 18 years old at the time of enactment of this Act, and whose parents fulfilled the two-year requirement at the time of the child's birth, shall be a U.S. citizen.
United States · United States Congress · 7 June 1985
Refugee Assistance Extension Act of 1985 - Amends the Immigration and Nationality Act to authorize FY 1986 and 1987 appropriations for refugee assistance. Requires an agency receiving initial resettlement grants to: (1) provide quarterly performance and finance reports; (2) notify local welfare offices when a refugee is offered employment; (3) notify, upon request, local welfare offices of any cash assistance provided directly by such agency to a refugee; (4) assure that refugees with medical conditions affecting the public health report to the appropriate health agency in their resettlement area; and (5) fulfill its responsibility to provide the basic needs of each refugee. Requires the Federal agency administering the program of initial resettlement to establish criteria for the performance of agencies receiving such grants. Provides cash and medical assistance for refugees who would otherwise be eligible for aid to families with dependent children or medical assistance under title XIX (Medicaid) of the Social Security Act. Terminates refugee cash assistance for three months for refusal to accept employment (six months for subsequent refusals). Prohibits: (1) such cash or medical assistance grants from being given as block or consolidated grants; or (2) the Director from delegating grant review or approval authority to the States or their political subdivisions. Permits per capita grants to be made available to States if requested and used for demonstration projects. Directs the Attorney General to pay compensation to States and counties for costs incurred in incarcerating certain Cuban nationals who were allowed U.S. entry in 1980 and who were subsequently convicted of violating State or county law.
United States · United States Congress · 7 June 1985
Refugee Assistance Amendments of 1985 - Amends the Immigration and Nationality Act to authorize FY 1986 and 1987 appropriations under such Act and under the Refugee Education Assistance Act of 1980. States that an agency receiving a refugee assistance resettlement grant or contract shall be responsible for a refugee's subsistence needs during the initial 90-day resettlement period. Limits the number of refugees covered by the annual congressional report.
United States · United States Congress · 23 May 1985
Immigration Reform and Control Act of 1985 - Title I: Control of Illegal Immigration - Part A: Funding for Improved Enforcement - Expresses the sense of the Congress that resources should be increased for: (1) border patrol and other enforcement activities; and (2) examinations and other Immigration and Naturalization Service (INS) service activities. Amends the Immigration and Nationality Act to authorize FY 1986 and 1987 INS appropriations. Expresses the sense of the Congress that: (1) U.S. immigration laws should be vigorously and uniformly enforced; and (2) in so doing the rights and safety of U.S. citizens and aliens should be safeguarded. Authorizes additional appropriations to the Department of Labor for enforcement activities of the Wage and Hour Division and the Office of Contract Compliance. Authorizes alien user fees with respect to INS facilities and services. Part B: Increased Penalties for Immigration-Related Violations - Makes it unlawful to: (1) bring an alien into the United States knowing, or in reckless disregard of the fact, that such alien has not received prior authorization to enter the country; and (2) fraudulently misuse or manufacture entry or work documents. Prohibits adjustment of status to permanent resident for violators of (nonimmigrant) visa terms. Part C: Control of Unauthorized Employment of Aliens - Makes 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 the following of the verification procedure set forth in this Act an affirmative defense to any unlawful hiring charge. Sets forth such verification system. Requires an employer of four or more persons to attest, under penalty of perjury, that he or she has examined an employee's identification and work authorization papers. Requires an employee to attest, under penalty of perjury, to his or her citizenship or legal work status. Requires an employer to keep verification forms for: (1) three years in the case of referral or recruitment; or (2) the later of three years or one year after employment termination in the case of hiring. Directs the President to monitor and evaluate such verification system, and implement changes as necessary within 60 days after notifying the appropriate congressional committees (within two years for a major change). Authorizes demonstration projects. Prohibits the use of such system or any required identification document for other law enforcement purposes. Sets forth graduated civil penalties and cease and desist orders for verification violations. Provides for: (1) private party complaints; and (2) a six-month warning period. Separates temporary agricultural labor ("N" visa) from other temporary labor for purposes of nonimmigrant worker provisions. Requires an employer 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 a petition if: (1) the job is open because of a strike or lock-out; or (2) the employer has violated previous certification terms within the past two years. Provides with regard to temporary agricultural workers that: (1) employers need not submit such petition more than 65 days in advance of need; (2) the Secretary must notify an employer if there is a petition error within 14 days; (3) the Secretary must decide on a petition