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Amnesty

 

Amnesty is defined by Webster’s New World Law Dictionary as “A pardon for past criminal offenses for a class or group of individuals who are subject to trial but have not yet been convicted.” More specifically, the amnesty debate in Congress concerns whether or not the United States should reward illegal aliens by allowing them to escape penalties for their law-breaking and giving them precisely what they broke the laws to obtain: the right to live and work in the United States. This section charts House and Senate bills and joint resolutions that encourage illegal immigration by granting amnesty, or deter it by refusing amnesty to illegal aliens.

HOUSE BILLS

Provide Amnesty for Illegal Aliens

H.R.6497 (Development, Relief, and Education for Alien Minors [DREAM] Act of 2010) - would amnesty certain illegal aliens under the pretense of providing educational opportunities for children. Specifically, this version is identical to S.3992 except Rep. Berman made slight modifications to the titles, wording, and order of certain sections and made outright policy changes to others such as: breaking the 10-year period of conditional LPR status into two five-year periods, both of which must be completed to receive a green card; requiring an initial $525 surcharge for the first period of application and a $2,000 surcharge for the second period of application; and changing the application period from one year after college admission to one year after high school graduation or completion of GED. Click Here for a detailed summary. Also, please see S.729, H.R.1751, S.3827, S.3962, S.3963, and S.3992 for related legislation. Rep. Howard Berman (D-Calif.) is the bill’s main sponsor.
Cosponsors

*The House passed a rule to H.R.5281 (H.Res.1756) adding this legislation via a self-enacting amendment by a vote of 211 to 208 on 12/08/2010

**H.R.5281, as amended via H.Res.1756, passed the House of Representatives by a vote of 216 to 198 on 12/08/2010

Provide Amnesty for Illegal Aliens

H.R.5281 (Removal Clarification Act of 2010) -would by itself simply move lawsuits against the United States from a state court to a U.S. District court. This bill passed the House, was amended by the Senate, and returned to the House where the House Rules Committee crafted a self enacting rule (H.Res.1756) to add Rep. Berman’s DREAM Act (H.R.6497) and prevent the Republicans from amending or offering a motion to recommit on the bill. The DREAM Act would amnesty certain illegal aliens under the pretense of providing educational opportunities for children. Click Here for a detailed summary. Also, please see S.729, H.R.1751, S.3827, S.3962, S.3963, and S.3992 for related legislation. Rep. Hank Johnson (D-Ga.) is the bill’s main sponsor.
Cosponsors

*The House passed a rule to H.R.5281 (H.Res.1756) adding this legislation via a self-enacting amendment by a vote of 211 to 208 on 12/08/2010

**H.R.5281, as amended via H.Res.1756, passed the House of Representatives by a vote of 216 to 198 on 12/08/2010

Provide Amnesty for Illegal Aliens
Weakens Border Controls
Weakens Interior Enforcement
Increases Chain Migration
Increases Foreign Worker Visas
Increases Rewards for Illegal Aliens
Increase Lottery Visas

H.R.4321 (Comprehensive Immigration Reform for America's Security and Prosperity [CIR ASAP] Act of 2009) - is a 677 page compilation of existing bills that would redefine immigration policy in support of open borders and amnesty for illegal aliens. Among numerous provisions, it would:
(show provisions)
Finally, this bill would provide amnesty to almost any illegal alien present as of December 15, 2009 (or anyone who makes that claim) and pays a meager $500 fine. Rep. Solomon Ortiz (D-Texas) is the bill’s main sponsor.
Cosponsors

Provide Amnesty for Illegal Aliens

H.R.2681 (People Resolved to Obtain an Understanding of Democracy [PROUD] Act) - would amnesty and provide citizenship for certain illegal aliens as a reward for graduating high school. Specifically, the alien would have to be under 25 years old at the date of application; complete grades 6 through 12; complete a curriculum that reflects knowledge of United States history, government, and civics; provide transcripts from their school(s), and provide a copy of their high school diploma. This legislation would further reward illegal aliens by reducing the naturalization application fee by 50 percent. Rep. Joe Baca (D-Calif.) is the bill’s main sponsor.
Cosponsors

