Keepin’ It Real

June 26, 2007

The “Clay Pigeon” Amendments to the Immigration Bill

Filed under: Immigration — mary @ 10:31 pm

378 pages of amendments. (Just in case you are interested in reading it, here it is.) Have the Imperial Senators who are supposed to vote on this monster even read this? Will they ever read it? I did. But without sitting down for hours comparing the original bill with the amendments I cannot gain a totally accurate picture of the entire bill. Will the “lawmakers” do this, or are they so hell-bent on a deal that they really don’t care?

Here’s a few comments on the amendments:

1. The promise that the 24 hour approval process would be done away with was a lie. Here it is in the amendments:

(2) TIMING OF PROBATIONARY STATUS. – No alien may be granted probationary status until the alien has passed all appropriate background checks or the end of the next business day, whichever is sooner. (p. 21, line 12).

So, the immigrant will be treated as legal one business day after applying, even if the background check is not completed.

2. What I find interesting is that an applicant for a Z visa does not have to pass any medical examination until such time as he or she decides to adjust his or her status to that of permanent resident visa holder:

(g) MEDICAL EXAMINATION. – An applicant for earned adjustment shall undergo an appropriate medical examination (including a determination of immunization status) that conforms with generally accepted professional standards of medical practice. (p 47)

So, Z visa holders can have any medical condition which may threaten the public health (including no immunizations)? Does the public health not matter at all to our Imperial Senate?

3. Agricultural worker visas (Z-A visas) will be granted to 1,500,000 people. This figure does not include said agricultural workers’ spouses or children. (1) Z-A VISA. – The Secretary may not issue more than 1,500,000 Z-A Visas.
(2) Z-A DEPENDENT VISA. – The Secretary may not county any Z-A dependent visa issued against the numerical limitation described in paragraph (1)
(p. 92).

1,500,000 ag workers, plus spouses and children (even at 2 children per household that’s 3 million anchor babies).

4. New employment rights, not available to other workers, have been established by this amendment:

h) TREATMENT OF ALIENS GRANTED A Z-A VISA. –

(3) TERMS OF EMPLOYMENT. –

(A) PROHIBITION. – No alien issued a Z-A visa may be terminated from employment by any employer during the period of a Z-A visa except for just cause. (pp. 93-94)

Z-A visa holders can only be fired “for just cause”. This goes against the employment law of “employment at will” where an employer can fire an employee for any reason, except as prohibited by employment discrimination laws. So, can citizens working in agriculture be fired for any reason, while their Z-A visa holding fellow workers can only be fired for “just cause”? Will this be deemed as unequal treatment under the law? Will the result be to expand “just cause” termination requirements to all employer-employee relationships, destroying the doctrine of employment at will? I think a California court will do just that.

5. The 24 hour rule applies to military service too! Glad to know that any person can serve in the U.S. Armed Forces, even if they would not pass a background check, as long as 24 hours has passed since submission to that background check, and nothing has come back yet. National Security at its most secure.

AUTHORITY FOR ALIENS WITH PROBATIONARY Z NONIMMIGRANT STATUS TO SERVE IN THE ARMED FORCES.

An alien who files for application for Z nonimmigrant status shall under the first section 601 (included in title IV relating to nonimmigrants in the United States previously in unlawful status), upon submission of any evidence required under paragraphs (f) and (g) of such section 601 and after the Secretary of Homeland Security has conducted appropriate background checks, to include name and fingerprint checks, that have not by the end of the next business day produced information rendering the applicant ineligible shall be eligible to serve as a member of the Armed Forces of the United States. (pp. 344-345)

Terrorists, cross your fingers that your background check takes longer than 24 hours and you can be given government issued weapons and a uniform!

6. And for those of you longing for potential pork. Your government, as a result of this amendment, will be investigating the treatment of Latin Americans of Japanese descent during WWII.

Subtitle B – Commission on War-time Relocation and Internment of Latin Americans of Japanese Descent

Sec. 1 SHORT TITLE.

This subtitle may be cited as the “Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act”.

Sec. 1 PURPOSE.

The purpose of this subtitle is to establish a fact-finding Commission to extend the study of the Commission on Wartime Relocation and Internment of Civilians to investigate and determine facts and circumstances surrounding the relocation, internment, and deportation to Axis countries of Latin Americans of Japanese descent from December 1941 through February 1948, and the impact those actions by the United States, and to recommend appropriate remedies, if any, based on preliminary findings by the original Commission and new discoveries. (p. 354)

Reparations anyone??

This is just a bit of the mess that is the clay pigeon amendment document. There’s more, of course, and I urge you to read it.

This is an outrage to those who want serious work on the immigration problem. It endangers our national security, our national public health and has many unintended consequences that our legislators should really consider thoughtfully, not just in a quick move to pass the bill and go on vacation. It’s time for the Imperial Senators to do their jobs, or risk losing them.

ETA Ed Morrissey at Captain’s Quarters is spending time analyzing the bill. Check it out.

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