within 20 days of need; (4) producer associations may file such petitions; and (5) the Secretary shall establish expedited procedures for review of denied petitions or de novo administrative hearings. Disqualifies from such program an alien who within the past five years has violated a condition of a previous temporary worker admission. Authorizes the transfer of such workers among employers. Authorizes appropriations beginning with FY 1986 to recruit domestic workers and monitor such program. Prohibits such alien workers from adjusting their status to permanent resident. Directs the Attorney General in consultation with the Secretaries of Agriculture and Labor to approve program regulations. Establishes a three-year agricultural labor transition program whereby certain undocumented seasonal agricultural workers may continue to be employed. Reduces the number of such workers by one-third during each of the three years. Establishes a 12-member agricultural worker commission to review and report to the Congress within two years on U.S. agricultural labor programs. Authorizes appropriations. Terminates such commission 27 months after the effective date of this Act. Title II: Legalization of Status - Establishes a 16-member Select Commission on Legalization to monitor and review: (1) the border review and other Federal enforcement programs; and (2) Federal programs aimed at eliminating the employment of unauthorized aliens. Requires annual reports to the Congress beginning within one year after a majority of the Commission's members are appointed. Terminates such Commission upon the effective date of the legalization program, except that it may continue to function for up to 90 days in order to conclude its activities. Authorizes temporary resident status for: (1) illegal aliens who have been physically present in the United States since before January 1, 1980; or (2) Cuban/Haitian entrants granted special status prior to January 1, 1981. Authorizes persons granted such temporary status to adjust to permanent resident status three years after receiving temporary status. Requires a demonstration of basic citizenship skills. Requires aliens to apply for temporary legalization status within a 12-month period beginning 90 days after such program becomes effective. Permits such temporary residents to: (1) travel abroad; and (2) work in the United States. Authorizes the use of qualified organizations approved by the Attorney General to assist in program implementation and outreach. Provides penalties for false application statements. Establishes a legalization fee of at least $100. Requires that corroborated employment information be submitted with the legalization application. Prohibits legalization of an alien who: (1) has been convicted of a felony or three or more misdemeanors in the United States; (2) has been convicted of a crime of moral turpitude or a drug offense other than possession of less than 30 grams of marijuana; (3) is a threat to the security or welfare of the United States; or (4) has assisted in political, religious, or racial persecution, including the Nazi persecutions. Permits waiver of residency requirements to avoid situations of family hardship. Makes legalized temporary residents (other than Cuban/Haitian entrants) and permanent resident for the first three years ineligible for Federal public assistance. Directs the Attorney General, in cooperation with designated agencies and the Secretary of Labor, to disseminate program information. Authorizes specified appropriations for three years for reimbursement of State legalization costs. Bases distribution among the States on: (1) the number of legalized aliens within the State; (2) the ratio of such aliens to the number of State residents; (3) the amount of a State's estimated program expenditures; and (4) the ratio of a State's program expenditures to the total expenditure of all States. Requires States to submit annual program reports to the Secretary of Health and Human Services. Title III: Other Changes in the Immigration Law - Increases the annual colonial quota from 600 to 3,000 visas. Authorizes the three-year pilot visa waiver program for up to eight countries providing similar benefits to U.S. visitors. Requires such visitors to the United States to: (1) have a nonrefundable roundtrip ticket; and (2) stay in the United States for not more than 90 days. Includes within the definition of "special immigrant" unmarried sons and daughters and surviving spouses of employees of certain international organizations ("I" status). Grants nonimmigrant status to: (1) parents and children receiving "I" status while they are minors; and (2) other children of such parents or a surviving "I" status spouse. Title IV: Reports - Directs the President to transmit to the Congress: (1) not later than January 1, 1987, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report; and (2) annual reports for five years on unauthorized alien employment and discrimination in employment. Directs the Comptroller General to report annually for five years to the Congress and to the task force (as provided for by this Act) on the impact of the employer sanctions program. Directs the Attorney General jointly with the Chairman of the Civil Rights Commission and the Chairman of the Equal Employment Opportunity Commission, to establish a task force to review the Comptroller General's report. Directs the Attorney General and the Secretary of State to jointly monitor the pilot visa waiver program and report to the Congress within two years. Directs the President to submit to the Congress an initial and a second report (three years after the first report) on the impact of the legalization program.
