TABLE OF CONTENT
Letter of Introduction
PART I – AN OVERVIEW ON IMMIGRATION
A. Border Security
B. History of immigration Laws
C. Amnesty and recent attempts to pass Immigration laws
D. States approving and enforcing their own immigration laws
E. Controlling the visa process
F. Types of Immigration Visas presently available and requirements
G. Economic aspect associated with the illegal immigration
PART II – BASIC NAFAPAC PROPOSAL
A. Border security
C. Provisional Visa for the undocumented immigrants
D. Requirements by undocumented immigrants
F. Right to citizenship by birth
G. English language requirements
H. Education of undocumented immigrants
I. Hiring of undocumented immigrants
J. Undocumented immigrants seeking political asylum
K. Undocumented immigrants arriving by sea
L. Stringent policies to verify entry visas
M. Official language in the United States of America
N. Final Notes
NAFAPAC ON IMMIGRATION
AN OVERVIEW ON IMMIGRATION
The Founding Fathers of the United States of America were men of great vision and determined to create a unique nation of laws and order. These were Americans of Faith committed to “a firm Reliance on the Protection of divine Providence” and ready to “pledge to each other their Lives, their Fortunes and their sacred Honor.” In the Constitution of the United States of America we also read, “We hold these Trusts to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty, and the Pursue of Happiness.”
Since the signing of the Constitution in 1776, the United States of America has been a nation willing to receive immigrants from all nations and many of these immigrants have contributed to build “One Nation under God, indivisible, with liberty and justice for all.” It was the intention of the Founding Fathers to create a nation where order prevailed and where the laws were respected by all.
The Constitution gave the U.S. Congress complete authority over immigration and passing federal immigration laws. However, in recent years, the immigration in the United States has become a complex subject matter bringing controversy and heated debates about the fate of the undocumented immigrants. The reality is that, the immigration laws have not been properly enforced by the Federal authorities and millions of “undocumented immigrants” have not respected the laws either.
The term “undocumented immigrant” or “Illegal Immigrant” are given to those entering the United States by crossing the borders without any documentation. The same applies to those allowing their entry visas to expire and staying in the United States without legal immigration documents and ignoring the Immigration laws. An illegal immigrant is considered citizen of his or her respective country of birth other than United States, or having citizenship from another country. Until their legal immigration status is granted in the United States they are considered “undocumented immigrants.”
An article published by Wikipedia states that, “The illegal immigrant population of the United States in 2008 was estimated by the Center for Immigration Studies to be about 11 million people, down from 12.5 million people in 2007. According to a Pew Hispanic Center report, in 2005, 57% of illegal immigrants were from Mexico; 24% were from other Latin American countries, primarily from Central America; 9% were from Asia; 6% were from Europe; and 4% were from the rest of the world.”
The right to be accepted and granted legal immigration status in the United States can be summarized as follows:
The granting of Citizenship is a process of several legal steps, first by securing permanent residence and, after several years of waiting and assimilation, the granted of full citizenship in the United States. U. S. Citizenship is a privilege and it is not a right. It must be earned. No one has the right to demand residence status or citizenship after breaking the immigration laws.
The issue of racial profiling, discrimination or racial bias shall not be applied to the illegal immigrants nor shall the illegal immigrant use the racial profiling, discrimination or racial bias to create unrest or violence. Those caught in these activities shall be processed and deported for undermining the safety of our citizens and the national security of the United States.
In many countries, there are thousands of law abiding people going through the process to obtain legal permanent residence status in the United States. Many have been waiting for months and years for that privilege and these individuals deserve priority over those entering the United States illegally.
The question is, why granting legal immigration status to those breaking the immigration laws?
As an introduction, we are hereafter outlining some key factors associated with immigration in the United States:
A. BORDER SECURITY
Until the borders of the United States are secured, along the southern states, the illegal immigration will not be controlled. Several miles of fences have been built in the southern states to control the illegal crossing, but more has to be done and the Federal government must provide funding and security to achieve better controls.
The entry of undocumented immigrants through the southern borders is becoming a security issue for our national security. Terrorists can infiltrate our borders sending terrorist cells to different states to place the security of our citizens and country in danger. The Homeland Security Agency must assume greater role enforcing the existing immigration laws.
