S.744 does not require illegal aliens to pay back taxes before getting legal status (RPI status). It only requires RPI applicants to pay back taxes “assessed” at the time of application. (Sec. 2101, p. 70) S.744 allows DHS to grant legal status (registered provision immigrant, or RPI status) in 6 months, before any measure to secure the border has been taken. (Sec. 3, p. 10; Sec. 5, p. 24) S.744 includes the DREAM Act, which puts illegal aliens who entered the U.S. before 16 on a 5-year path to citizenship. However, unlike previous versions of the bill, there is no age limit and DHS may waive the work/study requirement. (Sec. 2103, p. 112) S.744 grants amnesty to illegal farm workers and gives them green cards in five years. (Sec. 2211, p. 155; Sec. 2212, p. 177 S.744 does not require a biometric exit system at all land, air and sea ports of entry to track aliens who enter and leave the U.S., per current law. Instead, Section 3303 requires only a biographic exit system only at air and sea ports that merely collects information on a form or scans your identification document. (Sec. 3303, p. 556) S.744 does not require any additional border fencing or completion of current border fence requirements. Instead, it requires DHS to submit to Congress a fencing “strategy,” in which DHS recommends what additional fencing is needed along the U.S.-Mexico border, if any. (Sec. 5, p. 24) S.744 does not require illegal aliens to pay back taxes before getting legal status (RPI status). It only requires RPI applicants to pay back taxes “assessed” at the time of application. (Sec. 2101, p. 70) S.744 does not require illegal aliens to learn English before receiving amnesty or even a green card. Under Section 2101, an RPI alien who applies for a green card to merely demonstrate that the alien is satisfactorily pursuing a course of study to achieve an understanding of English and knowledge and understanding of civics (Sec. 2101, p. 105) S.744 allows illegal aliens who have been deported (for any reason) and/or who have re- entered illegally to apply for RPI status if they have certain family members in the U.S. (Sec. 2101, p. 73) S.744 does not add any additional Border Patrol agents, who patrol the vast territory between ports of entry. Instead, S.744 adds 3,500 Customs and Border Protection officers, many of whom do only customs work, and are stationed at official ports of entry. S.744 does not require any border security measures be taken on the northern border or along the coasts where more illegal aliens are arriving to avoid border patrol agents and drug cartels. Instead, it only requires that DHS prepare a border security strategy for the U.S.-Mexico border. S.744 allows states to grant in-state tuition to illegal aliens—not the aliens who receive amnesty, but all illegal aliens who arrive in the future. (Sec. 2103, p. 119) S.744 does not end abuse of prosecutorial discretion or administrative amnesty by the Obama administration. Instead, it leaves in place policies direct immigration agents to release illegal aliens the Administration deems “low priority.” S.744 allows DHS to waive multiple misdemeanor convictions when granting amnesty, so an alien with three or more misdemeanors still may be eligible for legal status (RPI status). (Sec. 2101, pp. 64-67) S.744 also authorizes DHS to waive a broad array of unlawful behavior for the purpose of determining whether illegal aliens are admissible, including: • Gang-related crimes and gang membership; • Three or more drunk driving offenses; • Domestic violence, stalking, child abuse, and violation of protective orders; • Committing crimes of moral turpitude; • Violating federal or state drug laws; • Trafficking in passports; • Providing fraudulent immigration services; • Trafficking immigration documents, including document fraud; • Prostitution; • Misrepresenting a material fact to procure visas or other immigration benefits (if done for any purpose other than submitting an amnesty application); • Violating student visas; • Falsely claiming citizenship; • Illegally re-entering the U.S. after deportation (which is a felony); (Sec. 2101, p. 66) and • All other grounds not specifically listed in the bill. (Sec. 2101 INA245B(b)(3)(i), p. 65) S.744 creates a new unskilled guest worker program, through a new W visa, to bring in up to 200,000 additional workers each year. (Sec. 4703, p. 834) S.744 increases the number of guest workers by 50 percent over the decade after enactment. S.744 doubles legal immigration within a decade after enactment—and triples it if you include the 12 million amnestied illegal aliens. This is the equivalent of adding the population of Canada – nearly 34 million people, virtually all of whom will need jobs—in a decade. Moreover, this estimate relates to legal permanent residents only, not temporary workers. S.744 creates a new bureaucracy, the Office of Legal Access Programs, to provide illegal aliens with legal orientation programs that help fight deportation. The bill requires DHS to make these programs available to the aliens within 5 days of being taken into custody. Section 3503 also authorizes the Office of Legal Access Programs to provide services, including legal services, to aliens in deportation hearings. (Sec. 3503, p. 585) S.744 authorizes illegal aliens to bring class action lawsuits against the government for a denial of RPI status. (Sec. 2104, p. 131) S.744 does not end chain migration, which leads to the admission of large numbers of low-skilled, less educated immigrants. While at first it appears that the bill repeals two family-based categories for admission, it eliminates the effect of doing so by giving family members extra weight in the merit-based immigration program and by including spouses and children of legal permanent residents in the definition of immediate relatives, significantly expanding legal immigration. (Sec. 2301, p. 264; Sec. 2305, p.282) S.744 creates a “slush fund” for nonprofits that help implement the amnesty. Section 2537 authorizes DHS to award newly-created Initial Entry, Adjustment, and Citizenship Assistance (IEACA) grants to nonprofit organizations that help illegal aliens navigate the amnesty process. The bill appropriates $100 million for IEACA grants for the first five years and such sums as may be necessary for fiscal year 2019 and subsequent fiscal years. (Sec. 2537, pp. 397-99) S.744 does not prohibit state and local jurisdictions from giving benefits to newly legalized aliens. Many states, such as California, give benefits to illegal aliens and nonimmigrants (temporary aliens) such as taxpayer funded health care and welfare benefits. (Sec. 2101, p. 92 Moreover, S.744 provides that when an RPI alien applies for legal permanent resident status – a point at which many federal benefits become available—the alien need only demonstrate income or resources equal to 125 percent of the federal poverty level. (Sec. 2102, INA 245C(a) and (b) p. 94) S.744 requires that DHS waive the public charge law when determining which aliens are eligible for amnesty. (Sec. 2101, p.65) That law prohibits DHS from admitting any alien who is likely to become a public charge. S.744 exempts immigrants (green card holders) with advanced degrees in science, technology, engineering and math, also referred to as STEM fields, from the cap on employment-based immigration. This will dramatically increase competition for Americans entering or working in those fields. (Sec. 2307, p. 315-16)
Posted on: Mon, 28 Jul 2014 20:06:25 +0000
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