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Review Of The 'Comprehensive
Immigration Reform Act'

From Ted Twietmeyer
5-28-7

After a simple review, one can easily see that this Bill is more like an illegal alien's bill of rights than 'immigration reform.' If you are a US citizen, do you have all the rights and benefits in this bill, too?
 
First, I was determined to see if the rumor was true that DHS will be approving everyone to have or keep a job, both citizen and non- citizen alike in the Comprehensive Immigration Reform Act of 2006. [1] To my surprise this approval only applies to aliens and foreign workers desiring to work in the United States or to stay here.
 
However - there are more surprises buried deep within the huge 616 page Bill that no one talks about. For example, if an alien serves just two years in the military they can become a US citizen. All the other requirements for them to become a US citizen as stated in this Bill don't apply. It's also unlikely that Congress will read all of this Bill themselves, but instead rely on their aides and assistants to do it for them. The unconstitutional Patriot Act is another good example of Congress not doing due dilligence.
 
There are no words to describe the obsurdity of this Bill - so I've included exact excerpts from it for you to read yourself. The table of contents alone is 6 pages and is single spaced so it is not included.
 
QUICK SUMMARY
 
A large part of the Bill is dedicated to certifications, fines, punishments, and civil and criminal declarations for breaking laws it defines. This is not included below. Most of the first 200+ pages is regarding the "border fence" and states that depending on the location, the fence will extend from either 2 miles or up to 10 miles on either side of a border town or city. As though that will be of much help...
 
NOTES FOR READING
 
Page numbers are added to indicate the source text and are prefaced with the word "PAGE." Any comments are preceded by *** for clarity. In any Bill every sentence begins with a number to identify it on a page. These are also included. Note in the title, a vague reference to "other purposes" which is never defined in the Bill anywhere.
 
 
EXTRACT START
 
Calendar No. 414
109TH CONGRESS
2D SESSION S. 2611
A BILL
To provide for comprehensive immigration reform
and for other purposes.
 
APRIL 24, 2006
Read the second time and placed on the calendar
 
______________________________________________________________________ ______
 
 
 
PAGE 288
 
10 SEC. 407. RECRUITMENT OF UNITED STATES WORKERS.
11 (a) ELECTRONIC JOB REGISTRY.-The Secretary of
12 Labor shall establish a publicly accessible Web page on
13 the Internet website of the Department of Labor that provides
14 a single Internet link to each State workforce agency's
15 statewide electronic registry of jobs available through
16 out the United States to United States workers.
 
17 (b) RECRUITMENT OF UNITED STATES WORKERS.-
18 (1) POSTING.-An employer shall attest that
19 the employer has posted an employment opportunity
20 at a prevailing wage level (as described in section
21 218B(b)(2)(C) of the Immigration and Nationality
22 Act).
 
*** ESTABLISH A TASK FORCE
 
17 SEC. 408. TEMPORARY GUEST WORKER VISA PROGRAM
18 TASK FORCE.19 (a) ESTABLISHMENT.-There is established a task
20 force to be known as the ''Temporary Worker Task
21 Force'' (referred to in this section as the ''Task Force'').
22 (b) PURPOSES.-The purposes of the Task Force
23 are-
24 (1) to study the impact of the admission of
25 aliens under section 101(a)(15)(ii)(c) on the wages,
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PAGE 290
 
1 working conditions, and employment of United
2 States workers; and
3 (2) to make recommendations to the Secretary
4 of Labor regarding the need for an annual numerical
5 limitation on the number of aliens that may be admitted
6 any fiscal year under section
7 101(a)(15)(ii)(c).
 
8 (c) MEMBERSHIP.-
9 (1) IN GENERAL.-The Task Force shall be
10 composed of 10 members, of whom-
11 (A) 1 shall be appointed by the President
12 and shall serve as chairman of the Task Force;
13 (B) 1 shall be appointed by the leader of
14 the minority party in the Senate, in consultation
15 with the leader of the minority party in the
16 House of Representatives, and shall serve as
17 vice chairman of the Task Force;
18 (C) 2 shall be appointed by the majority
19 leader of the Senate;
20 (D) 2 shall be appointed by the minority
21 leader of the Senate;
22 (E) 2 shall be appointed by the Speaker of
23 the House of Representatives; and
24 (F) 2 shall be appointed by the minority
25 leader of the House of Representatives.
 
1 (2) DEADLINE FOR APPOINTMENT.-All members
2 of the Task Force shall be appointed not later
3 than 6 months after the date of the enactment of
4 this Act.
 
