Immigration Reform Bill of 2007

[Ebowed]

Immigration Reform Bill of 2007

§1. Changes in the number of immigrants subject to direct numerical limitations
   (a) Family-sponsored immigrants
      (1) The number "480,000" in section 201(c)(1)(A)(i) of the Immigration and Nationality Act [8 U.S.C. 1151(c)(1)(A)(i)] shall be substituted by -
         (A) "500,000" for fiscal year 2008;
         (B) "550,000" for fiscal year 2009;
         (C) "600,000" for fiscal year 2010; and
         (D) "1/500 of the population of Atlasia, as established by the last completed decennial census" for fiscal year 2011 and thereafter.
      (2) The number "226,000" in sections 201(c)(1)(B)(ii) and 203(a)(2) of the Immigration and Nationality Act [8 U.S.C. 1151(c)(1)(B)(ii), 1153(a)(2)] shall be substituted by -
         (A) "250,000" for fiscal year 2008;
         (B) "275,000" for fiscal year 2009;
         (C) "300,000" for fiscal year 2010; and
         (D) "1/1000 of the population of Atlasia, as established by the last completed decennial census" for fiscal year 2011 and thereafter.
      (3) The number "23,400" in paragraphs (1) and (3) of section 203(a) of the Immigration and Nationality Act [8 U.S.C. 1153(a)(1),(3)] shall be substituted by -
         (A) "25,000" for fiscal year 2008;
         (B) "27,500" for fiscal year 2009;
         (C) "30,000" for fiscal year 2010; and
         (D) "1/10,000 of the population of Atlasia, as established by the last completed decennial census" for fiscal year 2011 and thereafter.
      (4) The number "114,200" in section 203(a)(2) of the Immigration and Nationality Act [8 U.S.C. 1153(a)(2)] shall be substituted by -
         (A) "125,000" for fiscal year 2008;
         (B) "137,500" for fiscal year 2009;
         (C) "150,000" for fiscal year 2010; and
         (D) "1/2000 of the population of Atlasia, as established by the last completed decennial census" for fiscal year 2011 and thereafter.
      (5) The number "65,000" in section 203(a)(4) of the Immigration and Nationality Act [8 U.S.C. 1153(a)(4)] shall be substituted by -
         (A) "75,000" for fiscal year 2008;
         (B) "82,500" for fiscal year 2009;
         (C) "90,000" for fiscal year 2010; and
         (D) "3/10,000 of the population of Atlasia, as established by the last completed decennial census" for fiscal year 2011 and thereafter.
   (b) Employment-based immigrants
   The number "140,000" in section 201(d)(1) of the Immigration and Nationality Act [8 U.S.C. 1151(d)(1)] shall be substituted by -
         (A) "160,000" for fiscal year 2008;
         (B) "180,000" for fiscal year 2009;
         (C) "200,000" for fiscal year 2010; and
         (D) "1/1500 of the population of Atlasia, as established by the last completed decennial census" for fiscal year 2011 and thereafter.
   (c) Diversity immigrants
   The number "55,000" in section 201(e) of the Immigration and Nationality Act [8 U.S.C. 1151(e)] shall be substituted by -
         (A) "57,000" for fiscal year 2008;
         (B) "58,500" for fiscal year 2009;
         (C) "60,000" for fiscal year 2010; and
         (D) "1/5000 of the population of Atlasia, as established by the last completed decennial census," for fiscal year 2011 and thereafter.
   (d) Cancellation of removal; adjustment of status
   The number "4,000" in section 240A(e)(1) of the Immigration and Nationality Act [8 U.S.C. 1229b(e)(1)] shall be substituted by -
         (A) "4,800" for fiscal year 2008;
         (B) "5,400" for fiscal year 2009;
         (C) "6,000" for fiscal year 2010; and
         (D) "1/50,000 of the population of Atlasia, as established by the last completed decennial census," for fiscal year 2011 and thereafter.
   (e) Adjustment of status for victims of trafficking
   The number "5,000" in section 245(l)(4)(A) of the Immigration and Nationality Act [8 U.S.C. 1255(l)(4)(A)] shall be substituted by -
         (A) "5,400" for fiscal year 2008;
         (B) "5,700" for fiscal year 2009;
         (C) "6,000" for fiscal year 2010; and
         (D) "1/50,000 of the population of Atlasia, as established by the last completed decennial census," for fiscal year 2011 and thereafter.

