5) Protect Children and Families Through Rule of Law Act by Senator Ted Cruz (this act deals largely with illegal alien children and omits all key solutions)
Bill Sponsor: Citizen America, National Policy Center
Committee: Principal Author: Xelan Bonn
Bill No: Delegation:
Title of the Bill: Immigration Integrity Act (IIA)
Preamble: Whereas, the safety and security of alien children foremost to the concerns and national values and principals of the United States and its people, this proposal seeks to remove the “death trap magnet” that entices thousands of immigrants yearly to risk their lives and those of their children on the journey during, and after, illegal entry of the United States as unauthorized immigrants. In 2014, Department of Homeland Security (DHS) estimates over 90,000 children will have their lives endangered in making the journey to the USA. Currently, as many as 1/3 of all female children from ages 3 to 17 are documented and reported raped along a 2,000 mile smugglers trail by the Coyotes and Cartel members that traffic them. Equally, 2,500 child deaths in 2014 alone are now estimated to occur along the trek, all of which must be, and can be, prevented by simply removing all enticements that beacon and draw aliens to the US unlawfully.
Border security, a perennial concern of our collective national security, is weakened by the recent and growing mass flow of unauthorized children. Border Patrol agents are forced to attend to the needs of alien children rather than guarding our borders from dangerous Cartels, criminals, gangs, operatives, and terrorists. Border security integrity is currently estimated to be at an all time low of a mere 20% along the Southern border. By eliminating the inflow of more benign classes of unauthorized aliens from border intrusions, Border Patrol resources could be markedly freed up and respective border security integrity allowed to rise to over 80% as the inflows drop to a fraction of their normal intrusion rates (all without having added a single additional resource to border security itself).
This proposed law is designed to forever resolve the illegal immigration issue by removing the cloud of confusing federal policies, enforcement and international messaging that attracts unlawful behavior and unduly escalates border security breaches that weaken our national security. Terrorist and Cartels are well documented to be using unauthorized adults and especially children as diversionary pawns in their tactics to bypass Border Patrol teams and ensure successful incursions. This law, once well communicated by the world news and government resources (especially to targeted countries), will result in sending a clear message to the world that coming to, or staying in, the US unlawfully will no longer be rewarded and that such comes with stiff, life-time penalties that deter such behavior. By eliminating the incentives and reward magnets of US citizenship and work opportunities from all unauthorized immigrants, Border Patrol, ICE, and DHS agents and resources will, in turn,be freed up to concentrate on the more dangerous class of intruders, thereby allowing for greater focus on national security threats.
SECTION 1: For the purposes herein, an “alien” is defined as a non-US-citizen.
SECTION 2: Any alien caught on, or entering upon, US soil or jurisdiction thereto, without having first obtained federal authorization and approval, shall be designated an “unauthorized alien”.
SECTION 3: All unauthorized aliens shall permanently be denied access or ability to: i) lawfully immigrate to the US, ii) work for any employer in the US, iii) start a business in the US, iv) visit the US as a tourist, visit the US as a national ambassador or state dignitary or under the protection thereof, v) obtain government funded benefits or social services or taxpayer supports of any kind, vi) obtain any documents from any government agency, whether federal or state, that can be sued for any purposes afforded citizens, including but not limited to tax identification cards or numbers, state or federal driver’s licenses or identification cards, voting cards, or papers of transit, and other documents that aid or abet a presence on US soil (except such papers as needed during federal processing while the alien remains in the direct control and supervision of a federal government agency).
SECTION 4: All unauthorized aliens already living in the US shall have 90 days from the date of enactment to register for an “Exemption Hearing” using Form 900(e), which shall be designed and provided by the Department of Homeland Security and made available at all DHS, ICE, and Border Patrol offices or outposts.