Provide Amnesty for Illegal Aliens

H.R. 2414 (Agricultural Job Opportunities, Benefits, and Security [AgJOBS] Act of 2009) - would allow the Secretary of Homeland Security to grant “temporary” legal status (i.e., amnesty) to 1,350,000 qualified aliens over a 5 year period. If the alien can verify at least 863 hours (less than half a “standard” work year of 50 weeks) or 150 days of agricultural work in the United States, they can be awarded a “blue card” allowing these aliens and their families to remain in the U.S. and apply for legal residency. To earn their “blue card” amnesty, these aliens must continue to work in agriculture for: 100 work days for five straight years after enactment, 150 work days for three straight years after enactment, or a combination of 150 work days per year for three years and 100 work days for the fourth year. Rep. Howard Berman (D-Calif.) is the bill’s main sponsor.
Cosponsors

Provide Amnesty for Illegal Aliens

H.R. 2258 (Liberian Refugee Immigration Protection Act of 2009) - would grant amnesty to Liberian national aliens (including those present in the United States who have been ordered excluded, deported, removed, or ordered to depart voluntarily – without any motion to reopen, reconsider, or vacate that order required) granted, or eligible to be granted, Temporary Protected Status (a means by which DHS may grant limited refugee status to aliens who would otherwise be prohibited from staying in the United States, and give them “safe haven” until crises [e.g., armed conflict, natural disaster, or “extraordinary and temporary conditions” that prevent safe return] in their native countries pass) on or after March 27, 1991, provided: (1) application for amnesty occurs before April 1, 2011; (2) they are otherwise admissible for permanent residence (with some bars to inadmissibility inapplicable); also would grant amnesty to aliens who are: (1) the spouses, children, or unmarried sons or daughters of aliens granted this amnesty; and (2) otherwise admissible (with some bars to inadmissibility not applicable), physically present in the United States on the date the application for amnesty is filed, and in the case of unmarried sons or daughters, have been physically present in the United States for at least one year (aggregated absences up to 180 days allowable); would establish procedures by which a stay of a final order of deportation, removal, or exclusion is granted pursuant to an application for amnesty, which include an allowance for the alien to engage in employment during the pendency of the application; and would prohibit judicial review of any determination made by DHS as to the granting of amnesty under this bill. Rep. Patrick Kennedy (D-R.I.) is the bill’s main sponsor.
Cosponsors

Provide Amnesty for Illegal Aliens

H.R.1751 (The American Dream Act) - would amnesty certain illegal aliens under the pretense of providing educational opportunities for children. Specifically, it would repeal Section 505 of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which prevents illegal aliens from being eligible for in-state tuition. In addition, it would authorize the Department of Homeland Security (DHS) to cancel removal proceedings for certain illegal aliens and adjust their standing to conditional lawful permanent resident (LPR) status for six years if they lived in the United States for five continuous years before the bill’s enactment, meet the bill’s definition of “good moral character;” are not inadmissible or deportable on certain criminal grounds including risk to national security; and have been admitted to an institution of higher education, have a high school diploma, or have a GED in the United States. Furthermore, when the amnestied aliens complete their six years of conditional permanent resident status, they can petition USCIS to have the conditions removed and become regular lawful permanent residents. The petition may be filed any time within the six months leading up to, or the two years following, the end of the six-year period. There is no numerical limit on how many illegal aliens may be granted amnesty and they cannot be counted against any existing immigration cap. To make matters worse, the legislation prevents an alien who simply files an amnesty application from being removed from the United States before the application is adjudicated completely. Finally, amnestied aliens would be eligible for certain student loans, federal work-study programs, and even federal Pell grants. Rep. Howard Berman (D-Calif.) is the bill’s main sponsor.
Cosponsors