5 (h) ADJUSTMENT TO LAWFUL PERMANENT RESI6
DENT STATUS.-Section 245 (8 U.S.C. 1255) is amended
7 by adding at the end the following:
8 ''(n)(1) For purposes of adjustment of status under
9 subsection (a), employment-based immigrant visas shall be
10 made available to an alien having nonimmigrant status described
11 in section 101(a)(15)(H)(ii)(c) upon the filing of
12 a petition for such a visa-
13 ''(A) by the alien's employer; or
14 ''(B) by the alien, if the alien has maintained
15 such nonimmigrant status in the United States for
16 a cumulative total of 4 years.
17 ''(2) An alien having nonimmigrant status described
18 in section 101(a)(15)(H)(ii)(c) may not apply for adjust19
ment of status under this section unless the alien-
20 ''(A) is physically present in the United States;
21 and
22 ''(B) the alien establishes that the alien-
23 ''(i) meets the requirements of section 312;
24 or
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PAGE 296
 
1 ''(ii) is satisfactorily pursuing a course of
2 study to achieve such an understanding of
3 English and knowledge and understanding of
4 the history and government of the United
5 States.
6 ''(3) An alien who demonstrates that the alien meets
7 the requirements of section 312 may be considered to have
8 satisfied the requirements of that section for purposes of
9 becoming naturalized as a citizen of the United States
10 under title III.
 
*** NOTE THE KEY WORD BELOW - "NONIMMIGRANTS:"
 
13 (b) NUMERICAL LIMITATION.-Section 214(k)(1) (8
14 U.S.C. 1184(k)(1)) is amended by striking ''The number
15 of aliens'' and all that follows through the period and inserting
16 the following: ''The number of aliens who may be
17 provided a visa as nonimmigrants under section
18 101(a)(15)(S) in any fiscal year may not exceed 1,000.''.
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PAGE 303
 
*** NEW FACILITY REQUIRED AND A BUSINESS PLAN - HOW HARD IS THAT?
*** NEITHER ARE WELL DEFINED:
 
1 ''(G)(i) If the beneficiary of a petition under
2 this subsection is coming to the United States to
3 open, or be employed in, a new facility, the petition
4 may be approved for a period not to exceed
5 12 months only if the employer operating the new facility
6 has-
7 ''(I) a business plan;
8 ''(II) sufficient physical premises to carry
9 out the proposed business activities; and
10 ''(III) the financial ability to commence
11 doing business immediately upon the approval
12 of the petition.
13 ''(ii) An extension of the approval period under
14 clause (i) may not be granted until the importing
15 employer submits to the Secretary of Homeland
16 Security-
17 ''(I) evidence that the importing employer
18 meets the requirements of this subsection;
19 ''(II) evidence that the beneficiary meets
20 the requirements of section 101(a)(15)(L);
21 ''(III) a statement summarizing the
22 original petition;
23 ''(IV) evidence that the importing employer
24 has fully complied with the business plan
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PAGE 304
 
1 ''(V) evidence of the truthfulness of any
2 representations made in connection with the
3 filing of the original petition;
4 ''(VI) evidence that the importing
5 employer, during the previous 12 months, has been
6 doing business at the new facility through
7 regular, systematic, and continuous provision of
8 goods or services, or has otherwise been taking
9 commercially reasonable steps to establish the
10 new facility as a commercial enterprise;
11 ''(VII) a statement of the duties the
12 beneficiary has performed at the new facility during
13 the previous 12 months and the duties the
14 beneficiary will perform at the new facility during
15 the extension period approved under this clause;
16 ''(VIII) a statement describing the staffing
17 at the new facility, including the number of
18 employees and the types of positions held by such
19 employees;
20 ''(IX) evidence of wages paid to employees
21 if the beneficiary will be employed in a managerial
22 or executive capacity;
23 ''(X) evidence of the financial status of the
24 new facility; and
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PAGE 305
 
6 SEC. 412. COMPLIANCE INVESTIGATORS.
7 The Secretary of Labor shall, subject to the
8 availability of appropriations for such purpose, annually
9 increase, by not less than 2,000, the number of positions
10 for compliance investigators dedicated to enforcing
11 compliance with this title, and the amendments made by this
12 title.
 