United States · United States Congress · 23 May 1985
Amends part A (General Provisions) of title XI of the Social Security Act to extend the income and eligibility verification system so as to require an applicant or benefit recipient, as a condition of eligibility for or receipt of benefits under part A (Aid to Families with Dependent Children) of title IV of such Act, title XVI (Supplemental Security Income) of such Act, title XIX (Medicaid) of such Act, the food stamp program, or the unemployment insurance compensation program, to declare in writing whether or not he or she is a U.S. citizen, and, if a U.S. citizen his or her immigration status and file number.
United States · United States Congress · 23 May 1985
Provides additional immigrant visas for aliens of countries whose 1955 through 1965 U.S. immigration figures do not exceed specified levels as provided for by this Act. Distributes such visas as follows: (1) 40 percent under family preference status (as provided for under the Immigration and Nationaltiy Act); (2) 30 percent under work preference status; and (3) 30 percent to nonpreference aliens.
United States · United States Congress · 23 May 1985
Amends part A (General Provisions) of title XI of the Social Security Act to extend the income and eligibility verification system so as to require an applicant or benefit recipient, as a condition of eligibility for or receipt of benefits under part A (Aid to Families with Dependent Children) of title IV of such Act, title XVI (Supplemental Security Income) of such Act, title XIX (Medicaid) of such Act, the food stamp program, or the unemployment insurance compensation program, to declare in writing whether or not he or she is a U.S. citizen, and, if a U.S. citizen his or her immigration status and file number. Requires the Commissioner of Immigration and Naturalization to implement a verification system of immigration status to be made available to all States by October 1, 1985.
United States · United States Congress · 14 May 1985
International Organization Staffs' Children, Survivors, and Retirees Act of 1985 - Amends the Immigration and Nationality Act to include within the definition of "special immigrant" unmarried sons and daughters and surviving spouses of employees of certain international organizations ("I" status). Grants nonimmigrant status to: (1) parents of children receiving "I" status while they are minors; and (2) other children of such parents or a surviving "I" status spouse.
United States · United States Congress · 8 May 1985
Amends the Immigration and Nationality Act to provide for the temporary admission into the United States of the operators of motor common carriers of passengers.
United States · United States Congress · 6 May 1985
Immigrant Repatriation Study Act - Directs the Attorney General to study the problem of indigent, elderly immigrants who wish to return to their home countries but cannot afford the transportation costs to do so. Requires a report to the Congress within 12 months.