Provide Amnesty for Illegal Aliens

H.R.264 (Save America Comprehensive Immigration Act of 2009) - would provide a general amnesty “Earned Access to Legalization” to illegal immigrants who are able to demonstrate that they: have been physically present in the United States for 5 years; have good moral character; have no criminal record; have a satisfactory understanding of the English language; have “accepted the values and cultural life of the United States;” and have completed 40 hours of community service. In addition, this legislation: allows illegal immigrants to become lawful permanent residents if they entered the United States prior to 1986, allows Haitians who have been in the United States illegally for a year or more to become lawful permanent residents, allows individuals with temporary protected status to adjust their status, and would waive all bars of legal reentry for illegal aliens ordered to be removed by the United States. Rep. Sheila Jackson-Lee (D-Texas) is the bill's main sponsor.
No Cosponsors

Stop Amnesty for Illegal Aliens

H.R.125 - would eliminate exceptions for illegal aliens or unauthorized workers to adjust their immigration status. Rep. Elton Gallegly (R-Calif.) is the bill's main sponsor.
No Cosponsors

SENATE BILLS

Provide Amnesty for Illegal Aliens

S.3992 (Development, Relief, and Education for Alien Minors [DREAM] Act of 2010) - would amnesty certain illegal aliens under the pretense of providing educational opportunities for children. This version is similar language to S.3963 except Sen. Durbin made a number of modifications to counter specific areas of opposition to the bill. Specifically, this new version would: add additional categories of conditional status ineligibility such as health related grounds, student visa abusers, aliens deemed permanently ineligible, unlawful voters, marriage fraud, and public charge violations; allow the Secretary of Homeland Security to waive all grounds of ineligibility; add new biometric data and background check requirements; add a new medical observation and examination requirement; make conditional status now valid for 10 years as opposed to 6; add work authorization for conditional status aliens; add express authorization for travel outside U.S.; make removal of conditional status 11 years as opposed to 8; and allow DHS to use criminal investigation or Brady Act background check data.Click Here for a detailed summary. Also, please see S.729, H.R.1751, S.3827, S.3962, and S.3963 for related legislation. Sen. Dick Durbin (D-Ill.) is the bill’s main sponsor.
Cosponsors

*The Senate voted to table a cloture motion on this legislation by a vote of 59 to 40 on 12/09/2010. Majority Leader Reid wanted to table a vote on S.3992 to instead proceed to the House passed version (H.R.6497) attached to H.R.5281, which passed on 12/08/2010.

Provide Amnesty for Illegal Aliens

S.3963 (Development, Relief, and Education for Alien Minors [DREAM] Act of 2010) - would amnesty certain illegal aliens under the pretense of providing educational opportunities for children. Specifically, this version is identical to S.3962 except Sen. Durbin changed Section 4 (F) reducing the upper age limit from 35 years old to 30 in order to qualify for DREAM. Click Here for a detailed summary. Also, please see S.729, H.R.1751, S.3827, S.3962, and S.3992 for related legislation. Sen. Dick Durbin (D-Ill.) is the bill’s main sponsor.
Cosponsors

Provide Amnesty for Illegal Aliens

S.3962 (Development, Relief, and Education for Alien Minors [DREAM] Act of 2010) - would amnesty certain illegal aliens under the pretense of providing educational opportunities for children. Specifically, this version is identical to S.3827 except Sen. Durbin removed Section 3, which would have repealed Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 prohibiting education benefits from being awarded to any unlawfully present individual unless that same benefit is offered to all U.S. citizens. Click Here for a detailed summary. Also, please see S.729,H.R.1751, S.3827, S.3963, and S.3992 for related legislation. Sen. Dick Durbin (D-Ill.) is the bill’s main sponsor.
Cosponsors

Provide Amnesty for Illegal Aliens

S.3827 (Development, Relief, and Education for Alien Minors [DREAM] Act of 2010) - would amnesty certain illegal aliens under the pretense of providing educational opportunities for children. Specifically, this version is identical to the 2009 bill except Sen. Durbin removed “of good moral character since time of application” and replaced it with “of good moral character since date of the enactment of this act.”  Also, he added a section limiting the application period to one year after the alien is admitted to an institution of higher education or has earned high school diploma or GED. Click Here for a detailed summary. Also, please see S.729 and H.R.1751 for related legislation. Sen. Dick Durbin (D-Ill.) is the bill’s main sponsor.
Cosponsors

*This legislation was first brought up as part of the FY2011 National Defense Authorization Act, which was rejected under cloture (a Senate measure requiring 60 votes to proceed with debate) by a vote of 56 to 43 and one Senator (Murkowski) not voting on September 21, 2010.