*** WEASEL-WORDING TO DEFINE THE WORD "SUM"
 
ELIMINATION OF EXISTING BACKLOGS.
3 (a) FAMILY-SPONSORED IMMIGRANTS.-Section
4 201(c) (8 U.S.C. 1151(c)) is amended to read as follows:
5 ''(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED
6 IMMIGRANTS.-The worldwide level of family-sponsored
7 immigrants under this subsection for a fiscal year is equal
8 to the sum of-
9 ''(1) 480,000;
10 ''(2) the difference between the maximum
11 number of visas authorized to be issued under this
12 subsection during the previous fiscal year and the
13 number of visas issued during the previous fiscal year;
14 ''(3) the difference between-
15 ''(A) the maximum number of visas
16 authorized to be issued under this subsection
17 during fiscal years 2001 through 2005 minus the
18 number of visas issued under this subsection
19 during those fiscal years; and
20 ''(B) the number of visas calculated under
21 subparagraph (A) that were issued after fiscal
22 year 2005.''.
 
*** ALIENS UNDERGO FINGERPRINT CHECKS - BUT WILL THEY DO IT?
 
''(G) SECURITY AND LAW ENFORCEMENT
6 CLEARANCES.-The alien shall submit
7 fingerprints in accordance with procedures
8 established by the Secretary of Homeland Security.
9 Such fingerprints shall be submitted to relevant
10 Federal agencies to be checked against existing
11 databases for information relating to criminal,
12 national security, or other law enforcement
13 actions that would render the alien ineligible for
14 adjustment of status under this subsection. The
15 relevant Federal agencies shall work to ensure
16 that such clearances are completed within 90
17 days of the submission of fingerprints. An
18 appeal of a security clearance determination by
19 the Secretary of Homeland Security shall be
20 processed through the Department of
21Homeland Security.
 
22 ''(H) MILITARY SELECTIVE SERVICE.-The
23 alien shall establish that if the alien is within
24 the age period required under the Military Se-
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PAGE 354
 
1 Selective Service Act (50 U.S.C. App. 451 et seq.)
2 that such alien has registered under that Act.
 
*** ILLEGALS NOT EASILY BE DEPORTED FOR BEING ILLEGAL
 
13 ''(c) TREATMENT OF APPLICANTS.-
14 ''(1) IN GENERAL.-An alien who files an application
15 under subsection (a)(1)(A) for adjustment of
16 status, including a spouse or child who files for adjustment
17 of status under subsection (b)-
18 ''(A) shall be granted employment authorization
19 pending final adjudication of the alien's
20 application for adjustment of status;
21 ''(B) shall be granted permission to travel
22 abroad pursuant to regulation pending final adjudication
23 of the alien's application for adjustment of status;
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PAGE 360
 
*** NOT AN ILLEGAL ALIEN UNTIL EMPLOYMENT AUTHORIZATION IS DENIED!
 
1 ''(C) shall not be detained, determined in
2 admissible or deportable, or removed pending
3 final adjudication of the alien's application for
4 adjustment of status, unless the alien commits
5 an act which renders the alien ineligible for
6 such adjustment of status; and
7 ''(D) shall not be considered an unauthorized
8 alien as defined in section 274A(h)(3) until
9 such time as employment authorization under
10 subparagraph (A) is denied.
 
*** ANOTHER WAY THEY CAN'T BE DEPORTED UNLESS CRIMINALS
 
15 ''(d) APPREHENSION BEFORE APPLICATION
16 PERIOD.-The Secretary of Homeland Security shall provide
17 that in the case of an alien who is apprehended before
18 the beginning of the application period described in
19 subsection (a) and who can establish prima facie eligibility
20 to have the alien's status adjusted under that subsection
21 (but for the fact that the alien may not apply for such
22 adjustment until the beginning of such period), until the
23 alien has had the opportunity during the first 180 days
24 of the application period to complete the filing of an
25 application for adjustment, the alien may not be removed from
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PAGE 362
 
1 the United States unless the alien is removed on the basis
2 that the alien has engaged in criminal conduct or is a
3 threat to the national security of the United States.
 
 
''(2) JOB OPPORTUNITIES NOT COVERED BY
11 COLLECTIVE BARGAINING AGREEMENTS.-With
12 respect to a job opportunity that is not covered under
13 a collective bargaining agreement:
14 ''(A) STRIKE OR LOCKOUT.-The specific
15 job opportunity for which the employer is
16 requesting an H­2A worker is not vacant because
17 the former occupant is on strike or being locked
18 out in the course of a labor dispute.
19 ''(B) TEMPORARY OR SEASONAL JOB
20 OPPORTUNITIES.-The job opportunity is
21 temporary or seasonal.
22 ''(C) BENEFIT, WAGE, AND WORKING CONDITIONS.
32 -The employer will provide, at a minimum,
33 the benefits, wages, and working conditions
34 required by section 218E to all workers
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PAGE 433
 
1 employed in the job opportunities for which the
2 employer has applied under subsection (a) and
3 to all other workers in the same occupation at
4 the place of employment.
 
