Skip to comments.My proposed IMMIGRATION AMNESTY ACT of 2017
Posted on 09/16/2017 11:36:40 AM PDT by Brian Griffin
[This basically would provide the right to work and stay in the USA for millions for a too expensive to refuse eventual exchange for a Constitution amendment that repeals the Amendment XIV Section I anchor baby clause, imposes federal income taxation tax caps, voter photo ID & US citizen requirements and provides for Presidential line item veto power.]
An immigrant must fall into at least one of the following categories to be eligible:
a. brought to the USA before the age of 6 who is:
I. over age 16 or
II. has a first degree or second degree relative who was a legal US resident or US citizen when this Act passed Congress - "Dreamer"
b. brought to the USA as a child under age 18 and has a parent/maternal blood relative sibling who (otherwise) immigrated legally - "Dreamer"
c. birthmother of a child born in the USA before 2017 - "Anchored Parent"
I. of a child born in the USA before 2017 and
II. married to the birthmother at the time of its birth and
III. still married to the birthmother at the time of individual US government action with respect to himself - "Anchored Parent"
e. worker who has
I. (been) paid at least $5,000 of FICA/self-employment taxes under his own US tax identification number for at least eighteen quarters prior to September 2017
II. paid standard US income tax in excess of $600/year for at least three years before 2017 and
paid at least 80% of his/her federal tax liability for at least three years before 2017 - "Tax Eligible Worker"
The person must have spent at least 1,500 days in the USA prior to January 1, 2017 and be able to prove it untainted by fraudulent evidence and beyond a reasonable doubt by reliable documents and sworn statements of people who paid at least $1,000 in US federal income taxation in each year in which their statement covers in whole or in part.
No person shall be eligible who:
a. committed a felony in the USA or elsewhere
b. was a gang member
c. was a person photographed, outside of the legal system, by a law enforcement person,
with two or more gang members,
where the gang members were the majority in the image taken
except wherein the person was clearly not an associate or
the sworn testimony or a sworn statement of a US citizen law enforcement person who knew the circumstances indicates
the person probably wasn't an associate
d. illegally entered the USA before age 18 and who is not a "Dreamer" as defined by this Act
e. has been caught in the USA without US statutory authorization to be in the USA from 2011 to the time this Act became law, except a "Dreamer"
f. has been caught in the USA without US statutory authorization to be in the USA two or more times, except a "Dreamer"
g. filed a return for an improper US federal earned income credit and
has not fully reimbursed the IRS by December 31, 2017 for the resulting credit(s)
h. was officially found with or used fraudulent ID after enactment
i. submitted a fraudulent document to the USCIS or INS
j. failed to leave the country within 30 days after the US government requested departure/deportation
k. came from a country which has not properly and efficiently cooperated with US deportation personnel after 2010
l. owes more than $500 in unpaid fines
m. jumped bail
n. plead no contest to or was convicted of driving without a license or liability insurance
o. [other restrictions used in the past]
No person shall be eligible unless this Act is passed by at least two-thirds of both the House of Representatives and the Senate and the proposed Constitutional amendment below has been lawfully sent to the states for ratification.
No person shall be eligible until the proposed Constitutional amendment below has been properly ratified by the states of California and New York.
The proposed Constitutional amendment shall be as follows:
SECTION 1. The federal government shall have the power to implement the IMMIGRATION AMNESTY ACT of 2017.
SECTION 2. Previous federal immigration amnesties are hereby made Constitutional.
SECTION 3. The first sentence of SECTION 1 of Amendment XIV is hereby repealed.
SECTION 4. Henceforth, every child born in the USA after today shall be born with the citizenship of their birthmother as of one year prior to birth. Any Congress may authorize for its term and for one year thereafter that each child covered by its law to be treated as if it has the citizenship of its bona fide father, except for voting purposes, provided its father has for at least four years (or until the death of its birthmother) shared custody, child raising and financial child support responsibilities with its birthmother or its birthmother died in the USA before the child was one month old.
SECTION 5. No foreigner may be granted US citizenship unless the foreigner is over age 22 and has paid US federal income tax in excess of the value of two ounces of gold on fully lawful personal US earnings in each of the prior four years.
