Illegal Alien Rectification Act

Illegal Alien Rectification Act

 

Committee:

 

Principal Author:

Isaac Bishop, Junior

Bill No:

Delegation:

 

 

 

Title of Bill:

Illegal Immigration Rectification Act

 

Be It Enacted By The xxx Congress

 

1

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

4

 

 

 

 

 

 

 

 

5

 

 

 

6

 

 

 

7

 

 

 

 

 

 

 

 

 

 

 

 

 

8

 

 

9

 

 

 

 

 

 

 

 

 

10

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13

 

14

 

15

 

 

16

 

 

17

 

 

 

 

 

 

18

 

 

 

 

 

 

19

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20

 

 

 

 

21

 

 

 

22

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

23

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

24

 

 

 

 

 

 

 

 

 

 

 

25

 

 

 

 

26

 

 

 

 

 

 

 

 

 

 

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

 

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, released into their custody in   deportation.  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.

 

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

          Sub-Section 1:  Illegal   immigrants may be exempted from prosecution and deportation, provided they   meet all of the following criteria:  that   have achieved, minimally, an associates degree from an institution that is   recognized by a minimum of 30 of 50 states; has steady and full-time   employment; has been working at said place of employment for a minimum of 4   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; not registered to vote; pass a citizenship test   within 30 days with a score of no less than 70%; 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 $45,000.00 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.    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 vote, and from participating in politics in any way.  They are subject to all normal taxation   incumbent upon nonresident aliens, as well as 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, which shall not exceed $5,000.00 USD.  Failure to pay within 30 days will result   in a warrant being issued for arrest, subsequent arrest and being charged   with a Class-D felony, and if convicted, 2 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.  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.    

          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 $5,000.00   USD fine, payable within 60 days.    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 permanently ineligible from becoming warranted   or commissioned officers, for any reason.    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 $5,000.00 USD that must be paid within 60   days.  Any provisional nonresident   aliens that are already in the military under any other rank than   commissioned and warranted will be fined $2,500.00 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 prison, a   $10,000.00 USD fine, deportation, and a permanent ban from re-entry into the   United States of America.  Failure to   pay within the allotted 60 days will result in a warrant being issued for   arrest, subsequent arrest, being charged with a Class-D felony, and, if   convicted, 2 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.  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.

 

 

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 with felony voter fraud.

          Sub-Section 2:  Provisional   nonresident alien status is granted by the Department of Homeland Security   after a background investigation, and can be revoked.  Once provisional resident alien status has   been revoked, it can never be attained, again.

          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 background   check and Internal Revenue Service audit.    Any that are found to have been convicted of anything more serious   than a Class C misdemeanor, or to have engaged in financial wrongdoing by the   IRS audit will be subject to immediate arrest, pending immediate deportation   and being banned from returning to the United States of America, for any   reason.  If they should return   illegally, they will be charged with a Class-B felony, and if prosecuted,   face imprisonment.

          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, which shall not exceed $5,000.00 USD.  Failure to pay within 30 days will result in   a warrant being issued for arrest, subsequent arrest and being charged with a   Class-D felony, and if convicted, 2 years in prison, a $10,000.00 USD fine,   deportation, and a permanent ban from re-entry into the United States of   America.

          Sub-Section 6:  As   nonresident aliens, individuals are ineligible for collecting social   security, disability payments, unemployment compensation, Medicare, Medicaid,   Patient Protection and Affordable Care Act participation, food stamps, Pell   Grants, nor any other type of federal aid program, or subsidy, funded by   taxpayers.  Nonresident aliens that are   given their status by this law will be banned from federal employment.  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-E felony (upon declared an illegal alien), be subject to 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.  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 will 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.  Provisional resident aliens that are   honorably discharged Veterans of the United States armed forces are exempt   from the limitations of Sub-Section 8.

          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 being charged   with a Class-D felony, and if convicted, 2 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.  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 6 months, and   will be permitted to return only if sponsored by an American citizen, or   naturalized American citizen.  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 alien   identification cards 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 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 A   misdemeanor, as well as a Class-E felony (as a first offense for illegally   being in the United States of America) punishable by less than 5 years   imprisonment, but more than 1 year in federal prison, followed by 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.  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 48 hours, electronically, or the Secretary   of Homeland Security and all relevant 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.

 

 

 

 

Advertisements

~ by virusx on June 21, 2013.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: