Senate Immigration Bill
Here are the provisions related to "amnesty" or adjustment, as the legislation calls it, for illegal immigrants that have worked in the United States. This is what I tried unsuccessfully to find in class. Illegal immigrants would be eligible to become permanent residents if they meet the criteria offered. This resolution passed the Senate; it will have to be reconciled with a radically different House bill, and there is little sign that will occur before the Nov. 2006 elections.
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
`(C) ADMISSIBLE UNDER IMMIGRATION LAWS- The alien shall establish that the alien is not inadmissible under section 212(a) except for any provision of that section that is waived under subsection (b) of this section.
`(D) EMPLOYMENT IN UNITED STATES-
`(i) IN GENERAL- The alien shall have been employed in the United States, in the aggregate, for--
`(I) at least 3 years during the 5-year period ending on April 5, 2006; and
`(II) at least 6 years after the date of enactment of the Immigrant Accountability Act of 2006.
`(I) The employment requirement in clause (i)(I) shall not apply to an individual who is under 20 years of age on the date of enactment of the Immigrant Accountability Act of 2006.
`(II) The employment requirement in clause (i)(II) shall be reduced for an individual who cannot demonstrate employment based on a physical or mental disability or as a result of pregnancy.
`(III) The employment requirement in clause (i)(II) shall be reduced for an individual who is under 20 years of age on the date of enactment of the Immigrant Accountability Act of 2006 by a period of time equal to the time period beginning on such date of enactment and ending on the date on which the individual reaches 20 years of age.
`(IV) The employment requirements in clause (i) shall be reduced by 1 year for each year of full time post-secondary study in the United States during the relevant period.
`(V) The employment requirement under clause (i)(I) shall not apply to any individual who is 65 years of age or older on the date of the enactment of the Immigrant Accountability Act of 2006.
`(iii) PORTABILITY- An alien shall not be required to complete the employment requirements in clause (i) with the same employer.
`(iv) EVIDENCE OF EMPLOYMENT-
`(I) CONCLUSIVE DOCUMENTS- For purposes of satisfying the requirements in clause (i), the alien shall submit at least 2 of the following documents for each period of employment, which shall be considered conclusive evidence of such employment:
`(aa) Records maintained by the Social Security Administration.
`(bb) Records maintained by an employer, such as pay stubs, time sheets, or employment work verification.
`(cc) Records maintained by the Internal Revenue Service.
`(dd) Records maintained by a union or day labor center.
`(ee) Records maintained by any other government agency, such as worker compensation records, disability records, or business licensing records.
`(II) OTHER DOCUMENTS- An alien who is unable to submit a document described in subclause (I) may satisfy the requirement in clause (i) by submitting to the Secretary at least 2 other types of reliable documents that provide evidence of employment for each required period of employment, including--
`(aa) bank records;
`(bb) business records;
`(cc) sworn affidavits from non-relatives who have direct knowledge of the alien's work, including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information; or
`(dd) remittance records.
`(v) BURDEN OF PROOF- An alien applying for adjustment of status under this subsection has the burden of proving by a preponderance of the evidence that the alien has satisfied the employment requirements in clause (i). Once the burden is met, the burden shall shift to the Secretary of Homeland Security to disprove the alien's evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence.
`(E) PAYMENT OF INCOME TAXES-
`(i) IN GENERAL- Not later than the date on which status is adjusted under this section, the alien establishes the payment of any applicable Federal tax liability by establishing that--
`(I) no such tax liability exists;
`(II) all outstanding liabilities have been paid; or
`(III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
`(ii) APPLICABLE FEDERAL TAX LIABILITY- For purposes of clause (i), the term `applicable Federal tax liability' means liability for Federal taxes, including penalties and interest, owed for any year during the period of employment required by subparagraph (D)(i) for which the statutory period for assessment of any deficiency for such taxes has not expired.
`(iii) IRS COOPERATION- The Secretary of the Treasury shall establish rules and procedures under which the Commissioner of Internal Revenue shall provide documentation to an alien upon request to establish the payment of all taxes required by this subparagraph.
`(i) IN GENERAL- The alien may satisfy such requirement by establishing that--
`(I) no such tax liability exists;
`(II) all outstanding liabilities have been met; or
`(III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service and with the department of revenue of each State to which taxes are owed.
`(ii) LIMITATION- Provided further that an alien required to pay taxes under this subparagraph, or who otherwise satisfies the requirements of clause (i), shall not be allowed to collect any tax refund for any taxable year prior to 2006, or to file any claim for the Earned Income Tax Credit, or any other tax credit otherwise allowable under the tax code, prior to such taxable year.
`(F) BASIC CITIZENSHIP SKILLS-
`(i) IN GENERAL- Except as provided in clause (ii), the alien shall demonstrate that the alien meets the requirements of section 312(a) (relating to English proficiency and understanding of United States history and Government).
`(I) MANDATORY- The requirements of clause (i) shall not apply to any person who is unable to comply with those requirements because of a physical or developmental disability or mental impairment.
`(II) DISCRETIONARY- The Secretary of Homeland Security may waive all or part of the requirements of clause (i) in the case of an alien who is 65 years of age or older as of the date of the filing of the application for adjustment of status.
`(G) SECURITY AND LAW ENFORCEMENT CLEARANCES- The alien shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this subsection. The relevant Federal agencies shall work to ensure that such clearances are completed within 90 days of the submission of fingerprints. An appeal of a security clearance determination by the Secretary of Homeland Security shall be processed through the Department of Homeland Security.
`(H) MILITARY SELECTIVE SERVICE- The alien shall establish that if the alien is within the age period required under the Military Selective Service Act (50 U.S.C. App. 451 et seq.) that such alien has registered under that Act.
`(I) ADJUSTMENT OF STATUS- The Secretary may not adjust the status of an alien under this section to that of lawful permanent resident until the Secretary determines that the priority dates have become current for the class of aliens whose family-based or employment-based petitions for permanent residence were pending on the date of the enactment of the Comprehensive Immigration Reform Act of 2006.