United States · United States Congress · 6 May 1985
Immigration Exclusion and Deportation Amendments of 1985 - Amends the Immigration and Nationality Act to make only the following classes of aliens ineligible to receive visas and be permitted admission into the United States: (1) any alien with a communicable disease of public health significance; (2) any alien with a record of behavior or mental impairment that poses a threat to property or safety; (3) any alien convicted of a crime involving moral turpitude, with specified exceptions; (4) any alien convicted of two or more offenses for which the aggregate sentences actually imposed were five years or more; (5) any alien convicted of specified drug violations; (6) any alien who has engaged in terrorist activity against the United States or against a citizen of the United States; (7) any alien who participated in Nazi persecutions; (8) any alien deemed by the Attorney General as a probable security risk for certain specified reasons, including terrorist activity; (9) any alien who is likely to become a public economic burden; (10) any alien seeking to enter the United States for the purpose of performing skilled or unskilled labor, with certain qualified exceptions; (11) any alien who is a graduate of a medical school not accredited by a body approved for such purpose by the Secretary of Education, with certain exceptions; (12) any excluded or deported alien who seeks readmission within one year of the event, unless such readmission is consented to by the Attorney General; (13) any alien seeking to enter the United States by fraud or the willful misrepresentation of a material fact; (14) any stowaway alien; (15) any alien who aids any other alien in illegal entry; (16) any immigrant not in possession of a valid immigrant visa and passport at the time of admission; (17) any nonimmigrant not in possession of a valid passport authorizing the alien to return to the country from which he or she came; and (18) any alien ineligible for U.S. citizenship, including a person who left or remained outside the United States to avoid U.S. military service in time of war or national emergency. Repeals provisions dealing with bond and conditions for admission for permanent residence for retarded, tubercular, and mentally ill aliens. Makes deportable by the Attorney General only those aliens within one of the following classes: (1) any alien who at the time of entry was within one or more of the classes of aliens excludable by then existing law; (2) any alien entering the United States without inspection or at a time and place other than as designated by the Attorney General; (3) any alien admitted as a nonimmigrant who has failed to maintain such status; (4) any alien arriving from a foreign contiguous territory or adjacent islands who has not resided in such territory or islands for at least two years prior to such arrival; (5) any alien convicted of a crime involving moral turpitude committed within five years from the date of entry and who is either sentenced or confined for a term of one year or longer; (6) any alien who at any time after entry is convicted of two or more crimes involving moral turpitude; (7) any alien who at any time after entry is convicted of a violation of certain drug laws; (8) any alien who at any time after entry is convicted under weapons-possession laws; (9) any alien who at any time is convicted on any of various specified loyalty laws (e.g. sabotage, treason and sedition, selective service, etc.); (10) any alien who fails to comply with alien registration laws or foreign agent registration laws; (11) any alien convicted of fraud or misuse of visas or other entry documents; (12) any alien engaging in activity which endangers the public safety or national security, including terrorist activity; (13) any alien who within five years after entry has become a public economic burden; (14) any alien who has engaged in terrorist activity against the United States or against a citizen of the United States; or (15) any alien who participated in Nazi persecutions.
United States · United States Congress · 2 May 1985
Amends the Immigration and Nationality Act to eliminate the "sexual deviation" exclusion provision.
United States · United States Congress · 30 April 1985
Refugee Assistance Amendments of 1985 - Amends the Immigration and Nationality Act to authorize FY 1986 and 1987 appropriations under such Act and under the Refugee Education Assistance Act of 1980. States that an agency receiving a refugee assistance resettlement grant or contract shall be responsible for a refugee's subsistence needs during the initial 90-day resettlement period. Limits the number of refugees covered by the annual congressional report.