SECTION 5: All unauthorized aliens already living in the US who have filed From 900(e) shall be registered in the FBI and DHS databases and shall be issued a “Temporary Exemption ID Card” that must be given, upon demand, to any law enforcement officer making such a request. Upon issuance of a Temporary Exemption ID Card, the unauthorized alien shall be issued a new hearing date by DHS or ICE. Any unauthorized alien failing to show up at the hearing shall have their “Temporary Exemption ID Card” and status revoked immediately. During the hearing, the administrative judge shall review the card holder’s current records to determine if the alien holder is wanted under warrant for having past failed to appear at any previous immigration hearing. Any alien wanted on such a warrant shall be immediately removed to an ICE of DHS processing facility and repatriated within 60-days (such persons shall be held in custody until repatriated). The administrative judge shall process all non-warrant alien as required under current law and this Act.All unauthorized aliens holding a valid “Temporary Exemption ID Cards” shall not be detained by law enforcement or US officials with respect to enforcement of this Act. The Temporary Exemption ID Card and its status shall be held in the national database and shall be accessible for instant review by any state, local or federal law enforcement personnel in the execution of their respective enforcement duties.
SECTION 6: The current E-Verify program shall be mandatory for all employers whose personnel will work or are working on US soil. All current and new employees must be screened and approved by E-Verify within 90 days of enactment of this Act or within 24 hours of the hiring of any new employee after such enactment period. Any employee rejected by E-Verify shall be immediately fired by the employer within 24-hours of noticing by E-Verify. Failure to remove the employee as prescribed by law shall subject the employer to $10,000 fine per unauthorized worker found on the premises. If three of more unauthorized employees are found on the premises, ICE shall immediately lock down the facilities and confiscate all business assets until adjudication of the crime and subsequent collection of any penalties is complete. E-Verify shall notify ICE of all employee rejections on their system and must include the name, address and phone of the employer as well as the rejected employee information so that ICE may audit results and further ensure compliance and enforcement.
SECTION 7: All unauthorized aliens holding “Temporary Exemption ID Cards” shall be required to pay a minimum sum of $695 to the DHS as a background check fee and said background check shall include all standard US clearances as well as all reports and clearances from the alien’s home country and home town or city as well as any other checks that may be required by ICE. The collection of reports shall be known as an “Alien Jacket”.
SECTION 8: All federal hearings reviewing Temporary Exemption aliens shall not be initiated or concluded until the Court has obtained a complete Alien Jacket.
SECTION 9: The federal court shall not admit or entertain the admission of any unauthorized alien under temporary exemption status whose Alien Jacket indicates any form of criminal wrongdoing, including misdemeanor or felony equivalents to US laws. All such aliens shall be immediately detained and processed by DHS or ICE for permanent expulsion from US soil. Any unauthorized alien failing to appear shall immediately have their “Temporary Exemption ID Card” and status revoked and shall then be considered a fugitive unauthorized alien subject to immediate capture and repatriation.
SECTION 10: Any unauthorized alien under temporary exemption status who is “cleared” by the Court shall, if they wish, be allowed to seek lawful immigration to the US by first paying a fine of $10,000 within 12-months to remain qualified (or $16,000 for immediate family members combined of 2 or more members). Those who fail to make the full payment by deadline shall forfeit their right under the program and shall be refunded their money and shall be re-classified “permanently unauthorized aliens” (PUA), and be subject to immediate repatriation. Individuals and families may apply for a 6-month repatriation time extension from deportation so they can settle all personal matters and affairs. Children below the age of 18-years shall be exempt from all cost penalties, provided they are accompanied by parents or a legal guardian.
SECTION 11: Any permanently unauthorized alien found to be discharged under Temporary Exemption Status Program shall be immediately removed from US soil and repatriated to their home country and home town. They shall not be prohibited from later applying for standard immigration or temporary worker status (not withstanding any current immigration laws or standards with respect to such and in place at that time) as a result of having dutifully participated in the program as required.
SECTION 12: Any repatriated (permanently unauthorized) alien who applies for lawful immigration or work permit to the US shall be given priority future status once all immigration backlogs have been cleared.
SECTION 13: Known as “US Soil Trespass” It shall be a Class B felony for entering in, or staying on, US soil without having first obtained lawful permission of the US federal government. The fine shall be a minimum of $5,000 and shall not exceed a maximum of $20,000 per offense and the minimum jail time shall be 90 days but shall not exceed a maximum term of 5-years. First time offenders may be granted a one time waiver provided they agree to expedited repatriation under then current ICE of DHS program. Expedited repatriation shall not take longer than 60 days.
