Illegal Alien Rectification Act

Illegal Alien Rectification Act

 

Committee:

 CONSERVATIVES OF AMERICA

Principal Author:

VIRUS-X, REPUBLIC COMMANDO

Bill No: Delegation:

CONSERVATIVES OF AMERICA 

 

 

Title of Bill:

Illegal Immigration Rectification Act

 

Be It Enacted By The xxx Congress

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Preamble: Whereas   illegal immigration has become a serious problem to the United States of   America, due to the burden it places on the economy, health care and national   security, this bill is to at least partially rectify some of the problems   presented by uncontrolled illegal immigration, exacerbated by the borders   remaining unsecured.  The Illegal   Immigration Rectification Act is pursuant to the Congressional, Constitutional responsibility “…suppress Insurrections and repel Invasions;”   via Article 1, Section 8, paragraph 15 of the United States Constitution.

SECTION 1: Let it be known that neither illegal immigrants, nor children   born to them on the sovereign soil of the United States of America, are   citizens, and do not become citizens, merely by virtue of successfully penetrating the borders of the United States of America and taking up   residence, undetected and/or un-prosecuted.  In accordance with the United States Constitution, Amendment 14,   Section 1:  “All persons born or naturalized in the United States, and subject to the jurisdiction   thereof, are citizens of the United States and of the State wherein they reside.   No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any   person of life, liberty, or property, without due process of law; nor deny to   any person within its jurisdiction the equal protection of the laws.”  This Constitutional Amendment, passed to grant American citizenship to slaves, was valid due to the fact that the slaves were considered “subject to the jurisdiction thereof,” in respect to the laws of the United States of America.  Illegal immigrants, upon   making illegal entry into the United States of America, or overstaying the   limitations of their visa, are not subject to the jurisdiction of the United States of America, but to the jurisdiction of the country from which they   have fled.  Therefore, all illegal immigrants are denied citizenship, by virtue of the Constitution of the United States and Constitutional Law, regardless of age.

            Sub-Section 1:  In accordance to the Constitution of the United States, Amendments 9  (“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”) and 10 (The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”), the States are, indeed, empowered to enact and enforce their own immigration laws, that do not contradict federal immigration law.  This includes detention, prosecution for criminal acts and the levying of penalties and fines.

            Sub-Section 2:  Any employer that knowingly hires an illegal alien will be charged under 15 (USC) United States Code §78t (e) for aiding and abetting.  Failure to report an illegal alien that has attained employment in the United States of America will be punishable under 15 (USC) United States Code §78t (c) for hindering, delaying or obstructing the making or filing of any document, report or information pertaining to this crime.  Employees in public, charter, private or parochial schools that knowingly have the children of illegal aliens in their school systems and/or classes and fail to report this to the Department of Homeland Security or local police forces will be arrested and prosecuted under 15 (USC) United States Code §78t (e) for aiding and abetting.

            Sub-Section 3:  Any government official that impedes law enforcement officials from tracking and arresting illegal aliens through such actions as creating “sanctuary cities” will be charged under 18 (USC) United States Code §1503, imprisoned for no more than 10 years and fined $250,000.00 USD.

            Sub-Section x:  The United States Department of Defense shall cooperate with the United States Department of Homeland Security in providing maximum security for the United States border zones.  Military personnel from from the Department of the Army United States Army Military Police Corps and the Department of the Navy United States Marine Corps Military Police shall be made available for border defense duties, functioning as independent analogs to civilian forces from the Department of Homeland Security, but not subject to orders from the Secretary of Homeland Security.  They will remain under the Secretary of Defense.  The under the Secretary of Defense, the United States Army Provost Marshal General will be given Operational Command of military efforts at border defense, and is authorized to task units from any other military specialty for assistance.  For instance, Army and Marine Corps aviation can be called upon for transportation.  Assets from the Defense Intelligence Agency and/or National Security Agency can be tapped for gaining intelligence through such things as HUMINT, SIGINT, ELINT, COMINT, etc.  The National Geospatial Intelligence Agency can be called upon to provide GEOINT.  The Department of Defense can also provided drones.  Military forces will have full apprehension powers against any, and all, illegal aliens.  If subject to cross-border attacks, military forces are authorized to return fire, though urged to use more precise methods, in order to avoid mass casualties and fatalities.  Only on authorization from the President of the United States can military forces cross any border area into foreign territories.