 
*** FOLLOWING SECTION IS VIOLATED EVERYDAY, EVERYWHERE
 
5 ''(D) NONDISPLACEMENT OF UNITED
6 STATES WORKERS.-The employer did not
7 displace and will not displace a United States
8 worker employed by the employer during the
9 period of employment and for a period of 30
10 days preceding the period of employment in the
11 occupation at the place of employment for
12 which the employer seeks approval to employ
13 H­2A workers.
 
*** ANOTHER STATEMENT THAT DOES NOT PROTECT U.S. WORKER JOBS
 
12 ''(a) PREFERENTIAL TREATMENT OF ALIENS PROHIBITED.
13 -Employers seeking to hire United States workers
14 shall offer the United States workers no less than the
15 same benefits, wages, and working conditions that the employer
16 is offering, intends to offer, or will provide to H­
17 2A workers. Conversely, no job offer may impose on
18 United States workers any restrictions or obligations
19 which will not be imposed on the employer's H­2A workers.
 
*** IN THE NEXT SECTION - PREFERENTIAL TREATMENT FOR ALIEN WORKERS:
 
''(1) REQUIREMENT TO PROVIDE HOUSING OR A
6 HOUSING ALLOWANCE.-
7 ''(A) IN GENERAL.-An employer applying
8 under section 218(a) for H­2A workers shall
9 offer to provide housing at no cost to all workers
10 in job opportunities for which the employer
11 has applied under that section and to all other
12 workers in the same occupation at the place of
13 employment, whose place of residence is beyond
14 normal commuting distance.
 
*** HOUSING AND LABOR CAMPS STATED
 
15 ''(B) TYPE OF HOUSING.-In complying
16 with subparagraph (A), an employer may, at
17 the employer's election, provide housing that
18 meets applicable Federal standards for
19 temporary labor camps or secure housing that
20 meets applicable local standards for rental or
21 public accommodation housing or other
22 substantially similar class of habitation, or in the
23 absence of applicable local standards, [etc....]
 
*** FAMILY HOUSING FOR ALIEN WORKERS UPON REQUEST
 
4 ''(C) FAMILY HOUSING.-When it is the
5 prevailing practice in the occupation and area
6 of intended employment to provide family housing,
7 family housing shall be provided to workers
8 with families who request it.
 
**** Note in the above statment - "housing shall be provided" and
NOT "housing may be provided."
 
*** MORE HOUSING BENEFITS DEFINED
 
21 ''(F) CHARGES FOR HOUSING.-
22 ''(i) CHARGES FOR PUBLIC HOUSING.
23 -If public housing provided for migrant
24 agricultural workers under the auspices
25 of a local, county, or State govern-
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PAGE 446
 
1 ment is secured by an employer, and use of
2 the public housing unit normally requires
3 charges from migrant workers, such
4 charges shall be paid by the employer directly
5 to the appropriate individual or entity
6 affiliated with the housing's management...
 
*** EMPLOYERS CAN'T CHARGE DEPOSITS FOR HOUSING
 
8 ''(ii) DEPOSIT CHARGES.-Charges in
9 the form of deposits for bedding or other
10 similar incidentals related to housing shall
11 not be levied upon workers by employers
12 who provide housing for their workers. An
13 employer may require a worker found to
14 have been responsible for damage to such
15 housing which is not the result of normal
16 wear and tear related to habitation to
17 reimburse the employer for the reasonable
18 cost of repair of such damage.
 
*** WHAT DEFINES "WEAR AND TEAR" IN THE ABOVE CONTEXT?
 
19 ''(G) HOUSING ALLOWANCE AS
20 ALTERNATIVE.-
21 ''(i) IN GENERAL.-If the requirement
22 under clause (ii) is satisfied, the employer
23 may provide a reasonable housing allowance
24 instead of offering housing under subparagraph
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PAGE 447
 
*** EMPLOYERS PROVIDING HOUSING GIVEN EXEMPTION
 
1 worker seeking assistance in locating houseing,
2 the employer shall make a good faith
3 effort to assist the worker in identifying
4 and locating housing in the area of intended
5 employment. An employer who offers
6 a housing allowance to a worker, or
7 assists a worker in locating housing which
8 the worker occupies, pursuant to this
9 clause shall not be deemed a housing
10 provider under section 203 of the Migrant and
11 Seasonal Agricultural Worker Protection
12 Act (29 U.S.C. 1823) solely by virtue of
13 providing such housing allowance. No
14 housing allowance may be used for housing
15 which is owned or controlled by the
16 employer.
 