§2. Changes in the number of nonimmigrants subject to direct numerical limitations
   Effective beginning fiscal year 2011, section 214(g)(1) of the Immigration and Nationality Act [8 U.S.C. 1184(g)(1)] shall be amended to read as follows:
      "(1) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year -
         "(A) under subparagraph (H)(i)(b) [8 U.S.C. 1101(a)(15)(H)(i)(b)] of section 101(a)(15) of the Immigration and Nationality Act may not exceed 1/4000 of the population of Atlasia, as established by the last completed decennial census; or
         "(B) under subparagraph (H)(ii)(b) [8 U.S.C. 1101(a)(15)(H)(ii)(b)] of section 101(a)(15) of the Immigration and Nationality Act may not exceed 1/4000 of the population of Atlasia, as established by the last completed decennial census."

§2, Clarification of whether certain territories to be considered as a separate foreign state or dependent area
   (a) Separate foreign states
   Notwithstanding any other law, the following shall be considered separate foreign states for the purposes of a numerical level established under subsection (a)(2) of section 202 of the Immigration and Nationality Act [8 U.S.C. 1152(a)(2)]:
      (1) the constituent countries of the United Kingdom,
      (2) New Caledonia,
      (3) the Republic of China,
      (4) the special administrative regions of the People's Republic of China,
      (5) Kosova, and
      (6) Palestine.
   (b) Dependant areas
   Notwithstanding any other law, the following shall be considered dependant areas for the purposes of a numerical level established under subsection (a)(2) of section 202 of the Immigration and Nationality Act [8 U.S.C. 1152(a)(2)]:
      (1) Åland,
      (2) the autonomous regions of the People's Republic of China,
      (3) the autonomous countries of Denmark,
      (4) the départements d'outre-mer of the French Republic,
      (5) the autonomous countries of the Netherlands
      (6) the crown dependencies of the United Kingdom and
      (7) the Duchy of Cornwall.
   (c) Construction
   The designation of an area as a separate foreign state or as a dependent area under either this section or subsection (a)(2) of section 202 of the Immigration and Nationality Act [8 U.S.C. 1152(a)(2)] shall not be construed as formal recognition of the level of sovereignity of a territory nor for any other purpose unrelated to determining the numbers of immigrants admitted from certain territories.
   (d) Repeal of superseded law
   Section 103 of Pub. L. 101-649 (relating to Hong Kong) and section 714 of Pub. L. 97-113 (relating to Taiwan) are repealed as superseded by this section, and any reference to said sections in any law, regulation, or rule shall be deemed to be a reference to the corresponding provisions of this section.

§3. Ending of special immigration status for certain Amerasian children
   (a) Repeal
   Section 204(f) of the Immigration and Nationality Act [8 U.S.C. 1154(f)] granting special immigration status for Amerasian children born prior to October 22, 1982 shall be repealed as of October 22, 2007.
   (b) Savings
   No person admitted as an immigrant under the provision repealed in subsection (a) shall have that status adversely affected as a result of such repeal.

§4. Ending of bar to the admission of practicing polygamists
   (a) Repeal
   Section 212(a)(10)(A) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(10)(A)] barring the admission of practicing polygamists shall be repealed as of fiscal year 2008.
   (b) Construction
   This section shall not be construed as legal recognition of a polygamous relationship by the Republic of Atlasia or any of its subdivisions.  This section shall not be construed as invalidating any criminal or civil penalty for polygamy under the laws of the Republic of Atlasia or any of its subdivisions.  This section shall not be construed as allowing more than one spouse entry for the purpose of accompanying an alien allowed admission where existing law allows for entry of a single such spouse.
   
§5. Ending of special non-visa admission to Guam
   (a) Repeal
   Section 212(l) of the Immigration and Nationality Act [8 U.S.C. 1182(l)] providing for the admission of certain aliens to Guam for a period of no more than 15 days shall be repealed as of fiscal year 2009.
   (b) Conforming repeals
   The following portions of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] shall be repealed as of fiscal year 2009.
      (1) Section 212(a)(7)(B)(iii) [8 U.S.C. 1182(a)(7)(B)(iii)],
      (2) The second sentence of section 214(a)(1) [8 U.S.C. 1184(a)(1)], and
      (3) The words "section 212(l) of this Act or" in sections 245(c)(4) and 248(4) [8 U.S.C. 1255(c)(4), 1258(4)].
   (c) Transition
   A person admitted under section 212(l) of the Immigration and Nationality Act [8 U.S.C. 1182(l)] during the last 15 days of fiscal year 2008 shall be able remain in Guam for a full 15 days not withstanding the repeals under subsections (a) and (b) of this section under the conditions that would pertain if said repeals had not been enacted.