United States · United States Congress · 29 April 1985
Illegal Immigration Control Act of 1985 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for any person to knowingly hire, recruit, or refer any alien not authorized to work in the United States. Makes it unlawful for an employer of two or more persons to hire anyone without complying with the verification procedure set forth in this Act. Directs the Attorney General, in cooperation with the Secretaries of Labor and Health and Human Services, to establish a social security account validation system as part of such verification procedure. Sets forth a verification procedure which requires an employer to attest, under penalty of perjury, that he 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 three years or one year after an employee leaves, whichever is longer. Makes following such procedure an affirmative employer defense. States that nothing in this Act shall directly or indirectly authorize the creation of a national identification card system. Prohibits employers from requiring employees to post indemnity bonds. Subjects violators of such verification procedure or hiring provisions to civil penalties. Requires notice and a hearing opportunity. Authorizes the Attorney General to: (1) seek injunctive relief for pattern or practice violations; and (2) sue to collect outstanding penalties. Directs the President to monitor such program and consult with the Congress every six months. States that no penalties shall be imposed for the first six months after enactment of this Act. Amends the Migrant and Seasonal Agricultural Worker Protection Act to subject farm labor contractors to the requirements of this Act, beginning seven months after enactment. Makes it illegal to fraudulently misuse or manufacture entry or work documents. Sets forth penalties. Part B: Improvement of Enforcement and Services - Directs the Attorney General to develop and transmit to the Congress an Immigration and Naturalization Service (INS) personnel and funding plan for FY 1986 and 1987. Authorizes FY 1986 and 1987 INS appropriations. 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. Sets forth penalties. Directs the Attorney General: (1) in consultation with experts and State and local governments, to develop an INS immigration emergency contingency plan; and (2) to submit such plan to the congressional judiciary committees within four months. Authorizes appropriations. Directs the Attorney General: (1) jointly with the Secretary of State, to initiate discussions with Mexico and Canada on programs to prevent alien smuggling into the United States; and (2) report to the Congress within one year. Part C: Denial of Immigration Benefits to Illegal Aliens - Prohibits out-of-status aliens from adjusting to permanent resident (immigrant status). Denies immediate relative status to certain relatives of illegal aliens or Cuban/Haitian entrants. Title II: Temporary Agricultural Labor - Separates temporary agricultural labor from other temporary labor for purposes of nonimmigrant (H-2 visas) worker provisions. States that such agricultural workers' stay shall be determined by the Attorney General. Prohibits entry to temporary workers who have violated entry conditions within the previous five years. Requires the Attorney General to provide for necessary entry and exit documents. 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 and working conditions will not be adversely affected. Authorizes 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 employer violated temporary worker admissions terms; or (3) in a case where such workers are not covered by State workers' compensation laws, the employer has not provided equivalent protection at no cost to such workers. Directs the Secretary to establish expedited review of such denied certificates. Provides with regard to agricultural worker applications that: (1) the Secretary may not require such an application to be filed more than 50 days before needed; (2) the employer shall be notified in writing within seven days if such an application requires perfecting; and (3) the Secretary shall approve an acceptable application not later than 20 days before needed. Authorizes producer associations to file such petitions. Requires the Secretary, in consultation with the Attorney General and the Secretary of Agriculture, to report to the Congress annually regarding such certification program. Authorizes appropriations beginning with FY 1986 to: (1) recruit domestic workers; (2) monitor the nonimmigrant work program; (3) make determinations and certifications; and (4) permit the Secretary of Agriculture to carry out duties under such Act. Directs the Attorney General, in consultation with the Secretaries of Labor and Agriculture, to establish a three-year transitional agricultural labor program to implement the H-2 temporary agricultural worker program. Requires employer registration during the first year of the program. Provides that the number of undocumented agricultural workers be reduced by one-third for each of the three years. Provides