B. HISTORY OF THE IMMIGRATION LAWS
The first attempt by Congress to set immigration laws in the United States came in 1790. In 1795 an amendment to this Naturalization Act increased the residency requirements to five years and this requirement remains on the books to this day. The following are seven immigration laws implemented since 1790.
a. Naturalization Act of 1790
b. Immigration Act of 1924
c. Immigration and Naturalization Act of 1952 (INA)
d. Immigration Reform and Control Act (IRCA) of 1986
e. Immigration Marriage Fraud Amendment of 1986
f. Immigration Act of 1990
g. Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) of 1996
C. AMNESTY AND RECENT ATTEMPTS TO PASS IMMIGRATION LAWS
The Immigration Reform and Control Act (IRCA) of 1986 created tougher sanctions against employers, who hired illegal aliens, denied illegal aliens federally funded welfare benefits and legitimized some aliens through an amnesty program. However, this Act did not create the results expected and more illegal immigrants entered the United States.
Since 1986, the number of illegal immigrants in the United States has reached alarming proportions of near 12.0 million undocumented immigrants residing in the United States today and more continue crossing the border daily creating a burden for the social services and law enforcing authorities on the Border States. However, our Federal Government has failed to enforce the laws and secure the borders compounding on the gravity of the problem.
As recent as 2007, Senators Ted Kennedy and John McCain sponsored the Comprehensive Immigration Reform Act of 2007, or, in its full name, the Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 (S. 1348) was a bill discussed in the 110th United States Congress that would have provided legal status and a path to citizenship for the approximately 12 to 20 million illegal immigrants currently residing in the United States. The bill was portrayed as a compromise between providing a path to citizenship for illegal immigrants and increased border enforcement: it included funding for 300 miles (480 km) of vehicle barriers, 105 camera and radar towers, and 20,000 more Border Patrol agents, while simultaneously restructuring visa criteria around high-skilled workers. The bill also received heated criticism from both sides of the immigration debate. The bill was introduced in the United States Senate on May 9, 2007, but was never voted on, though a series of votes on amendments and cloture took place. The last vote on cloture, on June 7, 2007, 11:59 AM, failed 34-61 effectively ending the bill's chances. A related bill S. 1639, on June 28, 2007, 11:04 AM, also failed 46-53n 2006.
Legislation to secure the Borders, promote Economic Opportunity and the Immigration Reform Act of 2007 (S. 1348) did not pass because some of the features were considered amnesty policies for most Americans and a form of granting undocumented immigrants an easy path to permanent residence and citizenship.
Amnesty of undocumented immigrants in the United Sates is found to be a controversial issue hindering the establishment of a comprehensive immigration law in the United States. This is the result of the failures experienced by the amnesty program approved with the Immigration Reform and Control Act (IRCA) of 1986. Since then, most Americans oppose a “blank check amnesty” because it opens the door to accept and encourage more undocumented immigrants into the country and rewarding those entering the country illegally for breaking the immigration laws.
D. STATES APPROVING AND ENFORCING THEIR OWN IMMIGRATION LAWS
The failure by the Federal government to enforce the existing immigration laws and complete the construction of a wall at the southern borders have caused the State of Arizona to pass its own Immigration law to deal with the increasing crime in their cities and the illegal crossing of large numbers of undocumented immigrants in Arizona. This law has created a controversy with the Federal government and a potential challenge in court. Other states are also considering passing similar immigration laws to deal with the same situation.
Last time an Immigration Reform was considered by the United States Congress was in 2007 and this attempt failed because the issue on amnesty. It is time for the U.S. Congress to get serious and pass a Comprehensive Immigration Law to settle the status of 12.0 million undocumented immigrants living in the United States.
E. CONTROLLING THE VISA PROCESS
The federal government can achieve the goals of its immigration policies by controlling the issuing of visas. There are two types of visas: immigrant visas and non-immigrant visas. The government primarily issues non-immigrant visas to tourists and temporary business visitors. The government divides non-immigrant visas into several types of visas. However, most of the visas do not impose caps on the number that may be granted in a year. Only a few categories of non-immigrant visas allow their holders to work in the United States. Immigrant visas, on the other hand, permit their holders to stay in the United States permanently and eventually to apply for citizenship. Aliens with immigrant visas can also work in the United States. Congress limits the quantity of immigrant visas, which numbered 675,000 in 1995. Many immigrant visas remain subject to per-country caps.
