So, I was watching John Kyl on the news this morning trying to save his and every other republican that supports this sham of an immigration bill. He said that legislation was "necessary" because it is currently unlawful for employers to verify legalization status with a tamper proof ID. This is of course political speak for saying that the ID's which employers are currently required to use are subject to counterfeiting. Of course, he does not provide any explanation as to why the new ID's will be counterfeit, nor does he point out that the government under the 1986 immigration control act (i.e. the last time amnesty was granted) promised for employer verification and government monitoring.
The act required the president to create a system which would enable the federal government to monitor the employees which are hired by companies and verify the ID's which presented. The president is still vested in that authority and could create that monitoring system any time he chooses without the passage of a new bill and the legaization of 20 million illegal aliens.
As anyone with eyes can read. This problem as already supposed to be addressed. Even though it was not, the Preseident still has the authority to create a monitoring system which would actually verify the documents which employers are currently provided to check. So let's here it Jon and George. What went wrong with this system? Why would any of us believe the new system would be any different? The 80% of the people who oppose this bill understand that nothing will be different, and your lies no longer affect us.
Without further ado, and quoted right from the 1986 Immigration Reform & Control Act:
""(B) DOCUMENTS ESTABLISHING BOTH EMPLOYMENT AUTHORIZATION AND IDENTITY. -- A document described in this subparagraph is an individual's --
"(i) United States passport;
"(ii) certificate of United States citizenship;
"(iii) certificate of naturalization;
"(iv) unexpired foreign passport, if the passport has an appropriate, unexpired endorsement of the Attorney General authorizing the individual's employment in the United States; or
"(v) resident alien card or other alien registration card, if the card --
"(I) contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection, and
"(II) is evidence of authorization of employment in the United States.
"(C) DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZATION. -- A document described in this subparagraph is an individual's --
"(i) social security account number card (other than such a card which specifies on the fact that the issuance of the card does not authorize employment in the United States);
"(ii) certificate of birth in the United States or establishing United States nationality at birth, which certificate the Attorney General finds, by regulation, to be acceptable for purposes of this section; or
"(iii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.
"(D) DOCUMENTS ESTABLISHING IDENTITY OF INDIVIDUAL. -- A document described in this subparagraph is an individual's --
"(i) driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or
"(ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in clause (ii), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification.
"(2) INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZATION. -- The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Attorney General to be hired, recruited, or referred for such employment.
"(3) RETENTION OF VERIFICATION FORM. -- After completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain the form and make it available for inspection by officers of the Service or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending --
"(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, three years after the date of the recruiting or referral, and
"(B) in the case of the hiring of an individual --
"(i) three years after the date of such hiring, or
"(ii) one year after the date the individual's employment is terminated, whichever is later.
"(4) COPYING OF DOCUMENTATION PERMITTED. -- Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection.
"(5) LIMITATION ON USE OF ATTESTATION FORM. -- A form designated or established by the Attorney General under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this Act and sections 1001, 1028, 1546, and 1621 of title 18, United States Code.
"(c) NO AUTHORIZATION OF NATIONAL IDENTIFICATION CARDS. -- Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.
"(d) EVALUATION AND CHANGES IN EMPLOYMENT VERIFICATION SYSTEM. --
"(1) PRESIDENTIAL MONITORING AND IMPROVEMENTS IN SYSTEM. --
"(A) MONITORING. -- The President shall provide for the monitoring and evaluation of the degree to which the employment verification system established under subsection (b) provides a secure system to determine employment eligibility in the United States and shall examine the suitability of existing Federal and State identification systems for use for this purpose.
"(B) IMPROVEMENTS TO ESTABLISH SECURE SYSTEM. -- To the extent that the system established under subsection (b) is found not to be a secure system to determine employment eligibility in the United States, the President shall, subject to paragraph (3) and taking into account the results of any demonstration projects conducted under paragraph (4), implement such changes in (including additions to) the requirements of subsection (b) as may be necessary to establish a secure system to determine employment eligibility in the United States. Such changes in the system may be implemented only if the changes conform to the requirements of paragraph (2).
"(2) RESTRICTIONS ON CHANGES IN SYSTEM. -- Any change the President proposes to implement under paragraph (1) in the verification system must be designed in a manner so the verification system, as so changed, meets the following requirements:
"(A) RELIABLE DETERMINATION OF IDENTITY. -- The system must be capable of reliably determining whether --
"(i) a person with the identity claimed by an employee or prospective employee is eligible to work, and
"(ii) the employee or prospective employee is claiming the identity of another individual.
"(B) USING OF COUNTERFEIT-RESISTANT DOCUMENTS. -- If the system requires that a document be presented to or examined by an employer, the document must be in a form which is resistant to counterfeiting and tampering.
"(C) LIMITED USE OF SYSTEM. -- Any personal information utilized by the system may not be made available to Government agenices, employers, and other persons except to the extent necessary to verify that an individual is not an unauthorized alien.
"(D) PRIVACY OF INFORMATION. -- The system must protect the privacy and security of personal information and identifiers utilized in the system.
"(E) LIMITED DENIAL OF VERIFICATION. -- A verification that an employee or prospective employee is eligible to be employed in the United States may not be withheld or revoked under the system for any reason other than that the employee or prospective employee is an unauthorized alien.
"(F) LIMITED USE FOR LAW ENFORCEMENT PURPOSES. -- The system may not be used for law enforcement purposes, other than for enforcement of this Act or sections 1001, 1028, 1546, and 1621 of title 18, United States Code.
"(G) RESTRICTION ON USE OF NEW DOCUMENTS. -- If the system requires individuals to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral, then such document may not be required to to be presented for any purpose other than under this Act (or enforcement of sections 1001, 1028, 1546, and 1621 of title 18, United States Code) nor to be carried on one's person."
1986 Immigration Reform & Control Act
Monday, May 21, 2007
Republicans ignore 1986 Immigration Bill to further the agenda of legalizing 20 milion immigrants
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