SECTION 2: Any illegal entry into the United States of America be classified as a Class-E felony, for a first offense, punishable by less than 5 years, but more than 1 year in federal prison, followed by immediate deportation and permanent ban from re-entry into the United States of America, on penalty of being criminally charged with a Class-D felony, for a second offense, and Class-C felony for any   subsequent offenses, all followed by deportation.  In circumstances where the felon is able, a $100,000 USD fine is to be paid.  Any, and all, minor children (under the age of 18) are to be placed into protective custody by the state in which the felon is captured, and upon the felon’s deportation, or the location of qualified relatives and/or legal guardian in the felon’s nation of origin (whichever comes first), released into their custody upon deportation.  These minors shall not be banned from applications for future citizenship.  Those 18 and over that are the children of illegal immigrant felons, if they are able to provide evidence (such as in the form of birth certificates, for example) of being born in the United States of America, are subject to SECTION 3, Sub-Section 1.

SECTION 3:  Illegal immigrants that turn themselves in to the Department of Homeland Security will be arrested by the same, and subject to evaluation, along with all members of their family.

          Sub-Section 1:  Illegal immigrants may be exempted from immediate prosecution and deportation, provided they meet all of the following criteria: that have achieved, minimally, an bachelors degree in the STEM field from an institution that is recognized by a minimum of 30 of 50 states, or is a legally recognized, practicing physician (to include psychology and psychiatry); has steady, full-time employment; has been working at said place of employment for a minimum of 5 years (continuously, as a full-time employee); have no misdemeanor or felony convictions, of any kind, nor have been accused, nor indicted of such crimes, even if exonerated/found innocent; have no dependents or spouses that have misdemeanor or felony convictions, of any kind, nor have been accused, nor indicted of such things; have not at any time registered to vote; pass a citizenship test within 5 working days with a score of no less than 80%; possess the reading, writing and speaking fluency of a natural English speaker.

          Sub-Section 2:  Illegal immigrants meeting the conditions set forth from Sub-Section 1 can petition for provisional nonresident alien status.  The United States is under no obligation to grant this petition and confer provisional nonresident alien status, and this status can be revoked at any time, without cause.  Those that qualify will be charged with a Class-A misdemeanor, facing a possible sentence of up to, and including, 6 months in jail, and facing a $75,000.00 USD fine that must be paid in full within 30 days, or face immediate upgrade of criminal charges from a Class-A misdemeanor to a Class-E felony, immediate deportation, and permanent ban from re-entry into the United States of America.  Any, and all, minor children (under the age of 18) are to be placed into protective custody by the state in which the  felon is captured, and upon the felon’s deportation, or the location of qualified relatives and/or legal guardian in the felon’s nation of origin, released into their custody in deportation (whichever comes first).    These minors shall not be banned from applications for future citizenship.  Those 18 and over that are the children of illegal immigrant felons, if they are able to provide evidence (such as in the form of birth certificates, for example) of being born in the United States of America, are subject to SECTION 3, Sub-Section 1.

          Sub-Section 3:  Those attaining provisional nonresident alien status are barred, permanently, from being registered to vote, participating in efforts to register others to vote (even if they are American citizens), and from participating in politics in any way (such as campaigning, giving contributions, etc.).  Any violation of this restriction will result in charges under 18 United States Code §611.  If found guilty, they are subject to prison time, and immediate deportation, upon release.  Any, and all, minor children (under the age of 18) are to be placed into protective custody by the state in which the felon is captured, and upon the felon’s deportation, or the location of qualified relatives and/or legal guardian in the felon’s nation of origin, released into their custody in deportation (whichever comes first).  These minors shall not be banned from applications for future citizenship.  Those 18 and over that are the children of illegal immigrant felons, if they are able to provide evidence (such as in the form of birth certificates, for example) of being born in the United States of America, are subject to SECTION 3, Sub-Section 1.  Provisional nonresident aliens cannot sponsor immigrant applications to the United States, for any reason, be it for resident alien status, green card worker visas, etc.