*** TRANSPORTATION MUST BE PAID FOR BY EMPLOYER
 
''(2) REIMBURSEMENT OF TRANSPORTATION.-
13 ''(A) TO PLACE OF EMPLOYMENT.-A
14 worker who completes 50 percent of the period
15 of employment of the job opportunity for which
16 the worker was hired shall be reimbursed by the
17 employer for the cost of the worker's
18 transportation and subsistence from the place from
19 which the worker came to work for the employer
20 (or place of last employment, if the
21 worker traveled from such place) to the place of
22 employment.
 
*** FIRED OR LAID OFF? ALIEN WORKERS STILL GET TRANSPORTATION
 
6 ''(D) EARLY TERMINATION.-If the worker
7 is laid off or employment is terminated for
8 contract impossibility (as described in paragraph
9 (4)(D)) before the anticipated ending date of
10 employment, the employer shall provide the
11 transportation and subsistence required by
12 subparagraph (B) and, notwithstanding whether
13 the worker has completed 50 percent of the
14 perriod of employment, shall provide
15 transportation reimbursement required by subparagraph
16 (A).
 
*** MORE TRANSPORTATION BENEFITS
 
17 ''(E) TRANSPORTATION BETWEEN LIVING
18 QUARTERS AND WORK SITE.-The employer
19 shall provide transportation between the worker's
20 living quarters and the employer's work site
21 without cost to the worker, and such transportation
22 will be in accordance with applicable laws
23 and regulations.
 
*** LIVESTOCK WORKERS (COWBOYS?) GET SPECIAL BENEFITS
 
1 ''(e) RANGE PRODUCTION OF LIVESTOCK.-Nothing
2 in this section, section 218, or section 218F shall preclude
3 the Secretary of Labor and the Secretary from continuing
4 to apply special procedures and requirements to the admission
5 and employment of aliens in occupations involving
6 the range production of livestock.
 
*** ALIENS GET TERRORISM BENEFITS
 
PAGE 472
 
TERRORISM BENEFITS - CHANGE OF ALIEN STATUS
21 SEC. 742. ADJUSTMENT OF STATUS FOR CERTAIN
22 NONIMMIGRANT VICTIMS OF TERRORISM.
23 (a) ADJUSTMENT OF STATUS.-
24 (1) IN GENERAL.-The status of any alien
25 described in subsection (b) shall be adjusted by the
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PAGE 573
 
 
5 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.
6 -The benefits provided by subsection (a) shall apply
7 to any alien who-
8 (1) was lawfully present in the United States as
9 a nonimmigrant alien described in section
10 101(a)(15) of the Immigration and Nationality Act
11 (8 U.S.C. 1101(a)(15)) on September 10, 2001;
12 (2) was, on such date, the spouse, child,
13 dependent son, or dependent daughter of an alien
14 who-
15 (A) was lawfully present in the United
16 States as a nonimmigrant alien described in
17 section 101(a)(15) of the Immigration and
18 Nationality Act (8 U.S.C. 1101(a)(15)) on such
19 date; and
20 (B) died as a direct result of a specified
21 terrorist activity; and
22 (3) was deemed to be a beneficiary of, and by,
23 the September 11th Victim Compensation Fund of
24 2001 (49 U.S.C. 40101 note).
 
*** FAST TRACK CITIZENSHIP - JUST 2 YEARS IN THE ARMED FORCES
 
14 SEC. 751. NONCITIZEN MEMBERSHIP IN THE ARMED
15 FORCES.
16 Section 329 of the Immigration and Nationality Act
17 (8 U.S.C. 1440) is amended-
18 (1) in subsection (b), by striking ''subsection
19 (a)'' and inserting ''subsection (a) and (d)''; and
20 (2) by adding at the end the following:
21 ''(d) Notwithstanding any other provision of law,
22 except for provisions relating to revocation of citizenship
23 under subsection (c), individuals who are not United
24 States citizens shall not be denied the opportunity to apply
25 for membership in the United States Armed Forces. Such
26 individuals who become active duty members of the United
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PAGE 581
 
1 States Armed Forces shall, consistent with subsections (a)
2 through (e) and with the approval of their chain of
3 command, be granted United States citizenship after
4 performing at least 2 years of honorable and satisfactory
5 service on active duty. Not later than 90 days after such
6 requirements are met with respect to an individual, such
7 individual shall be granted United States citizenship.
 
**** EXTRACT END
 
One can easily see that this Bill is more like an illegal alien's bill of rights.
If you are a US citizen, do you have all these rights and benefits too?
 
Ted Twietmeyer
www.data4science.net
 
 
Source: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?db
name=109_cong_bills&docid=f:s2611pcs.txt.pdf

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