F. TYPES OF IMMIGRATION VISAS PRESENTLY AVAILABLE AND PROCEDURES
In general, to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s), U.S. lawful permanent resident, or by a prospective employer, and be the beneficiary of an approved petition filed with U.S. Citizenship and Immigration Services (USCIS). The USCIS website information concerning petition procedures. The following are different processes for the major immigrant categories:
Immediate Relative and Family Sponsored
- Family Immigration
- Marriage to a Foreign National
- Spouse or Fiance(e) of U.S. Citizen
- Spouse of Lawful Permanent Resident (LPR) in U.S.
- Adopting a Child
- Employment Visas
- Employment: Iraqi or Afghan Translators/Interpreters
- Employment: Iraqis - Worked for/on behalf of U.S. Government
- Employment: Afghans - Worked for/on behalf of the U.S. Government
- Employment: Religious Workers
- Diversity Visa (DV) Program - Visas provided are drawn from countries with low rates of immigration to the U.S. Unlike other immigrant types, Diversity Visas (DV) do not require a U.S. sponsor, and therefore a petition is not needed
After the immigrant petition has been approved (excluding DV applicants) by USCIS, then the next step is preliminary processing for a visa with the Department of State, National Visa Center. Visit Immigrant Visa Processing – the National Visa Center for information related to:
- Affidavit of Support
- Required applicant documents (i.e. birth certificates, police reports, marriage/divorce certificates, etc.)
- Medical Exam/Panel physician information
G. ECONOMIC ASPECT OF THE UNDOCUMENTED ILLEGAL IMMIGRATION
It is a known fact that undocumented immigrants are taking jobs most Americans do not want as farming, janitorial, landscaping, cleaning services and others. At the same time, a larger percentage of the undocumented immigrants work for cash and do not pay federal income taxes. In most cases, the undocumented immigrants send a substantial amount of their earnings back to their respective countries; therefore, limiting their contribution to the economic growth of this nation. In fact, the amount of dollars sent out of the United States every year by undocumented immigrants are estimated in the billions. On the other hand, undocumented immigrants contribute in small amount to local economies by paying sales taxes for items purchased.
An article published by Wikipedia states that, “In 2003, then-President of Mexico, Vicente Fox stated that remittances "are our biggest source of foreign income, bigger than oil, tourism or foreign investment" and that "the money transfers grew after Mexican consulates started giving identity cards to their citizens in the United States." He stated that money sent from Mexican workers in the United States to their families back home reached a record $12 billion. Two years later, in 2005, the World Bank stated that Mexico was receiving $18.1 billion in remittances and that it ranked third (behind only India and China) among the countries receiving the greatest amount of remittances.” It is estimated that the remittances in 2008 exceeded $20.0 billion. In 2010, those numbers should be lower due to the high unemployment and the economic crisis facing the United States. Other countries in Central and South America, the Caribbean and countries in Africa and in the Southeast Asia region receive remittances from residents in the United States as well.
By not paying federal income taxes to the federal government, the undocumented immigrants are not contributing to reduce the United States federal deficit and it puts a burden on social services, public schools, hospitals and health care services in many states and cities. This condition is also draining funds away from the United Sates economy while subsidizing the economies of other countries.
Under the present economic crisis and high unemployment facing the United States, many Americans fear that undocumented immigrants are taking jobs away from them. For all of these economic reasons, there is an urgent need to approve a Comprehensive Immigration Reform in the United States to resolve the issue of illegal immigration.
NAFAPAC’S IMMIGRATION REFORM PROPOSALS
The following are some key proposals for an Immigration Reform aimed at correcting some of the deficiencies in the current immigration laws.