(continued in next post)

[Ebowed]

§6. H-2A Program improvements
   (a) Barring land transfer to avoid penalty for violations
   To prevent efforts to avoid penalties for violations of the temporary agricultural worker (H-2A) program by transferring control of land where violations occur to another employer, the following shall be added as paragraph (5) to section 218(b) of the Immigration and Nationality Act [8 U.S.C. 1188(b)]
      "(5)(A) The employer has agricultural control of land, except as provided in subparagraph (C), where a violation of a material term or condition of the labor certification with respect to the employment of domestic or nonimmigrant workers has occurred within the two previous years, regardless of whether such land was under the agricultural control of the employer at the time of the violation.
         "(B) In this paragraph “agricultural control” means being either the lessor of the land with the right to make agricultural use of the land, or the owner of such land who has not leased such right to another party.
         "(C) This paragraph shall not apply to the owner of land described in subparagraph (A) if the violation was made by a lessor with agricultural control at the time of the violation, and the owner agrees to make no agricultural use of said land until two years after the violation occurred."
   (b) Repeal of biennial H-2A Program reports
   Section 403 of the Immigration Reform and Control Act of 1986 [8 U.S.C. 1188 note] requiring biennial reports by the President to the legislative branch on the temporary agricultural worker (H-2A) program shall be repealed after the presentation of the next scheduled report.

§7. Increase in penalty for violation of regulations of ports of entry for aliens arriving by aircraft
   Section 234 of the Immigration and Nationality Act [8 U.S.C. 1224] providing for the designation of ports of entry for aliens arriving by aircraft is amended by substituting "$5,000" for "$2,000" in each place that it occurs.

§8. Removal of prohibition against importation of aliens for prostitution or other immoral purposes
   (a) Repeal
   Section 278 of the Immigration and Nationality Act [8 U.S.C. 1328] banning the importation of aliens for prostitution or other immoral purposes is repealed as of the end of the current fiscal year.
   (b) Construction
      (1) This section shall not be construed as permitting the entry of aliens for such purposes in such areas where they are illegal.
      (2) This section shall not be construed as permitting the entry of aliens barred from entry because of a previous violation of such repealed law.
      (3) This section shall not be construed as barring the prohibition of the importation of such alien for such purposes, if such prohibition can be based on any other section of law.

§9. Abolition of the Immigration Enforcement Account
   (a) Repeal
   Section 280(b) of the Immigration and Nationality Act [8 U.S.C. 1330(b)] providing for an Immigration Enforcement Account is repealed as of the end of the current fiscal year.
   (b) Disposition of funds
      (1) Penalties that would have gone into the Immigration Enforcement Account  in a any succeeding fiscal year shall either be disbursed according to other law that would be operative in the absence of said section 280(b), or if there be no such law, into the treasury as general receipts.
      (2) All funds in the Immigration Enforcement Account as of the end of the current fiscal year shall be covered into the treasury as general receipts.

§10. Harmonization of work hours and rates of overtime pay for immigration officials with other Federal employees.
   (a) Repeal
   The Act of Mar. 2, 1931 (46 Stat. 1467 [8 U.S.C. 1353a, 1353b]) shall be repealed effective as of the first pay period of fiscal year 2008.
   (b) Conforming repeals
      (1) The Act of Aug. 22, 1940 (54 Stat. 858 [8 U.S.C. 1353d]) shall be repealed effective as of the first pay period of fiscal year 2008.
      (2) Section 5549(2) of Title 5, United States Code shall be repealed effective as of the first pay period of fiscal year 2008.
   (c) Adjustment of pay grade
   The President is authorized, consistent with the guidelines of section 5104 of Title 5, United States Code, to adjust, effective as of the first pay period of fiscal year 2008, the pay grades of positions affected by this section so as to minimize the difference in overall pay caused by the switch in the method of calculating overtime pay and hours resulting from this section.

