***Clarification: These are my proposals! Most of these things are NOT part of the current bill! ***
Immigration Reform – Current Illegal Immigrants (Part IV)
Implementation – no provision for amnesty shall be implemented until such time as enforcement and security measures are significantly implemented (with continued progress) and fully funded. Should either criterion not be met, amnesty programs will immediately cease, regardless of applications’ position in the process, until such time that enforcement criteria are on target.
If goals are not met, Z visa/amnesty issuance stops. At no time shall Z visas be issued to all applicants until such time as enforcement/security measures are fully implemented. The maximum number of Z visas issued prior to full enforcement and security implementation shall not exceed 75% of applications.
Targets should equate visa issuance with enforcement goals (such as 60% reduction in illegal border crossings equates to releasing the first 25% of Z visas etc). Essentially, DHS can’t rapidly issue all the Z visas while certain enforcement goals are met but enforcement/security measures are not fully enacted, they will have to wait until those measures are fully enacted to issue all the visas to approved applicants.
Z visas – a Z visa will not entail any right to citizenship. There will be no rights to any social services. Employers must provide health insurance or a health bond as discussed in Part III.
Z visas shall not provide any path to citizenship, but may be taken into consideration when other visas are applied for, however, Z visas shall only carry half the weight/points of other visas and applicants must return to their country of origin to apply for a different visa.
Z visas shall be valid for five years after issuance and may be renewed every fifth year for up to 15 years. Once employment with a single employer ends, the employer must inform DHS, the Z visa recipient must return to their home country (however Z visas have a 3 month grace period to find additional employment), or if time remains on the visa, have it transferred to another employer (who must also post/transfer the bond).
Z visa holders must ‘check in’ with DHS (cities etc may be contracted to do this) whenever they move/change address.
Employers must request the Z visa and provide proof of insurance and immigration bond. Z visas may be transferred between employers (similar to Y visas).
Applicants must provide proof that they were in the country prior to January 1, 2006 (before the big amnesty push). A Z visa applicant’s spouse and minor children may also be included on the form and receive Z visas (ZX visa?) without an employer bond etc but with no work priveleges (they, too, must pass background checks etc, however). Legal spouses and children may request Z visa applications be handled as a set (go through the process together, rather than separately). Stricter documentation as proof of residency as required by the current amnesty bill should be used – no affidavits from you friend would be acceptable proof of work etc prior to 1/1/2006. Employers shall provide the applicant with their employment records (including documents with the SSN they used). No applicants with felony records, gang affiliations, or egregious misdemeanors (drunk driving etc) shall be granted a Z visa.
Fees for the Z visa shall be limited to total process costs for each application (taxpayers will not bear the economic burden of this program and its infrastructure, applicants will). No additional fine is involved (the fees will have to serve as the ‘fine’ – lets face it, they aren’t going to pay a big fine or it’ll eventually be dropped). If a fine is desired it needs to be reasonably affordable.
Z visa applicants must declare SSN (see Identity Theft) use.
No company shall be established who’s sole purpose is to request Z visas (ie they don’t actually hire anyone, they’re just trying to keep people into the country with no real job). Engaging in this practice will also result in a substantial fine and prison time under human smuggling statutes.
Probationary status – there will be NO immediate probationary legal status granted to applicants. Applicants will only be granted legal status once their visa is issued. Should they be apprehended after submitting an application, immigration enforcement measures will continue to have full effect and application submission shall not be taken into consideration in such enforcement hearings.
Enforcement restrictions – immigration law enforcement shall not use Z visa applications as a primary source to identify illegal immigrants (no illegal entry captures by going to the applications). However, law enforcement may use such applications for other investigations and enforcement actions (such as proof of falsifying an application, etc). Law enforcement may also not use ID theft declaration forms to as a primary resource to identify identity thieves but may use the declarations for other investigations etc.
Citizenship and legal residency – Z visa holders may qualify for legal residency. However, to do so, they must return to their country of origin and apply in that country for permanent residence (upon application submission, they may return to the US). Permanent residents, who qualified and/or held for Z visas, shall have no rights to governmental social services for 15 years after issuance of residency. At no time shall a citizen spouse be taken into account in such applications (children may be, however).
If citizenship is desired, they must return to their country of origin and not reenter the US under a Z visa nor shall they be given any preferential treatment. Permanent residency may be expedited for those aged 70 years and over.
Bond Companies – Same provisions as provided for in Part III.
Background check – shall be conducted for Z visa issuance as well as renewals and legal permanent residence and citizenship applications. Background check failure will result in denial or revocation of the Z visa and/or residency/citizenship. Again, more thorough checks will be used on those from countries with Jihadi networks or countries with regimes of concern as designated by the US Department of State.
Identity Theft (SSN) – Those who have used a false SSN(s), must declare it (the employer records should help) and provide the number(s) they used as well as who the number belongs to (if they know) and their relationship to that person (including if the person knowingly provided the number for their use). They must also provide their employer name and any activities they undertook under that number. Failing to do so will result in revocation of the Z visa and deportation. Z visa recipients must cease use of the number (including changing it on loans etc they may have received) or face revocation of the visa. A provisional work number (use it rather than an SSN) shall be issued at the time of application and be valid until such time when the Z visa application is approved or denied. This number shall not be interpreted as a form of legal status.
The Social Security Administration (SSA) shall be provided with the information and shall inform victims (if applicable). Additionally, SSA shall purge the SS record of the identity thief’s name (or activities they undertook under the identity).
A fee shall be paid to avoid visa denial due to the theft. The fee will consist of the processing costs plus average US worker hourly wage multiplied by the average time it takes to clear identity theft plus average expenses incurred to clear their identity. This fee will be charged per SSN used. The process cost will be retained by government agencies involved in clearing the ID. The remaining fee will be:
1. allocated to the living holder of the SSN (recipients may not give the money back to the identity thief) OR
2. if the SSN is not allocated or belongs to the deceased, the fee will go to DHS and DOJ/FBI for enforcement and security programs (especially dealing with ID theft) OR
3. if the SSN belongs to their child, family member, of friend who knowingly provided the number (they must declare this), the funds will be allocated as stated in #2
Those engaged in id theft shall entirely forfeit citizenship possibility (just as legal immigrants would) but not permanent residency.
Information provided on these forms shall be only released to SSA to clear records and inform victims as well as law enforcement, the judiciary, and to others as approved by Congress or the Secretary of DHS.
Those who engaged in ID theft shall not receive any credit or benefit of SS funds for the time they worked/contributed under another’s identity.
This part is strictly limited to SSN use to obtain employment. This, in no way, prohibits enforcement and civil actions related to credit fraud and other identity theft and related crimes (document fraud, dealing identities, etc).
Y visa qualification – Current illegal immigrants shall not qualify for a Y visa without first obtaining a Z visa. If found to have been here illegally and in possession of a Y visa (prior to Z visa issuance), the Y visa shall be revoked and the immigrant deported.
Sunset – The Z visa shall be available to eligible applicants 10 years after the date of passage. Applications must be submitted (or post marked on or prior to the 10th year after passage). After that time, the Z visa program will automatically terminate.