          Sub-Section 4:  Illegal aliens that have completed a term of military service for the United States of America, and present evidence of honorable discharge, are not subject to the penalties of Sub-Section 3, with the exception of a one-time $10,000.00 USD fine, payable within 60 days, and the classification of their discharge changed to “general”.  Provisional nonresident aliens opting to join the United States Armed Forces are only able to join the United States Army or United States Marine Corps as infantry (United States Marine Corps Field 3, 0311; United States Army Field 11, 11B), and are ineligible from becoming warrant or commissioned officers.  Provisional nonresident aliens will be barred from attending any and all United States military academies (Army, Navy, Air Force).  Any provisional nonresident aliens that are already holding a commission or warrant will be fined $12,000.00 USD that must be paid within 60 days.  Any provisional nonresident aliens that are already non-commissioned officers or petty officers will be fined $10,000.00 USD that must be paid within 60 days.  Any provisional nonresident aliens that are already in the military under any other rank than non-commissioned/petty, commissioned and warrant will be fined $5,000.00 USD that must be paid within 60 days.  Failure to pay within 60 days will result in a warrant being issued for arrest, being charged with a Class-D felony, and if convicted, sentenced to 2 years in a military prison, a $10,000.00 USD fine, dishonorable discharge, deportation, and a permanent ban from re-entry into the United States of America.  Any, and all, minor children (under the age of 18) are to be placed into protective custody by the state in which the felon is captured, and upon the felon’s deportation, or the location of qualified relatives and/or legal guardian in the felon’s nation of origin, released into their custody in deportation (whichever comes first).  These minors will not be banned from applications for future citizenship.  Those 18 and over that are the children of   illegal immigrant felons, if they are able to provide evidence (such as in   the form of birth certificates, for example) of being born in the United   States of America, are subject to SECTION 3, Sub-Section 1.

               Sub-Section 3:  Those attaining provisional nonresident alien status are barred, permanently, from being registered to attain, or possessing, a social security number.  Any violation of this restriction will result in charges under 18 United States Code §1028 (Fraud and related activity in connection with identification documents, authentication features and information).  If found guilty, they are subject to prison time, and immediate deportation, upon release.  Any, and all, minor children (under the age of 18) are to be placed into protective custody by the state in which the felon is captured, and upon the felon’s deportation, or the location of qualified relatives and/or legal guardian in the felon’s nation of origin, released into their custody in deportation (whichever comes first).  These minors shall not be banned from applications for future citizenship.  Those 18 and over that are the children of illegal immigrant felons, if they are able to provide evidence (such as in the form of birth certificates, for example) of being born in the United States of America, are subject to SECTION 3, Sub-Section 1.  Provisional nonresident aliens cannot sponsor immigrant applications to the United States, for any reason, be it for resident alien status, green card worker visas, etc.

SECTION 4:  A provisional nonresident alien is similar to a nonresident alien in terms of taxation, but also bears the legal onus of being on permanent federal and state probation.

          Sub-Section 1:  Any illegal alien that has obtained the right to vote cannot become a provisional nonresident alien, and will be charged under 18 United States Code §611.  This is grounds for automatic deportation.

      Sub-Section 2:  Provisional nonresident alien status is granted by the Department of Homeland Security after a background investigation, and can be revoked on an at-will basis.  Once provisional resident alien status has been revoked, no appeal will be granted.