Provide Amnesty for Illegal Aliens

S.3207 (Protect Our Workers from Exploitation and Retaliation [POWER] Act) - would protect certain illegal aliens from deportation if they have suffered “substantial” abuse, are a victim of criminal activity, or have a workplace claim from an employment violation. In other words, if an illegal alien is apprehended during a workplace investigation they can remain in the United States instead of being processed for deportation if they witness or file a workplace violation claim against the employer. While on the surface this bill looks like a way to discourage and prosecute the employers of illegal aliens, it actually rewards illegal aliens by making them into victims and downplaying their unauthorized and illegal presence in the United States. Specifically, this bill increases the limit on illegal aliens seeking protected status as a result of these claims from 10,000 to 20,000, thus allowing more illegal aliens to remain in the United States instead of being deported, which is the normal legal repercussion. Sen. Robert Menendez (D-N.J.) is the bill’s main sponsor.
Cosponsors

Provide Amnesty for Illegal Aliens

S.1038 (Agricultural Job Opportunities, Benefits, and Security [AgJOBS] Act of 2009) - would allow the Secretary of Homeland Security to grant “temporary” legal status (i.e., amnesty) to 1,350,000 aliens over a 5 year period. If the alien can verify at least 863 hours (less than half a “standard” work year of 50 weeks) or 150 days of agricultural work in the United States, they can be awarded a “blue card” allowing these aliens and their families to remain in the U.S. and apply for legal residency. To earn their “blue card” amnesty, these aliens must continue to work in agriculture for: 100 work days for five straight years after enactment, 150 work days for three straight years after enactment, or a combination of 150 work days per year for three years and 100 work days for the fourth year. Please see H.R.2414 for the companion bill in the House of Representatives. Sen. Dianne Feinstein (D-Calif.) is the bill’s main sponsor.
Cosponsors

Provide Amnesty for Illegal Aliens

S.729 (Development, Relief, and Education for Alien Minors [DREAM] Act of 2009) - would amnesty certain illegal aliens under the pretense of providing educational opportunities for children. Click Here for a detailed summary. Sen. Dick Durbin (D-Ill.) is the bill’s main sponsor.
Cosponsors

Provide Amnesty for Illegal Aliens

S.9 (Stronger Economy, Stronger Borders Act of 2009) - while this bill is currently a place holder for future Senate immigration legislation, it is widely believed to include language that would legalize illegal aliens under the cover of “comprehensive immigration” similar to previous attempts in the 109th and 110th Congresses. Sen. Harry Reid (D-Nev.) is the bill’s main sponsor.
Cosponsors

There are four forms legislation take:

There are four forms legislation take:

S. 123 (or H.R. 123) - Bills that must pass both chambers (i.e., House and Senate) and be signed by President to have force of law.

S. Res. 123 (or H.Res. 123) - Measures concerning operation of single chamber; not presented to President for action.

S.J. Res. 123 (or H.J.Res. 123) - Resolutions requiring both chambers’ approval and presentation to President for approval (as with bills [laws enacted by virtue of joint resolutions are not distinguished from laws enacted by bills]); generally used to authorize small appropriations, enact continuing resolutions that provide for government expenditures (absent overarching appropriations law), create commissions or other bodies, or extend legislation already drafted; also used to propose amendments to U.S. Constitution, in which case must be sent to states directly – bypassing Presidential action – for three-fourths’ approval.

S.Con.Res. 123 (or H.Con.Res. 123) - Resolutions requiring both chambers’ approval, but not Presidential action; generally used to address both chambers’ sentiments or deal with issues affecting both chambers.

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