A. BORDER SECURITY
a. The Federal government must secure our borders as the first step to control the flow of undocumented immigrants and to protect the national security of the nation from the infiltration of terrorists to cause harm to our citizens.
b. The Federal government must provide funding to continue building a vehicle barrier or fence on the border of the southern states to prevent illegal crossing. The same shall apply to the northern borders to prevent terrorists from entering the United States.
c. The Federal government must provide funding for the installation of cameras and radar towers for surveillance purpose to prevent illegal crossing.
d. The Federal government must provide funding for the training and hiring of more Border Patrol Agents and more equipment needed to support their jobs.
e. Expand authority of the Border Patrols to arrest undocumented illegal immigrants, human smugglers and drug trafficking. This authority shall include the right to protect themselves against physical attacks and harm under federal laws and exempted from federal prosecution enforcing the laws.
f. All immigrants caught crossing the borders illegally must be arrested, finger printed and deported immediately. Authorities at Border States are presently enforcing this procedure and it must be part of any new Immigration Reform.
g. Undocumented immigrants crossing the border illegally and seeking asylum must provide sufficient proof of any potential harm in their countries of origin. The asylum shall be granted by an Immigration Judge and this procedure shall be completed in 30 days. If the asylum is denied, the undocumented immigrant shall be deported immediately. Meanwhile the asylum candidate shall remain under the custody of the Border Patrol.
a. Amnesty of undocumented immigrants shall not be allowed.
b. The Immigration Reform and Control Act (IRCA) of 1986 established some amnesty programs for undocumented immigrants but this amnesty program did not eliminate the flow of illegal; on the contrary, it encouraged the flow of more undocumented immigrants expecting to be admitted in the United States by another amnesty program.
c. Amnesty shall not be part of any new Immigration Reform.
C. PROVISIONAL VISA FOR THE UNDOCUMENTED ILLEGAL IMMIGRANTS
a. Create a Provisional Visa for undocumented immigrants already in the United States. This Provisional Visa does not represent an amnesty program. Instead, this Provisional Visas shall be used as registration process to begin a process of investigation and eligibility after meeting several requirements. The following items shall provide more requirements under the Provisional Visa.
b. All undocumented immigrants shall be required to apply for a Provisional Visa. The application for the Provisional Visa shall be accompanied by a series of documents as passport of country of origin in all cases, birth certificate, and information on arrival in the United States, entry point and other information requested by the Immigration Authorities to begin the review process of personal records.
c. A Provisional Visa shall not be issued to undocumented immigrants without a legal passport from the country of origin as proof of citizenship. Falsification of passports, birth certificates and other documents shall be enough cause for denial of the Provisional Visa and deportation.
d. All those applying for this Provisional Visa shall go to the “end of the line” to begin the immigration legalization process and shall wait for their turn while the immigration authorities review their documentation and confirm the accuracy and authenticity of the documents and personal records in the country of origin and while living in the United States. The “end of the line” shall be the line for those waiting to be granted permanent residence status in the United States at Embassies in other countries.
e. Those applying for a Provisional Visa, already living in the United States, shall submit their applications to U.S. Citizenship and Immigration Services (USCIS) in the United States and then the USCIS shall forward the application to the United States Embassy of the applicants’ native countries and take a number at the “end of the line.” Thousands of people in many countries have opted to apply for residence status in the United States and follow the legal procedures to be legally accepted in the United States. Those entering the United States illegal have broken the immigration laws and they do not deserve better treatment than those in other countries applying for legal entry.
f. There will be a “grace period” of twelve (12) months for all undocumented immigrants to apply for the Provisional Visa. During this “grace period” the undocumented immigrants shall gather missing documents from their country of origin. Failure to submit the application within the “grace period” shall be sufficient cause for deportation.
g. The Federal government shall issue a block of Provisional Visas requested by the United States Embassies in foreign countries and award these Provisional Visas to undocumented immigrants living in the United States on a case by case basis. Let’s say, Panama had an estimated 50,000 illegal undocumented immigrants in the United States, then the State Department will issue 50,000 Provisional Visas. Then, illegal undocumented immigrants shall be added to the system as they apply for it and at the end of the line of those already applying for permanent residents in the United States at the Embassy.
h. The Provisional Visa shall allow undocumented immigrants already in the United States to stay in the country, shall allow them to work and remain close to their family members until their legal status is determined. A Provisional Visa does not guarantee granting permanent status.
i. An identification card with photo shall be issued to the undocumented illegal immigrant, similar to a driver’s license, at the time the Provisional Visa is issued. This I.D. shall be used as proof that the person has applied for legal immigration status, and to avoid racial profiling and unnecessary arrests for not having documents. Falsification of this identification card shall be enough reason for deportation and denial of future admittance in the United States as tourism or otherwise.