SECTION 6. A person shall only be allowed to vote in a domestic governmental election after 2019 if the person
a. is a citizen of the United States and
b. tenders to the responsible election official in charge their clearly valid photo ID issued by the US government or
of a domestic state government which meets the then current standards of the US government for reentry by land of that person into the United States
c. and, if state law requires, tenders to the election official in charge proof of US citizenship.
SECTION 7. No treaty may be entered into that would:
a. require US residency, naturalization, citizenship or welfare benefits to be granted
b. bar any deportation
c. impose any form of international taxation within the United States
d. require any payment from any domestic person or entity.
SECTION 8. Excluding existing Medicare, FICA, and self-employment taxation at existing rates and subject to existing limits defined by law,
federal income taxation
shall be no more than 10% of net income, except for 20,000,000 taxpayers, and
shall be no more than 20% of net income, except for 4,000,000 taxpayers,
with any numerical excesses to be refunded promptly, and
with any percentage excess [above that 20%] being used to pay down the existing national debt and that refinanced.
SECTION 9. Federal estate taxation shall not be further expanded in scope or any rate increased.
All amounts collected shall be used to pay down the existing debt and that refinanced.
SECTION 10. There shall be no other federal wealth or property taxation except that estate taxation.
SECTION 11. The President shall have line item veto power.
SECTION 12. This amendment may only be amended with the freely given consent on the day of a Presidential election of 80% or more of all US citizen adults.
Amnesty processing of an applicant shall be suspended if the applicant is:
a. facing a criminal charge
b. the subject of a warrant/extradition request
c. in jail or other detention facility
To retain the right to stay:
a. An eligible person must apply within 365 days of enactment by:
I. completing and signing a form (which shall include test questions to clearly permit the applicant to show that he/she understands how eligibility to stay and work in the USA may be lost) the Commissioner of USCIS shall create and make available on the Internet in at least English, Spanish, Haitian Creole, French, Polish, Russian and Chinese Mandarin and Cantonese versions, and
II. mailing by registered mail to the Commissioner of USCIS in the manner the Commissioner shall specify:
1. the completed form with a photo of the applicant wherein the head occupies at least two squares inches of space attached, and with
2. each sworn statement and a good quality photocopy of each document to be used to meet the 1,500 day evidence requirement, and with
3. a high-quality photocopy of the fingerprint side of their hands to the USCIS within six months after enactment, and
4. a US Postal Service money order for the $500 processing fee payable to USCIS, and
b. agree in writing to make donations, which shall be non-dischargeable by federal bankruptcy law, of 10% of their pre-tax income
(minimum $300/quarter) to the Social Security Trust Fund for 27 years, starting in 2020, and then pay by estimated tax due dates via the IRS
in the manner the Commissioner of the Internal Revenue Service shall specify, and
c. obtain high-quality [better than bronze, annual deductible <$2,000 or that of the person's US employer plan] health insurance coverage, meeting applicable US legal requirements, without government subsidy, except via a small employer/small employers under general law, within 12 months of enactment, and
d. maintain (thereafter), except for gaps of less than three months total in any twenty-four month period, high-quality health insurance coverage, meeting applicable US legal requirements, without government subsidy, while the PPACA is on the books, and
e. pay a mandatory $1,000 quarterly eligibility maintenance (and personal deportation abeyance) fee to the Commissioner of USCIS in the manner the Commissioner shall specify by estimated tax due dates until the proposed Constitutional amendment of this Act is fully ratified, and
f. pay all standard and expedited USCIS immigration fees within 18 months of enactment, and
g. pay a $2,000 amnesty service charge within 24 months of enactment to the Commissioner of USCIS in the manner the Commissioner shall specify, discounted $40 for each month prior to the 24th
h. pay in full all US income tax amounts past due, get privately audited at their expense and then pass an IRS audit, all within 36 months of enactment
I. pay starting in 2020, a $500 tax shortfall fee for each quarter prior to 2017 and after 2006 the immigrant has not proven foreign residency/age of under 18 or lacked US income tax quarterly withholding of at least $400,
at the rate of $500 a quarter by US estimated tax due dates, to the IRS
J. pay a one-time, $5,000, non-refundable impact fee to the Secretary of the USDOT in the manner the Secretary shall specify, to drive a motor vehicle on a US highway, always prior to doing so.
No domestic government may pay for or reimburse for any fee, tax or donation related to this Act to any extant.