such transitional workers with the same benefits and protections as H-2 workers. Sets forth employer participation requirements. Requires a report to the Congress within 18 months regarding temporary alien worker program improvements. Authorizes the Attorney General to prohibit an employer from participating in the program for up to three years for specified hiring violations. Expresses the sense of the Congress that the President should establish an advisory commission to consult with Mexico and other appropriate countries and advise the Attorney General regarding the temporary worker and transitional worker programs. Prohibits such aliens from adjusting to immigrant or other nonimmigrant status. Adds to the classification of nonimmigrant aliens those foreign workers who have no intention of abandoning a foreign residence, but come to the United States for seasonal agricultural employment for a maximum of eight consecutive months. Prohibits the admission of an alien as a nonimmigrant if such alien has violated the terms or conditions of a previous admission nonimmigrant within the past five years. Directs the Attorney General, in consultation with the Secretaries of Agriculture and Labor, to establish an admissions program for such workers. Requires such program to impose monthly and annual quotas upon nonimmigrant visas by agricultural employment region. Subjects the availability of such visas to a specified preference system, based upon a specified allotment formula. States that: (1) the availability of a nonimmigrant visa is not predicated upon petitions from prospective employers within the United States; and (2) nonimmigrant visas shall neither limit the type of agricultural work, nor the geographical area within which aliens may be employed. Provides for up to ten U.S. agricultural employment regions. Permits employers of agricultural workers to submit petitions to the Attorney General which specify the month and agricultural employment region concerned, as well as a breakdown of the type of work needed and the availability of domestic and foreign workers to do such work. Requires the Attorney General to prescribe quotas for nonimmigrant visas based upon such petitions and other specified factors. Permits agricultural employers to apply for an increase in nonimmigration visa quotas if they can establish an emergency need based upon specified factors. Requires the Attorney General to decide such applications within 72 hours of the completion of such application. Requires employers to: (1) make a good faith effort to recruit domestic workers; (2) provide wages and working conditions that do not adversely affect similarly-employed U.S. workers; (3) provide benefits similar to State compensation benefits in areas where such benefits are unavailable; (4) not employ such workers in cases of a strike or lockout; (5) not employ such workers for other than seasonal agricultural work; and (6) substitute a housing allowance payment for actual housing under specified circumstances. Disqualifies an employer for up to three years for violations of such requirements. Makes it unlawful to hire, recruit, or refer for U.S. employment a nonimmigrant alien in the absence of an approved employment application. Sets forth penalties. Denies such alien workers any Federal assistance based on financial need. Directs the Secretary of State to expand and establish consulates in countries from which such aliens are likely to come. Directs the Attorney General to provide the Congress with a semiannual program report. Directs the Attorney General to establish a trust fund (from employer and employee wage-based contributions) to: (1) administer and enforce such program; and (2) provide a monetary incentive for alien workers to return to their country. Expresses the sense of the Congress that the President should negotiate with representatives of labor source countries to establish bilateral advisory commissions to advise the Attorney General regarding problems arising under this Act. Excludes from admission into the United States any such alien workers who are not: (1) continuously employed; or (2) actively seeking employment in the agricultural labor market. Precludes the time spent by aliens in a nonimmigrant status under this Act from being counted as part of the continuous residence requirement for purposes of suspending deportation. Bars such aliens from having their status adjusted to permanent resident.
United States · United States Congress · 25 April 1985
Amends the Immigration and Nationality Act to make alien crewmen serving on a U.S.-based fishing vessel nonimmigrant aliens while they are temporarily in Guam.
United States · United States Congress · 23 April 1985
Naturalization Amendments of 1985 - Amends the Immigration and Nationality Act to: (1) establish an administrative naturalization procedure; and (2) make such procedure the sole procedure for naturalization. Provides for judicial review in U.S. district court of a denied naturalization application. Sets forth related administrative and conforming provisions.