j. Provisional Visas shall be awarded to head of the household. All undocumented immigrants shall be allowed to stay in the United States as long as they can secure jobs under a labor contract. Proper documentation shall be provided to verify employment. This will guarantee that these undocumented immigrants are not a burden to the federal government and states and pay federal, state and local taxes. Failure to produce proof of employment shall be sufficient cause for deportation.
k. One Provisional Visa shall be issued to the head of the family submitting the application to include wife and children less than 18 years of age. Children 18 years of age and over shall apply for Provisional Visas as adults and independent from their parent’s family application. No other closed relative of the family shall be allowed to be included in this Provisional Visa application.
l. Head of the family means head of the household (father, wife and children), or single parent acting as head of the household.
m. The U.S. Citizenship and Immigration Services (USCIS) shall increase staffing to handle the larger number of applications to be submitted in the United States and at foreign embassies when the applications are forwarded to the Embassies for review and to be added to the end of the line.
n. Undocumented immigrants shall be allowed to travel to their country of origin under the Provisional Visa to meet with the Immigration authorities at the United States Embassies to review their cases and for interviews.
o. Each undocumented immigrant shall be sponsored by a U.S. Citizen and the petition for the Provisional Visa shall include personal information from the sponsor, time knowing the petitioner and a swearing affidavit to take full responsibility for the undocumented immigrant while in the United States.
p. United States Citizens sponsoring undocumented immigrants shall be 21 years of age or over, and shall provide proof of citizenship, social security, a report from the local Police Department Central Records Bureau, or similar, stating any criminal records, if any, and any additional information requested by the U.S. Citizenship and Immigration Services (USCIS).
q. A United States Citizen shall be allowed to sponsor one head of a household (husband, wife and children) or an individual. Multiple sponsorship by a United States Citizen shall not be permitted. Verification of multiple sponsorship shall be done through the Social Security number. This restriction shall eliminate the potential for illegal business and sponsorship.
r. Discrimination or racial profiling shall not be permitted when issuing the Provisional Visa.
D. ANOTHER OPTION IS A TEMPORARY WORK PERMIT FOR UNDOCUMENTED IMMIGRANTS
a. Create a Temporary Work Permit for undocumented immigrants already in the United States. This work permit shall allow the Undocumented immigrant to stay and work in the United States.
b. This Temporary Work Permit shall expire in five (5) years and the undocumented immigrant must return to his or her country of origin. The undocumented Immigrant shall be able to apply for an extension six (6) months before the expiration, providing that there are no criminal records committed in any of the fifty (5) states in the United States.
c. Items b, c, e, f, h, I, j, k, l, m, n, o, p, q and r of the Provisional Visa’s guidelines shall apply to this Temporary Work Permit.
E. REQUIREMENTS BY UNDOCUMENTED IMMIGRANTS
a. All undocumented immigrants shall be required to register and pass criminal background verification in the United States.
b. All undocumented illegal immigrant shall obtain a passport at the country of origin when applying for the Provisional Visa. Criminal background verification of an undocumented illegal immigrant, at the country of origin, shall be part of the requirements to obtain the passport at the country of origin. Validity and verification of documents shall be in place.
c. All undocumented immigrants shall be required to pay unpaid back taxes. This provision was included in the last Immigration Reform sponsored by McCain-Kennedy in 2007 (S.1348). Bill S.1348 did not pass Congress because some of the features in the Bill were considered as amnesty policies for many Americans and a form of granting undocumented immigrants an easy path to permanent residence and citizenship. Details on the definition and type of taxes to be paid shall require further consideration by Congress.
d. All undocumented immigrants shall be required to pay fines for the illegal entry and overstay in the territory of the United States of America. This provision was included in the last Immigration Reform sponsored by McCain-Kennedy in 2007 (S.1348). Details on the definition and type of fines to be paid shall require further consideration by Congress.e. After the undocumented illegal immigrant´s petition/application for the Provisional Visa has been approved by USCIS, and then the next step is preliminary processing for a Provisional Visa by the Department of State, National Visa Center. The following documents shall be submitted:
- Valid Passport from the country of origin or birth
- Sponsoring U.S. Citizen and a swearing affidavit
- Affidavit of support/labor contract
- Required applicant documents (i.e. birth certificates, police reports, marriage/divorce certificates, etc.)
