Speech #1090136404

There is no specific ineligibility for such conduct. Since it is included under the "mandatory deferred departure" section. a court will Interpret this to mean we purposefully left it out of the "earned amnesty." I cannot imagine why the drafters of this bill would allow persecutors to benefit from amnesty. The bills future flow "guest worker" program in title IV leaves no illegal alien behindit is not limited to people outside the United States who want to come here to work in the future. but includes illegal aliens currently present in the United States that do not qualify for the amnesty programs in title VI. including aliens here for less than 2 years. Under the bill language. you can qualify for the new H2C program to work as a lowskilled permanent immigrant. even if you are unlawfully present inside the United States today. The bill specifically says: In determining the aliens admissibility as an H2C nonimmigrant . . . paragraphs (5. (6)(A). (7). (9)(B). and (9) (C) of section 212(a) may be waived for conduct that occurred before the effective date ... By waving these grounds of inadmissibility. the new H2C program is specifically intended to apply to illegal aliens who were already removed from the United States and illegally reentered. The bill tells DHS to accept "just and reasonable inferences" from day labor centers and the aliens "sworn declaration" as evidence that the alien has met the amnestys work requirement. Under the bill. the alien meets the "burden of proving by a preponderance of the evidence that the alien has satisfied the [work] requirements" if the alien can demonstrate employment "as a matter of just and reasonable inference." An alien can present "conclusive evidence" of employment in the United States by presenting documents from social security. IRS. employer. or a "union or day labor center." The bill then states that: It is the intent of Congress that the [work] requirement . . . be interpreted and Implemented in a manner that recognizes and takes into account the difficulties encountered by aliens in obtaining evidence of employment due to the undocumented status of the alien. If these lax standards cant be met. the bill makes sure that the alien can get what they need by allowing them to submit "sworn declarations for each period of employment." Putting these together the alien must prove it is more likely than not that there is a just and reasonable inference that the alien was employed. I dont know what this means other than DHS will have to accept just about anything as proof of employment. Regarding inState tuition for illegal aliens. current law provides that: [A]n alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount. duration. and scope) without regard to whether the citizen or national is such a resident.