§11. Passenger inspection fees
   (a) Increases
      (1) The figure "$7" in section 286(d) of Immigration and Nationality Act [8 U.S.C. 1356(d)] shall be replaced by -
         (A) "$8" for fiscal year 2008,
         (B) "$9" for fiscal year 2009, and
         (C) "$10" for fiscal year 2010 and thereafter.
      (1) The figure "$3" in section 286(e)(3) of Immigration and Nationality Act [8 U.S.C. 1356(e)(3)] shall be replaced by -
         (A) "$3.50" for fiscal year 2008,
         (B) "$4" for fiscal year 2009,
         (C) "$4.50" for fiscal year 2010, and
         (D) "$5" for fiscal year 2011 and thereafter.
   (b) Ending of accounting gimmick for fees collected during fourth fiscal quarter
   The following text is struck from section 286(f)(3) of Immigration and Nationality Act [8 U.S.C. 1356(f)(3)]: ", except the fourth quarter payment for fees collected from airline passengers shall be made on the date that is ten days before the end of the fiscal year, and the first quarter payment shall include any collections made in the preceding quarter that were not remitted with the previous payment" effective as of the beginning the first fourth fiscal quarter begun after the date of enactment of this Act.

§12. Metrification of distances in the Immigration and Nationality Act and related legislation
   (a) Section 258(d)(3)
   In section 258(d)(3) of the Immigration and Nationality Act [8 U.S.C. 1288(d)(3)] -
      (1) the distance "5 miles" in subparagraph (A)(iii)(IV) shall be replaced by "10 kilometers", and
      (2) the distance "7 1/2 miles" in subparagraph (B) shall be replaced by "15 kilometers".
   (b) Section 287(a)(3)
   In section 287(a)(3) of the Immigration and Nationality Act [8 U.S.C. 1357(a(3)] the distance "twenty-five miles" shall be replaced by "50 kilometers".
   (c) Title 10
   In section 374(b)(2)(B) of Title 10, United States Code, the distance "25 miles" shall be replaced by "50 kilometers".
   (c) Effective date
   This section shall be effective as of 90 days after the date of enactment of this Act.

§13. Repeal of reimbursement for costs of incarcerating illegal aliens and certain Cuban nationals
   Sections 501 and 13 of the Immigration Reform and Control Act of 1986 [8 U.S.C. 1365, 1522(f)] shall be repealed effective as of fiscal year 2009.

§14. Change in frequency of reports of detention space in alien detention facilities
   Reports required under section 386 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended, [8 U.S.C. 1368] shall effective September 30, 2008 be required on an annual basis instead of a semi-annual basis.  Such reports shall be due no later than June 30 of each year.

§15. Clarifying the status of children born to illegal immigrants
   (a) Subject to the jurisdiction of Atlasia
   The following shall be added as section 309A of Title III of the Immigration and Nationality Act [8 U.S.C. 1410]:
   "§ 309A. Subject to the jurisdiction of Atlasia
      "(a) Definition - On or after January 1, 2008, for purposes of this title, a person shall be considered to be “subject to the jurisdiction of Atlasia”, only if such person is born of parents at least one of whom is a citizen of Atlasia, a national of Atlasia, or an immigrant alien of Atlasia.
      "(b) Savings - This section shall not affect the nationality status of any person born prior to January 1, 2008."
   (b) Status as nationals, but not citizens
      (1) In general
      The following shall be added as paragraph (5) of section 308 of the Immigration and Nationality Act [8 U.S.C. 1408]:
      "(5) A person born inside Atlasia and its outlying possessions of parents residing inside Atlasia and its outlying possessions, but none of whom is subject to the jurisdiction of Atlasia: Provided, that a parent who is a nonimmigrant alien with a valid nonimmigrant visa at the time of birth shall not be considered under this paragraph to be residing inside Atlasia and its outlying possessions."
      (2) Conforming amendments
         (A) Section 308(3) of the Immigration and Nationality Act [8 U.S.C. 1408(3)] shall be amended by replacing "; and" at the end with ";".
         (A) Section 308(4) of the Immigration and Nationality Act [8 U.S.C. 1408(4)] shall be amended by replacing "." at the end with "; and".
   (c) Effective date
   This section shall be effective as of January 1, 2008.

§16. Repeal of exemption from from naturalization fees for aliens naturalized through certain military service
   (a) Repeal
   Effective beginning fiscal year 2008, section 3 of Pub. L. 90-633 [8 U.S.C. 1440e] shall be repealed.
   (b) Savings
   This section shall not be construed as to require payment of previously exempt fees of persons naturalized prior to fiscal year 2008.

(continued in next post)

[Ebowed]

§17. Repeal of refugee-specific education assistance
   The Refugee Education Assistance Act of 1980 (Pub. L. 96-422, Oct. 10, 1980, 94 Stat. 1799 [8 U.S.C. 1522 note] shall be repealed effective beginning fiscal year 2009.