- Medical Exam / Panel physician information
- Diversity Visa Program shall not be applicable when submitting a petition for a Provisional Visa; therefore a U.S. sponsor shall be required
a. Illegal undocumented immigrants with criminal records in the United States shall be deported. The types of criminality considered deportable are fraud, murder, theft, drug trafficking, sexual abuse of minors, pornography, domestic violence, falsification of documentation, felony and others. This procedure shall not be waived or challenged.
b. Civil cases, as alimony and child support, shall be handled by local courts and it may have an impact on the granting of permanent residence status.
c. Failure by the undocumented illegal immigrant to register to obtain the Provisional Visa shall be sufficient cause for deportation and lose the opportunity to settle his or her legal immigration status in the United States.
d. Those given orders of deportation by the U.S. Immigration Department for non-criminal nature have the right to one appeal process, and permitted to remain in the country until the final ruling by the Court is given.
e. Undocumented immigrants entering the United States six months prior the approval by Congress of this Immigration Reform and signed into law by the President of the United States shall be deported and not be allowed to participate in the Provisional Visa program.
f. All undocumented immigrants under 18 years of age, crossing the border illegally or overstaying their visas, shall be deported. A person under 18 years of age is considered a minor under the law in the United States and remains under the jurisdiction of his and her parents in the country of origin.
F. RIGHT TO CITIZENSHIP BY BIRTH
a. Granting citizenship by birth to those born from undocumented immigrants shall be discontinued and it shall not longer be recognized by the United States Immigration Department or Federal government. This shall be retroactive from January 1, 2000 or any other date approved by the U. S. Congress.
b. The right to citizenship by birth was ratified by the Fourteenth Amendment of the United States Constitution on July 9, 1868. However, nothing in this Amendment stipulated or addressed undocumented immigrants and children born from undocumented illegal immigrants. Congress shall ratify any changes to this amendment to exclude children born from undocumented illegal immigrants. The same shall apply to children born from foreigners while visiting the United States with visitor’s visa, tourist’s visa, student’s visa or business visa. At the present time, the laws do not grant a minor born in the United States any legal right to claim residence or citizenship for his or her parents until reaching the 18 years of age. Meanwhile, the minor is under the jurisdiction of the parent and undocumented immigrant.
c. A child born in the United States from one parent with U.S. Citizenship, while the other parent is an undocumented immigrant, shall be automatically recognized as a U.S. Citizen.
d. Those children born from undocumented immigrants parents, father and mother, shall be considered “illegal’s” and they must apply for legal immigration status as part of the application for the Provisional Visa submitted by their parents.
e. Many undocumented immigrants have abused of this automatic citizenship procedure of granting their children U.S. citizenship and, at the same time, secure a permanent residence status for the illegal immigrant parents in the United States. This is a loophole in the system. Many have abused of it and it has created a burden to the health care and social services in many cities and states costing the taxpayers billions of dollars in free services.
G. ENGLISH LANGUAGE REQUIREMENTS
a. All undocumented immigrants shall be required to learn English as the official language in the United States of America and as part of the assimilation process.
b. English proficiency tests shall be conducted on each undocumented illegal immigrant before awarding residence in the United States. These tests shall consist of written, reading and conversational tests and shall be passed before any legal immigration status is granted to them.
c. A minimum of 20 credit hours of English classes shall be completed by the undocumented illegal immigrant to be awarded residence in the United States. Those already proficient in the English language shall be permitted to take a test to waiver the 20 hours of classes. The English classes shall be given by educational center authorized by the federal government. Failure to complete these English classes or failing the tests shall be enough cause to deny the Permanent Residence Status in the United States and deportation.
d. All immigrants, including undocumented immigrants and those applying at foreign countries, applying for permanent residence in the United States, shall be required to go through the same requirements stated in Item c.
e. Failure to pass the English proficiency tests shall result in a disqualification for permanent residence status and deportation. The purpose of this requirement is to eliminate English illiteracy by undocumented immigrants and achieve a smooth assimilation process in the United States.
H. EDUCATION OF UNDOCUMENTED IMMIGRANTS
a. Undocumented immigrants or their children shall not receive federal grants or loans to attend colleges and universities in the United States.
b. Children of undocumented immigrants living in the United States shall not be allowed to attend public schools or register in English educational programs until after the Provisional Visa is submitted and a registration number is issued.