         Sub-Section 3:  A provisional nonresident alien will never be permitted, under any circumstances, to become an American citizen, nor have a status change to nonresident alien, resident alien or permanent resident.

        Sub-Section 4:  All provisional nonresident aliens will be subject to an annual FBI and DHS background check and Internal Revenue Service audit.  Any that are found to have been convicted of a Class C misdemeanor, or higher, or to have engaged in financial wrongdoing by the IRS audit will be subject to immediate arrest, being charged with a Class-D felony, and if convicted, 5+ years in prison, a $10,000.00 USD fine, deportation, and a permanent ban from re-entry into the United States of America.  Any, and all, minor children (under the age of 18) are to be placed into protective custody by the state in which the felon is captured, and upon the felon’s deportation, or the location of qualified relatives and/or legal guardian in the felon’s nation of origin, released into their custody in deportation (whichever comes first).  These minors will not be banned from applications for future citizenship.  Those 18 and over that are the children of   illegal immigrant felons, if they are able to provide evidence (such as in   the form of birth certificates, for example) of being born in the United   States of America, are subject to SECTION 3, Sub-Section 1.

          Sub-Section 5:  A provisional nonresident alien is liable to pay an annual, recurring penalty of $5,000.00 USD, payable to the federal government, as well as liable to any similar fines and penalties assessed by the State in which the nonresident alien currently resides.  Failure to pay within 30 days will result in   a warrant being issued for arrest, being charged with a Class-D felony, and if convicted, 5+ years in prison, a $10,000.00 USD fine, deportation, and a permanent ban from re-entry into the United States of America.  Any, and all, minor children (under the age of 18) are to be placed into protective custody by the state in which the felon is captured, and upon the felon’s deportation, or the location of qualified relatives and/or legal guardian in the felon’s nation of origin, released into their custody in deportation (whichever comes first).  These minors will not be banned from applications for future citizenship.  Those 18 and over that are the children of   illegal immigrant felons, if they are able to provide evidence (such as in   the form of birth certificates, for example) of being born in the United   States of America, are subject to SECTION 3, Sub-Section 1.

          Sub-Section 6:  As nonresident aliens, individuals are ineligible for collecting any type of federal aid, or subsidy, funded by taxpayers.  Nonresident aliens that are given their status by this law will be banned from federal employment, with the possible exception of military service (see Section 3, Subsection 4).  Anyone found assisting a provisional nonresident alien in attaining these benefits will be criminally charged under 15 (USC) United States Code §78t (e) for aiding and abetting, 18 USC Chapter 47 (Fraud and False   Statements) and 18 USC § 371 (Conspiracy to Commit Offense or to Defraud   United States).  Recipients of such benefits will be likewise charged.  Even if not convicted, the recipients will be immediately charged with a Class-D felony, and if convicted, 5+ years in prison, a $10,000.00 USD fine, deportation, and a permanent ban from re-entry into the United States of America.  Any, and all, minor children (under the age of 18) are to be placed into protective custody by the state in which the felon is captured, and upon the felon’s deportation, or the location of qualified relatives and/or legal guardian in the felon’s nation of origin, released into their custody in deportation (whichever comes first).  These minors will not be banned from applications for future citizenship.  Those 18 and over that are the children of   illegal immigrant felons, if they are able to provide evidence (such as in   the form of birth certificates, for example) of being born in the United States of America, are subject to SECTION 3, Sub-Section 1.

          Sub-Section 7:  Provisional nonresident aliens legally marrying American nationals shall not be deemed American citizens.  Children of the union of a wedded provisional nonresident alien and an American national shall be   granted American citizenship.  Adopted children of a wedded provisional nonresident alien and an American national will be granted American citizenship, if they did not have that citizenship, prior to adoption.

          Sub-Section 8:  Employers are to be considered “at will employers”, when employing provisional resident aliens that have attained their status under this law.