No domestic governmental welfare benefit may be granted/increased as a result of any fee, tax or donation related to this Act.
No domestic governmental liability may be waived/decreased as a result of any fee, tax or donation related to this Act.
Three percent of the quarterly eligibility maintenance fees shall go to USCIS, the remaining amounts shall go equally to the Pension Benefit Guarantee Corporation and the Social Security Disability Trust Fund.
The eligible immigrants would get:
a. for 90 days, plus three days for each state that has ratified the proposed Constitutional amendment of this Act
I. no apprehension simply for immigration control/border security purposes at least 100 miles from a coast or national border
or within two miles of any listed USCIS office at least ten miles from a coast or national border
[This is to allow eligible immigrants to apply.]
II. no detention simply for immigration control/border security purposes longer than 10 minutes of any applicant with specified official ID whose picture and name is locally available on a USCIS applicant registry system
b. thereafter, provided the immigrant has been paying and doing what the amnesty act and other federal law requires
I. no detention of qualified/approved applicants simply for immigration control purposes longer than necessary to verify the person is qualified/approved and in good standing
II. no deportation of qualified/approved applicants
Individual appeals after an eligible applicant's initial USCIS amnesty decision may be made, first to the USCIS and then to a federal district court.
The USCIS or a federal court may require, prior to making any appeal decision:
a. its processor to have the actual (or officially certified copies) of the residency evidence documents on hand
b. on-site sworn testimony.
An immigrant would lose the right to stay:
a. for failing to apply and pay in a timely manner, with one 60-day grace period per $5,000 paid by the immigrant in amnesty act levies,
excluding standard income tax payments, and with no grace period for payment of the USDOT impact fee
b. for failing to timely obtain/maintain high-quality health coverage, except for involuntary gaps not exceeding three months total in any twenty-four, while the PPACA is on the books
c. for taking a government health insurance subsidy after 2017, if not from small business employment under general law, and not returning it within 90 days of demand
d. after committing a felony.
Appropriate E-verify use shall be required before any business required to be licensed by law may employ any person within the jurisdiction of the United States after December 31, 2017.
Failure to E-verify a person's lawful ability to work in the USA after December 31, 2017 as required may be punished by a fine of up to $500 per person improperly employed.
If you are not a legal citizen of this country you go back to the country you hail from.
Clearly you put a lot of thought and time in to doing this. But I want no Amnesty period. Build the wall, e-verify, birth right citizenship, and make it illegal for any type of federal, state, or local welfare of any kind (including public schooling) for illegal immigrants and they will self deport for you
The ironic thing is that FReepers are more tolerant than ANY leftist site.
They want whites GONE. OR dead. They’ll take either. Yes, I know the majority of them are white but I’ve given up figuring out that logic a long time ago.
We don’t want hispanics or Indians or Irish (about 50k illegals in the country) or whomever gone.
We want ILLEGAL ALIENS gone.
Amazing how we get painted as the racists.
So the Republicans gave 3 million illegals a pass in 1986 and the Democrats promised to seal the boarder then. Gee, I wonder how that worked out?
No Amnesty Period.
Geez, we didn’t work hard to give the Republicans the House, Senate and Whitehouse so they could run a better Amnesty.
If you are here illegally, you have 90 days to register, then one year to leave. If you are a student, in good standing, you may stay to study. Once study is complete, you have 90 days to leave. You cannot live with people illegally in the US. Absolutely no work permits, no access to federally paid or subsidized services. Convicted of any civil or criminal offense voids stay and you must leave immediately. Anyone following terms may apply to legally immigrate to the US once they have returned home. Anyone that does not follow above subject to immediate deportation and barred from returning for 10 years, second time for life. So much simpler, don't you think.
What if President Trump were to offer to pardon all the citizens of Mexico who entered illegally, but not include people who overstayed visas or entered illegally from Mexico or elsewhere who are citizens of other countries?
Hear me out...
Pardoning these Mexican citizens illegally resident here does NOT make them legal; it only removes the penalties that resulted from their illegal entry.
If one barrier to motivating these people to leave and reenter legally is the fear of financial and/or time penalties for their original entry, this would remove that barrier. They would be allowed to enter legally without the fear of their past getting in the way, but they would still have to enter legally.
This would now free up Congress to write legislation that does not have to deal with this. Congress can try to pass legislation that fast-tracks the reentry process.