United States · United States Congress · 23 April 1985
Immigration Reform Act of 1985 - Title I: Control of Illegal Immigration - Part A: Preventing Displacement of Domestic Workers by Unauthorized Aliens - Directs the Secretary of Labor, in consultation with the Attorney General and with the Chairman of the National Labor Relations Board, to submit to the Congress an alien labor enforcement plan for FY 1986. Directs the Secretary to submit to the Congress an updated plan for FY 1987. Authorizes supplemental FY 1986 and 1987 appropriations for such enforcement activities by the Department of Labor and the National Labor Relations Board. Amends the Fair Labor Standards Act to establish a civil penalty for specified recordkeeping violations. Part B: Improvement of Enforcement and Services - Amends the Immigration and Nationality Act to authorize supplementary FY 1985 appropriations for Immigration and Naturalization Service (INS) enforcement activities. Authorizes FY 1986 and 1987 appropriations for INS. Directs the Attorney General to submit a plan to the Congress for FY 1985 supplemental personnel and resources, and to revise such plan for FY 1986 and 1987. States that increases in enforcement activities should be used predominantly for border area patrol. Establishes criminal penalties for unlawful transportation of undocumented aliens to the United States for commercial advantage or private profit. Directs the Attorney General, jointly with the Secretary of State, to initiate antismuggling program discussions with Canada and Mexico and to report on such discussions to the Congress within one year. Directs the Attorney General to develop an INS immigration emergency plan, and to submit such plan to the appropriate congressional committees. Authorizes the Attorney General to request supplementary appropriations if the President has determined that such an emergency exists. Authorizes appropriations. Directs the Attorney General to: (1) establish an inservice training program to familiarize INS personnel with the rights of citizens and the various cultural backgrounds of persons they may come in contact with; and (2) enhance the INS community outreach program. Permits the owner or operator of an international bridge or toll road to request the Attorney General to inspect and approve measures taken to prevent aliens from illegally crossing into the United States. States that such approved measures shall be prima facie evidence of compliance with obligations under such Act to prevent illegal entries. Part C: Adjudication and Enforcement Powers and Procedures - Creates a seven-member United States Immigration Board as an independent agency within the Department of Justice to hear appeals from: (1) final decisions of administrative law judges (other than voluntary departure); (2) the exercise of certain discretionary authority; (3) imposition of penalties and fines; and (4) determinations respecting bond, parole, and detention. States that the Board's determination shall be binding on all immigration judges, immigration officers, and consular officers unless judicially modified. Requires the President to nominate Board members within 45 days. Replaces the existing special inquiry officer system with a system of immigration judges. Grants such judges responsibility for exclusion, deportation, asylum, and status rescission cases. Limits the Attorney General's authority to arrest and detain an alien pending determination of deportability. Requires such determination proceedings to be open to the public unless requested otherwise by the alien. Requires related bail determination within 24 hours. Sets forth determination factors, including factors requiring release without bond. Provides for an administrative de novo determination. Permits the Attorney General to revoke an alien's bond or conditional release and detain such person for reasonable cause. Permits an immigration officer or employee to stop and temporarily detain a person if the officer has a reasonable belief based on specific, articulable facts, that such person is illegally in the United States. Requires a determination of deportability to be made within 24 hours of arrest. Requires an alien to be advised orally and in writing of the reasons for arrest and his or her rights in English or in such person's native language. Requires advisement of right of counsel and right to remain silent. Provides for both searches with warrants and warrantless searches. Title II: Reform of Legal Immigration and Naturalization - Part A: Immigrants - Increases annual visas: (1) from 20,000 to 40,000 each for Mexico and Canada (with the unused portion available to the other country); and (2) from 600 to 3,000 for the colonies. Makes such increases effective in FY 1986. Requires a comprehensive immigration impact report every three years beginning on January 1, 1988. Requires the House and Senate Judiciary Committees to hold public hearings to review such reports. 