SECTION 14: Any unauthorized alien who is a second or repeat offender shall be automatically charged with “US Soil Trespass” and detained without bail until completely adjudicated by the Courts and either repatriated or having first served their prison term then repatriated. Anyone convicted of US Soil Trespass shall forever forfeit their ability to immigration to or work in the US or for any US-based company in the world.
SECTION 15: ICE or DHS shall fully tabulate the total US federal government cost of holding and processing any unauthorized alien and the amount shall be listed as an unpaid expense due to be paid by the individual’s home country. The US government will deduct said expenses from any payments issued by the government to the corresponding home country of the unauthorized alien in the future, including all monies paid or given as “foreign aid”. If monies cannot be withheld, then the US Treasury shall bill the foreign state and demand payment within 120 days. If no payment is forthcoming within the prescribed deadline, the US Commerce Department shall immediately de-list that country from participating in any and all forms of trade with the United States until such monies are paid. Any US citizen violating the trade boycott shall be subject to 5 years in prison and $10,000 fine.
SECTION 16: Any unauthorized alien child below the age of 18 years of age shall be held in permanent custody until a hearing adjudicates their full disposition as to whether or not they may be allowed to remain in the country based on a new status. Those not allowed to remain in the USA shall be immediately processed and returned to their home country and placed in the custody of that country’s government. Any country failing to accept the return or such children shall be subject to immediate sanctions as follows:
(i) instant embargo of all trade with the USA.
(ii) fine of $10,000 per child or event (to be deducted from any future foreign aid or other payments by federal government to that country.
(iii) instant embargo of all legal immigrants from that country coming to USA.
(iv) instant stoppage of all money transfers from the USA to the violating country.
(v) and other deterrents as may be deemed necessary and proper by the US State Department toward ensuring compliance.
SECTION 17: Any person working for, or on behalf of, the US federal government or its agencies and tasked with enforcing immigration and border security laws or the Immigration Integrity Act who knowingly fails to enforce the law shall be immediately suspend pending investigation. If found guilty, said person shall be dismissed and pay a minimum fine of $10,000. Persons found guilty of multiple counts, premeditated, shall forfeit their government provided pensions and shall serve no less than 90 days jail time.
SECTION 18: Any person working for, or on behalf of, the US federal government or its agencies and tasked with enforcing immigration and border security laws or the Immigration Integrity Act shall be subject to a review and determination by their own agency or directorate or by the State Attorney General in which state they work. The State Attorney General may unilaterally request a review of any personnel working on, or for, such programs to ensure compliance and is fully empowered to prosecute on behalf of the federal government. All costs associated with prosecution shall be charged to, and paid by, the federal agency under which the prosecuted person is employed. Interference with a State Attorney General investigation shall be considered a Class B Felony subject to 5-years imprisonment and up to $10,000 fine.
SECTION 19: Any State Governor, upon review of the border integrity situation and so deeming a need, shall be unilaterally entitled to employ surveillance drones along their international border within a 1 mile corridor of the international boundary within their state. And may further deploy up to 5,000 national guard units without the express permission of the federal government when border integrity levels are below 95%. All guard units shall be under the direct control of the State to which they are employed until the federal government declares a state of emergency and assumes full operational control of the borders. All State incurred costs thereof shall be assessed to, and paid by, the Department of Homeland Security within 90-days of billing or shall incur an additional 10% penalty, per month, until paid.
SECTION: 20: The Department of Homeland Security shall hire 3,500 temporary administrative judges whose job it will be to adjudicate the backlog of all pending hearings with respect to the disposition of unauthorized aliens. DHS shall clear all backlogs within 30-months of enactment. If DHS analysis in the first six months of the program shows the backlog shall not be cleared on time, then DHS shall hire up to 2,000 (reserve) additional temporary administrative judges to ensure the deadline will be met. All temporary administrative judges shall be hired on a per-week contract basis and shall not become permanent employees of the federal government under this program. DHS shall monitor results and reduce costs and the number of judges as needed as soon as reasonable and feasible given its mandated deadline.