§18. Repeal of Federal restriction on local residency educational benefits
   (a) Repeal
   Effective beginning July 1, 2008, Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [8 U.S.C. 1623] shall be repealed.
   (b) Savings
   Local governments may, if they so desire, continue to condition the provision of higher education benefits available only to residents of that local government on the beneficiary being a citizen or national of Atlasia, or an alien lawfully present in Atlasia on or after July 1, 2008.
   (c) Construction
   This section shall not be construed as requiring a local government to provide such benefits to aliens not lawfully present in Atlasia unless such government has explicitly provided such benefits before, on, or after the date of enactment of this Act.

§19. Unlawful employment of aliens reform
   Except that any reference to a specific year or date not determined in relation to the date of enactment shall be instead treated as a reference to a year or date one year later than the one currently in such text, Title III (Unlawful Employment of Aliens) of S.2611 (109th Congress), as engrossed by the U.S. Senate, shall be enacted as law.


Sponsor: Sen. Ernest

[Јas]

Having no real clue what the reasoning or effects of this bill would be, I hope that Ernest will provide something of a tutorial on this, to aid my understanding.

[Colin]

The Cliffsnotes version please Senator Ernest, since I truely do believe that I might die before I actually am able to read the entire text of this bill.

[minionofmidas]

Having no real clue what the reasoning or effects of this bill would be, I hope that Ernest will provide something of a tutorial on this, to aid my understanding.

Motion seconded.

[Ebowed]

I motion to strike Section 15 from the bill.

[Ebowed]

We are voting on whether or not to strike Section 15 from the bill.

---

Aye

[Јas]

I motion to strike Section 15 from the bill.

Can you explain what section 15 proposes and why you want it removed?

[Ebowed]

I motion to strike Section 15 from the bill.

Can you explain what section 15 proposes and why you want it removed?

Well, by my reading, Section 15 will loosen the strong protection given by the American constitution and presumably carried into Atlasian law of anyone being born here being given citizenship regardless of the status of their parents.  It's difficult to tell what exactly most sections in this bill will do, but I think, if I'm interpreting this correctly, that the bill will deny automatic citizenship to children born to illegal aliens.  Although, I oppose removing the guarantee of automatic citizenship to anyone born here regardless of its effect on illegal immigrants.

[I spent the winter writing songs about getting better]

Aye

[Brandon H]

Nay

[Јas]

I motion to strike Section 15 from the bill.

Can you explain what section 15 proposes and why you want it removed?

Well, by my reading, Section 15 will loosen the strong protection given by the American constitution and presumably carried into Atlasian law of anyone being born here being given citizenship regardless of the status of their parents.  It's difficult to tell what exactly most sections in this bill will do, but I think, if I'm interpreting this correctly, that the bill will deny automatic citizenship to children born to illegal aliens.  Although, I oppose removing the guarantee of automatic citizenship to anyone born here regardless of its effect on illegal immigrants.

Thanks.

Aye

[minionofmidas]

Aye.

[Rob]

Aye

[Ebowed]

The amendment passes.

[DownWithTheLeft]

I know it's hard to comprenhend this bill, but is it possible that this bill and the Anti-CARLHAYDEN bill could have some direct contradictions?

[Јas]

I know it's hard to comprenhend this bill, but is it possible that this bill and the Anti-CARLHAYDEN bill could have some direct contradictions?

Do elucidate... what contradictions exist between the bills?

[minionofmidas]

I know it's hard to comprenhend this bill, but is it possible that this bill and the Anti-CARLHAYDEN bill could have some direct contradictions?

Do elucidate... what contradictions exist between the bills?

Well anyways, if they do contradict each other, then the one passed last stands. (So let's pass this one first. )

[Ebowed]

Is there any further debate to be had?

[Colin]

Senator Ernest has yet to give a summary of the propositions in this bill or give any statement to the Senate concerning the effects that this bill would have, fully, upon Atlasian immigration policy.

[Јas]

Senator Ernest has yet to give a summary of the propositions in this bill or give any statement to the Senate concerning the effects that this bill would have, fully, upon Atlasian immigration policy.

[Ebowed]

Senator Ernest may be away.  Although he has logged in, he hasn't posted since April 7.

[Ebowed]

I'm leaving 24 hours for any further comments & debate.

[Јas]

Given that Senator Ernest has obviously put significant consideration into this bill, that the bill is on an issue of importance and that the absence of Ernest is quite unusual, I would ask that voting be postponed for as long as is allowed under Senate rules to allow Ernest the opportunity to return and explain the text. I appreciate that the bill can be reintroduced, but this would lead to a very considerable delay on a bill which has clearly taken some effort on Ernest's part.