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. Exempts certain self-supporting retirees from numerical admissions limitations. Treats university researchers as faculty for certification purposes. States that certain brief absences from the United States by an alien shall not be construed as having failed to maintain continuous physical presence for suspension of deportation purposes. Part B: Nonimmigrant Tourists - Authorizes a three-year tourist visa waiver pilot program with up to eight reciprocating countries. Authorizes a visa waiver program for Guam. Requires a program report to the Congress. Part C: Naturalization - Confers naturalization jurisdiction upon the Attorney General. Authorizes an administrative naturalization procedure in addition to the current judicial procedure. Waives the English language requirement for persons older than 50 years. Eliminates the six-month State residency requirement. Title III: Legalization - Directs the Attorney General to adjust to permanent resident status aliens who: (1) entered the United States before January 1, 1982, and have resided continuously in this country illegally since that date; (2) apply within the prescribed application period; (3) have registered with the draft if so required; and (4) are otherwise admissible. Prohibits the legalization of persons: (1) convicted of a felony (excluding certain re-entry violations) in the United States; or (2) who have taken part in religious, political, or racial persecution. Requires the Attorney General to designate and work with voluntary agencies to disseminate program information and process such aliens. 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, security, and Nazi persecution grounds) to assure family unity or when otherwise in the national interest. Provides for a transitional legal status, during such adjustment determination period which prohibits deportation and permits employment. Requires that persons arrested during such legalization program period be notified of their opportunity to adjust, and prohibits deportation until they have been afforded such opportunity. Permits administrative appeal of a status adjustment denial. Directs the Attorney General to establish eligibility requirements and application approval guidelines in consultation with the House and Senate Judiciary Committees and participating voluntary agencies. Direct the Attorney General to construe such adjustment requirements liberally, taking into account the special circumstances to individuals previously residing unlawfully in the United States. Allows the waiver of continuous residence when necessary to avoid undue family hardship. Provides criminal penalties for false application statements. Makes legalized aliens (other than Cuban/Haitian entrants, the aged, blind, and disabled, and persons requiring specified medical assistance) eligible for Federal financial assistance and Medicaid for five years. States that programs authorized under the Public Health Service Act, title V of the Social Security Act, unemployment assistance programs, the National School Lunch Act, the Child Nutrition Act of 1966, the Vocational Education Act of 1963, chapter l of the Education Consolidation and Improvement Act of 1981, the Headstart-Follow Through Act, the Job Training Partnership Act, and subparts 4 and 5 of part A of title IV of the Higher Education Act of 1965 shall not be construed as prohibited assistance. Requires the President to submit to the Congress reports on the implementation and the impact of the legalization program. Provides permanent resident status adjustment for certain Cuban and Haitian nationals who entered the United States before January 1, 1982. Authorizes appropriations for FY 1986 through 1989 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. Provides for cooperation with State and local governmental advisory groups in implementing this Act. Title IV: National Commission on Immigration - Establishes a 15-member National Commission on Immigration to study and recommend legislative and administrative solutions to specified social, economic, employment, and international immigration problems facing the United States, including the development of economic programs with Latin America. Requires the Commission to assess: (1) the current U.S. temporary worker program; and (2) the causes of the existing preference visa backlog. Sets forth administrative and operating provisions. Requires a report to the Congress within 18 months. Terminates the Commission 30 days after submission of such report. Authorizes appropriations.
United States · United States Congress · 22 April 1985
Establishes immigration procedures for the status adjustment to permanent resident of certain aliens who: (1) have received Cuban/Haitian entrant designation; or (2) are Cuban or Haitian nationals who arrived in the United States before January 1, 1982, and who (with the exception of asylum applicants who filed before such date) were not admitted to the United States as nonimmigrants. Requires such adjustment applications to be filed within two years of enactment of this Act.
United States · United States Congress · 4 April 1985
International Organizations Staffs' Children, Survivors, and Retirees Act of 1985 - Amends the Immigration and Nationality Act to include within the definition of "special immigrant" unmarried sons and daughters and surviving spouses of employees of certain international organizations ("I" status). Grants nonimmigrant status to: (1) parents of children receiving "I" status while they are minors; and (2) other children of such parents or a surviving "I" status spouse.
United States · United States Congress · 1 April 1985
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.
United States · United States Congress · 28 March 1985
Amends the Immigration and Nationality Act to permit suspension of deportation without regard to departures which do not meaningfully interrupt continuous physical presence.
United States · United States Congress · 26 March 1985
Amends the Immigration and Nationality Act to increase the annual number of immigrant visas for colonies and dependent areas from 600 to 5,000.
United States · United States Congress · 26 March 1985
Amends the Immigration and Nationality Act to grant admissions preference (third) to persons with exceptional ability in business.