Immigration Control and Legalization Amendments Act of 1986

Summary

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.

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3 official files

• Passed House amended

  summary · EN · 9 October 1986

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• Reported to House amended, Part I

  summary · EN · 16 July 1986

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• Introduced in House

  summary · EN · 21 November 1985

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