SECTION 21: DHS, ICE and other agencies shall not establish permanent facilities for this Act. All facilities shall be considered 3-years temporary and cost apportioned as such. Effort effort to use existing and low cost facilities and processes shall be made by all responding federal agencies so impacted by this Act.
SECTION 22: Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), Border Patrol (BP), Health and Human Services shall analyze all compliance costs with this Act to compile a 3-year budget. Said budgets shall be used to formally secure appropriations as may be required to ensure fulfillment of the mission and Act. Congress will review the total budget and approve or reject it for modifications within 60 days of enactment. If Congress cannot approve or reject within the time-frame allowed, the total budget shall then be deemed automatically approved and Treasury shall begin providing payments as required to the respective agencies. All such funds used for Act compliance shall not be from new taxes but shall be paid by reallocation of federal budget resources from the total Department of Defense budget and said budget shall be adjusted across the board against all defense allocations as an equal percentage of reduction. The cost of this Act is allocated to defense budgets based on the fact this Act directly affects and impacts national security as it deals with foreign states and citizens, which is the subject control of the Defense Department. The issuing of total funding to fulfill this Act for the entire first 3-years of all corresponding programs and costs is mandatory.
SECTION 23: It shall be a Class B felony to aid or abet, in any fashion, an unauthorized alien with a minimum fine of $2,500 per offense and maximum fine of $10,000 per offense, and a maximum jail term of 5 years. Any business or corporation hiring or aiding or abetting an unauthorized alien shall pay a minimum fine of $5,000 per individual alien offense and a maximum fine of $25,000 per individual offense and the assets of the company shall be subject to confiscation and liquidation to pay for all fines due as adjudicated by court order. The owner of the company or CEO or Director as well as the Human Resource Manager or hiring manager shall also be held individually liable as to a Class B felony for aiding and abetting, in any fashion, an unauthorized alien with corresponding fines and jail terms as described above.
SECTION 24: Any State, having given 60-days legal notice (or 10 days legal notice in a designated emergency) shall have the right to assume the duties and responsibilities of Immigration and Customs Enforcement (ICE) as well as Department of Homeland Security (DHS) and Border Patrol (BP) in the event the identified agency refuses to enforcement or comply with this Act or any immigration and border security law, having failed to respond and make corrective actions within the time limits. The State may assume such duties and tabulate all costs and bill the federal government for such costs, plus an additional 15% as penalty for the breach of duty. The federal agency, having corrected the problems and issues cited by the State, can ask the State for a full review toward compliance, and if satisfied, the State can then release its rights to supersede back to the federal agency to which its order was subjected. The intent of this section is to ensure that State’s can safeguard their own borders, without interference from any federal agency which fails to do its job properly and with full integrity so that citizens and the nation can otherwise be safeguarded.
SECTION 25: The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is hereby repealed in its entirety.
SECTION 26: Assessed as a remedy for a border security emergency situation, this Bill shall go into effect 30 days after passage.
SPECIAL AMENDMENT 1: Congress shall issue notice to Mexico giving the country 30 days to release Sgt. Andrew Tahmooressi and return him to the United States. In the event Mexico fails to comply, the US will immediately halt all commercial and import trade with Mexico and shall halt any and all funding or financial aid to Mexico.
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Principal Author–Xelan Bonn, mba is past president Patriot Union of America and Editor-In-Chief of PUA News, as well as key contributor to Patriot Society think tank (which once advised the G.W. Bush White House to use an unpopular “Iraq surge strategy’ that proved successful). He is co-founder of Citizen America, a Constitutional Rights and middle class advocacy with extensive membership roles in all 50 States. He has written and lobbied extensively as an expert on a variety of issues, including national and border security and legal and illegal immigration. He is a political strategist and author of Grass Root Change Systems and the highly documented, 630 page “Superpower Falling”, which he still refuses to release publicly due to its potential to be used by terrorist groups against US national security and the collective safety of the American citizenry.