In other words, perhaps they do not have to physically leave and re-enter; maybe Congress can find a way for people without police records and who have steady jobs to stay here while they follow a documentation process to become legal residents. Once that process completes, then the five-year residency clock can begin before they can be considered for naturalization.
Congress would still have to deal with the issue of people with felony records, and people who have stolen identities (like social security numbers). A pardon would only be limited to the single act of illegal entry; these people would not be pardoned for any other crimes that occurred since then, including ID theft or other crimes that might be argued to stem from the illegal entry.
President Trump would have to very delicately explain to the American people why this is NOT amnesty (and therefore not breaking a campaign promise). The pardon would only cancel the penalty for the illegal entry to encourage illegal aliens to begin a legal entry/documentation process.
Also, Trump should tie this pardon to some concession from Democrats and/or Congress, such as funding the wall or tax reform. The President would only sign such a pardon simultaneously with a bill sent to his desk.
Constitution amendment that repeals the Amendment XIV Section I anchor baby clause
There is NO “Anchor Baby Clause”. The problem is the Willfull Misinterpretation of the English Language and Outright Fraud perpetrated by Lawyers on the English Language itself.
the part that says: “and under the jurisdiction of” is purposely left out of the interpretation and even the discussion, to perpetrate this Fraud upon the American People.
Congress could very easily supply the Court with the proper interpretation and force the issue immediately, but they are they very people behind the treasonous act.
All the pro-amnesty types are coming out of the woodwork, and are attaching all these “conditions” to disguise the fact that they are just advocating amnesty.
I got a better idea Brian. How about we choose a “test illegal family” and give them your house. After a year, we’ll revisit the issue.
Pass a Constitutional Amendment Securing Identity and Reforming Immigration
1. All persons in the United States shall be uniquely identified by biometric data (eg, finger prints, Iris scan, DNA, etc )
2. Create and administer through the States a Secure National ID Card and Database.
3. ALL Federal, State and Local Government agencies and authorities shall be forbidden under penalty of law (felony) to use this Database for anything other than the following:
a. Identification of individuals suspected or charged with crimes not related to this amendment.
b. Identification of individuals seeking to transact business with the Federal, State or Local Governments.
c. Identification of individuals voting in Federal, State and Local Municipal elections.
4. All visitors to the United States, regardless of duration of stay or reason for visit, shall be issued a National Visitor Identity Card.
5. All visiting workers in the United States shall be identified and entered into the Secure National ID Database, with detailed work permit information.
6. All employers in the United States, corporate and individual, must use the Secure National ID Database to E-VERIFY for all employment.
7. Any person not entered into the Secure National ID Database shall be ineligible for employment and subject to prosecution. Penalties for violation of sections 6 and 7 would be $50,000 per violation per day.
8. After 1 year from passage of this law, any foreigner caught in the United States without a valid National Visitor Identity Card shall be deported and permanently barred from entry into the United States.
9. Citizenship shall not be conferred to children born in the United States to non-citizens.
a. Exception: A child born to two lawfully married parents, whose marriage is more than 1 year before the date of the childs birth, when only one parent is a citizen of the United States. Both parents must petition for US Citizenship in writing.
I like that this is contingent on passing a Constitutional amendment which makes the baby the citizenship of the mother.
Left out: restrictions in relative who can enter.I would allow *elderly* parents, minor children, and spouses, none of whom would be eligible for government money. And I would allow for hardship cases such as disabled relatives with no one else to care for them.
“We want ILLEGAL ALIENS gone.”
Cheap Labor Republicans and Anything for a Vote Democrats don’t - and they are the decision makers.
Putting my foot down firmly in front of a locomotive will get me only the loss of my foot.
We are going to be sold out - again.
We should get something in exchange.
No to all of the above.
If you are not a legal citizen of this country you go back to the country you hail from.
There are approximately 30 million illegals in this country that need to be deported..
“So the Republicans gave 3 million illegals a pass in 1986 and the Democrats promised to seal the boarder then. Gee, I wonder how that worked out?”
I’m proposing to limit the damage while we still have some bargaining power.
How about taking your long list of “conditions” that would take legions of government employees to oversee, administer, and verify and sticking them where the sun don’t shine. Same goes for your “health care” proposals on your home page.
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