         Sub-Section 9:  Provisional nonresident aliens cannot remain in the United States of America for longer than 1 year, at a time.  After the expiration of precisely 1 year, the provisional nonresident alien must return to their country of origin.  Overstaying 1 year by any amount of time will result in charged with a Class-D felony, and if convicted, 5+ years in prison, a $10,000.00 USD fine, deportation, and a permanent ban from re-entry into the United States of America.  Any, and all, minor children (under the age of 18) are to be placed into protective custody by the state in which the felon is captured, and upon the felon’s deportation, or the location of qualified relatives and/or legal guardian in the felon’s nation of origin, released into their custody in deportation (whichever comes first).  These minors will not be banned from applications for future citizenship.  Those 18 and over that are the children of   illegal immigrant felons, if they are able to provide evidence (such as in   the form of birth certificates, for example) of being born in the United States of America, are subject to SECTION 3, Sub-Section 1.   Provisional nonresident aliens cannot sponsor immigrant applications to the United States, for any reason, be it for resident alien status, green card worker visas, etc.  The provisional nonresident alien that has departed after the 1 year time limitation must remain outside the United States of America for no less than 2 months, and will be permitted to return only if sponsored by an American citizen, or naturalized American citizen, or their employer (be it an individual or corporation).  This sponsor cannot be anyone that has been charged with any crime more serious than a Class C misdemeanor.  Furthermore, the provisional nonresident alien must have secured guaranteed employment that will be effective the day they arrive in the United States of America.  If both conditions are not met, the provisional nonresident alien cannot return.  The provisional nonresident alien, if they are unable to return to the United States of America under these conditions for 1 year, they will lose provisional nonresident alien status, and be banned from returning to the United States of America.

SECTION 5:  Provisional nonresident aliens will carry, at all times outside the home, identification cards which will bear a magnetic strip that can be read by conventional readers, bearing all relevant data on the cardholder.  In addition, this ID card will bear an RFID tag, enabling the DHS, DOJ and DOD to physically track the location and movements of that card, at all times.  Other law enforcement agencies will be able to gain access to this database by contacting the DHS, and no warrant will be required.  The provisional nonresident alien ID card will be utilized, whenever possible, as the primary method of identification.  Failure to have this  card on the person, at all times outside the residence, is a Class-D felony, and if convicted, 5+ years in prison, a $10,000.00 USD fine, deportation, and a permanent ban from re-entry into the United States of America.  Any, and all, minor children (under the age of 18) are to be placed into protective custody by the state in which the felon is captured, and upon the felon’s deportation, or the location of qualified relatives and/or legal guardian in the felon’s nation of origin, released into their custody in deportation (whichever comes first).  These minors will not be banned from applications for future citizenship.  Those 18 and over that are the children of   illegal immigrant felons, if they are able to provide evidence (such as in   the form of birth certificates, for example) of being born in the United States of America, are subject to SECTION 3, Sub-Section 1.

          Sub-Section 1:  The Department of Homeland Security will maintain accurate records of all provisional nonresident aliens in country and out-of-country, as well as records on all other known aliens.    These records are subject to audit by Congress, at any time, and all records will be presented within 8 hours, electronically, or all personnel that are responsible for non-compliance will be charged with Contempt of Congress, and subject to arrest by the Sergeant-at-Arms for the House or Senate (or both), to be brought to the floor of the appropriate chamber for punishment.  In addition, SECTION 1, Sub-Section 2 shall apply, resulting in all affected personnel being prosecuted pursuant to 15 (USC) United States   Code §78t (c) for hindering, delaying or obstructing the making or filing of any document, report or information pertaining to this crime.  The Secretary of Homeland Security, being a Cabinet official, is also open to articles of impeachment, at the discretion of Congress.

            Sub-Section 2:  The Department of Homeland Security will maintain a database that will leave them immediately aware of if a provisional nonresident alien, or any other alien that has a limited amount of time in the United States, has overstayed their  allotted time.

SECTION 6:  This bill shall go into effect 7 days after passage.

 

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~ by Virus-X REPUBLIC COMMANDO on June 21, 2013.

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