TO: Interested persons
FR: Jim Boulet, Jr., Executive Director, English First (703) 321-8818
DT: June 26, 2007
SJ: My review of the "clay-pigeon" amendment package for S. 1639.
I. English-related amendments
Page 19, lines 1 to 13: Z-visa application form not required to be written in English, completed in English and makes no mention of an applicant's English training. (No change from S.1348.)
Pages 30 to 31: English requirements still modest: 8years after getting first Z visa, must pass a simple English test that 85% pass after only 3 tries. (No change from S.1348.) Curiously, the English requirement may be stricter for Z-A visas (see page 107, lines 16 to 19). See also page 371, lines 20 to 24.
Page 42, lines 15 to 20: Z visa information must be "broadly disseminated in no fewer than the top 5 principle languages." (No change from S.1348.)
Page 154, lines 8 to 10: forms "in a[?] language other than English as necessary and reasonable."
Page 327, lines 13 to 16: what does "communications initiatives" mean?
Page 336: Government Accountability Office Study on English Proficiency. Page 338, lines 24 to 25 include E.O. 13166 compliance costs.
II. Other provisions of concern or interest
There is a considerable amount of "discretion" written into these amendments: e.g. page 7, lines 7 to 9; page 9, lines 6 to 10; page 18, lines 9 to 11; page 83, lines 9 to 17; and pages 118 to 119, line 24 to line 6.
Page 11, lines 14 to 16: "not more than $1,500." The $1,500 fee is a maximum. Could be zero.
Does the touchback required on page 13, lines 24 to 25 still apply if there is no secure ID card (i.e. Baucus anti-REAL ID passes)?
Page 20, lines 15-17 AND page 21, lines 14 to 16: one day processing still required.
Page 21, lines 1 to 6: probationary Z visa means no detention or deportation "unless the alien is determined to be ineligible."
Page 22, lines 21 to 25: "an alien who is in removal proceedings" still eligible for Z visa.
Page 65, lines 1 to 7: Social Security numbers to be issued once an alien has received "any probationary benefits upon application for such [Z nonimmigrant} status."
Page 68, lines 16 to 24: What happens to the Social Security credit ban, if the Secretary does not issue a final rule?
Pages 72 to 73, lines 25 to 2: no "numerical limitation on the number of aliens who may be eligible for adjustment of status."
Page 92, lines 16 to 19: dependents do not count against Z-A visa limits.
Page 98, lines 6 to 25: no limit on lawsuits by employees Also, page 110, lines 22 to 25: Legal Services can provide legal assistance. Page 372, lines 6 to 12, also allow Legal Services to provide direct legal assistance.
Page 127, lines 9 to 13: yet another UN resolution is mentioned, the "Convention Against Torture" (1984).
Page 131: REAL ID ban. Impact on page 13, lines 24 to 25 (touchback) unknown.
Page 174, line 14, 19 to 22: No indemnity bonds "against any potential liability arising under this section relating to such hiring, recruiting or referral of the individual."
Page 180, lines 11 to 17: No more reporting on the fraudulent use of Social Security Account Numbers.
Page 197: the anti-discrimination requirements provide lots of protection for employees.
Page 200 to 201: 31 new permanent district judgeships plus seven temporary slots to be created. See also page 202, lines 5 to 13. Judgeships at the district court level are filled primarily by nominations from Senators from that state:
Permanent new judgeships (31)
Four for Arizona (McCain, Kyle); ten for California (Boxer, Feinstein); six for Florida (Martinez, Nelson); one for Minnesota (Coleman, Klobucher); one for New Mexico (Bingaman, Domenichi); four for New York (Clinton, Schumer); four for Texas (Hutchinson, Cornyn); and one for Washington State (Cantwell, Murray).Temporary new judgeships (7): One each for Arizona, Idaho and New Mexico; two for California and Florida.
Page 206: relatively good totalization language.
Page 273: nondisclosure of immigration status "prior to the provision of medical or educational services."
Page 278: Alexander citizenship language begins.
Page 286: Oath of Allegiance codified.
Page 307, lines 13 to 14: what does the word "identity" mean in this context?
Page 345, lines 20 to 22: why a new immigration services office in Fairbanks, Alaska?
Page 346, line 20 to page 348, line 11: $1.1 million for a new immigration and customs office in St. George, Utah?
Send e-mail and suggestions to jboulet@englishfirst.org
English First, 8001 Forbes Place, Suite 109, Springfield, VA 22151 tel: (703) 321-8818 Internet: http://www.englishfirst.org