I. HIRING OF UNDOCUMENTED IMMIGRANTS
a. Work place enforcement shall be strengthened to prevent the employment of undocumented immigrants and protect all workers from exploitation.
b. Employers can issue letters of labor contracts to undocumented immigrants applying for Provisional Visas.
c. Employers hiring undocumented immigrants without Provisional Visas shall be fined $100,000 per occurrence, lose their business license and potential jail terms.
d. Employees shall be given access to the data base of undocumented immigrants available at the Immigration and Naturalization Department to confirm the status of potential workers.
e. Employers must be able to verify the immigration status of potential workers and to recruit new workers from temporary worker applications.
f. All undocumented immigrants shall be issued a provisional Social Security number to pay payroll taxes, state taxes, municipal taxes and other taxes associated with employment.
J. UNDOCUMENTED IMMIGRANTS SEEKING POLITICAL ASYLUM
a. Illegal immigrants seeking political asylum shall be treated under different immigration procedures since in many cases these undocumented immigrants cannot be deported or cannot return to their countries of birth due to persecution or human rights violation.
b. The issue of political refugee falls under the Presidential powers and under different immigration requirements.
K. UNDOCUMENTED IMMIGRANTS ARRIVING BY SEA
a. Continue enforcing immigration laws applicable to undocumented immigrants entering the United States illegally by sea.
b. The Federal government to provide funding for the training and hiring of additional patrol agents assigned to the Coast Guard guarding our shores in the Gulf of Mexico and South, East and West Coasts.
c. Review the Cuban Adjustment Act (CAA) of 1966 and 1996. The law applies to any native or citizen of Cuba who has been inspected and admitted or paroled into the United States after January 1, 1959 and has been physically present for at least one year; and is admissible to the United States as a permanent resident.
d. Review the cases of an estimated 2000 Cuban families in the United States with unresolved permanent parole status due to improper procedures followed at the point of entry, and not covered under the Cuban Adjustment Act, denying them permanent resident status.
L. STRINGENT POLICIES TO VERIFY ENTRY VISAS
a. The Homeland Security shall establish more stringent policies to verify entry visas and those overstaying their visas. The security of the nation is of greatest importance to protect the safety of our citizens and keep potential terrorist out of the country. All those overstaying their visas (visitor’s visa, tourist’s visa, student’s visa or business visa) in the United States shall be found and deported immediately. For those overstaying their visas and deported shall not be allowed entry in the United States for a minimum period of 5 years, or other period established by the U.S. Congress or the U.S. Citizenship and Immigration Services (USCIS).
M. OFFICIAL LANGUAGE IN THE UNITED STATES OF AMERICA
a. English is the official language in the United States and the Federal government shall recognize English as the only language to conduct business in the 50 states.
b. All public educational institutions receiving federal funds for education shall use the English language for teaching.
c. States can deviate on language requirements to allow the publication of government documents and forms in other languages to deal with their population structure.
d. Associated States, as Puerto Rico, have the right to use Spanish as their official language.
N. FINAL NOTES
It is important to note that this Immigration Reform Proposal was updated to include a Temporary Work Permit option.
The members of the Board of Directors of NAFAPAC understand the complexity and controversy associated with immigration issue in the United States and it is committed to enter the debate with these new proposals for the members of Congress to consider. We also are ready to discuss our proposal with those interested to learn about our recommendations in a friendly and open mind dialogue to find a solution to the present immigration crisis in the United States.
All things considered, the national security of the United States, and having borders that allow the crossing of potential terrorists, is becoming the most important issue for the safety of the nation and its citizens. It is our opinion that our borders must be secured as the first step to implement a Comprehensive Immigration Reform.
In Mathew 5:14-16, Jesus said, “You are the light of the world. A city on a hill cannot be hidden. Neither do people light a lamp and put it under a bowl. Instead they put it on its stand, and it gives light to everyone in the house. In the same way, let your light shine before men, that they may see good deeds and praise your Father in heaven.” This nation has been “the light of the world” since it was created by its Founding Fathers. The land of opportunities for those respecting laws and order; and there will be an Immigration Reform to make us shine on the hill to show good deeds and praise our father in heaven.
In closing, NAFAPAC (National Americans of Faith Alliance Political Action Committee) is committed to be engaged and find solutions, and this Immigration Reform Proposal is an attempt to achieve precisely that. God bless you all.