We believe the vast majority (over 98% according to some studies - link or reference) of persons wanting to enter the USA are decent law abiding citizens who just want a better life. This proposal takes that position and proposes to treat our potential citizen/residents as such.   If you agree or at least partially agree, take a look at this proposal and give us some feedback at moreinfo@stevepearce.info.  You may also want to provide a link to this page to your US Senator or US Congressional representative.
However, if you fear immigrants and believe that persons wanting to be a part of our nation are thugs, rapists or gang members or are just doing so to be criminals, you will probably not agree with the proposal.   If you truly believe that immigrants are taking jobs from citizens when the un-employment rate is at a long time low, you can probably stop reading now. 

 

HB XXX,  SB YYY. Humanistic Immigration Reform Act (HIRA) of 2018.

A proposal for new legislation regarding immigration and Application for entry into United States of America. Sponsors and co-sponsors from both parties are invited to join the effort to pass this first step immediate legislation and to assure the funding for the infrastructure to support the legislation. This legislation effects the initial entry into the USA and the period entrants wait while their permanent status application is processed by the INS.  It should not substantially alter the current process of applications for citizenship – it just makes persons legal while they wait.  This is not a liberal “open border’’ legislation. It will not create an infestation of our nation with thugs and gang members. It does provice for national security and citizen safety.  It simply, quickly and effectively documents (DNA, Contacts Etc.) every potential immigrant to the USA and provides the follow up process to keep our nation and citizens safe.

Assumptions:

* More than 98% of those desiring legal immigration status are not criminals and not coming to the USA to commit crimes.  Few are (or will) be criminals.  Past programs have established similar statistics.
* There are no demonstrated national economic or national security issues to restrict immigration numbers. Immigration number limits (if any) could be set based solely the capability of INS to process applications.
NOTE: This proposal does not address the issue of supply and demand. It assumes that we will enter all entrants into the HIRA program and the draft assumes no limits on immigration numbers.  As such many persons in the HIRA program may never be accepted for citizenship since immigration limits are in currently in place.  
Upside: There will be a larger legal workforce allowing for the growth the economy; There will be more persons paying taxes (supporting the possible need to expand social services)
Downside:  Unknown, but no doubt there will be many politically motivated views.
* The cost of the current zero tolerance policy plus the cost of the proposed wall by President Trump may be greater than the cost of this program.

The Immigrant Experience:   

Overview. Here is what a person or family requesting migration or temporary permission into the USA for the first time without current documentation or those currently in the USA illegally will and should experience and agree to.:   

Welcome to the United States of America. We welcome persons who will abide by commonly accepted International law and the laws of the United States of America.  While we verify your status and process your (and/or your family’s) formal applications you will be assigned a HIRA CARD and you will enter a period of probation. If you abide by the probational conditions of your entry, and until your application is approved or rejected, this card allows you to remain and work in the USA, to be treated fairly, and to enjoy the rights of US citizens with a few exceptions (you may not vote, you may not own or possess a gun, and a few other restrictions). You will also be required to abide by the responsibilities of US citizens (pay taxes, obey our laws, Etc.)

 Conditions of your entry and remaining in the USA:

·         INS must be able to contact you and your minor dependents at all times. You must truthfully report your current address, contacts and other information once a month to the INS. Providing false information about your location and contacts information is a violation and you will be subject to arrest and deportation if you or anyone provides such false information.

·         You must submit a formal application within 1 month for status as a refugee or an application for citizenship or a permanent Green Card or other status giving you legal permanent status to remain in the USA. You must respond to any request by the INS regarding your application in a timely and truthful manner.  HIRA status does not guarantee the acceptance of your formal application – current immigration laws apply.

·         You or your minor dependents must not be convicted of a felony while in the USA and must have not been ‘convicted’ of a felony (as defined in the USA) in any other country prior to your entry to the USA (with a few exceptions).

·         You and your minor dependents must carry your HIRA Card at all times. If asked ‘specifically’ if you or your minor dependents have a HIRA Card by federal law enforcement officers, you must answer ‘yes’ and show your and their Cards. The officer may check your current status but otherwise will be required by the HIRA act to treat you as a US citizen.

·         If asked by INS, you must show evidence that you are working or have applied for a job or have other means to support yourself and your family.  Jobs are listed at jobs.HIRA.Ins.gov. If you cannot find a job or a means to support yourself and your family, you will be given a reasonable amount of time to find one or you will need to report for civilian service at minimum wage. INS will provide assistance in that effort. Abuse of the USA social services will not be tolerated by HIRA residents, and there are further requirements you must meet (TBD).  

·         You must obey our laws and pay taxes and file tax returns just like our citizens.

That’s it. With your HIRA Card, you may now legally enter, leave and re-enter the USA at ports of entry.  You may remain in and work in the USA and enjoy the freedoms and opportunities provided by our nation while your appropriate application is processed and as long as you and the those entering with you at this time meet the above conditions. You are welcomed as a potential future productive and contributing citizen of the USA!  

Failure to abide by the conditions of your probation or the HIRA act will result in immediate arrest and possible deportation of you and the family members entering or registering with you at this time. If, at any time while we process your application, we find that you or a member of your family has been charged with and found guilty of a felony in the USA or convicted of a crime in any country that is considered a felony by the USA, we will dispatch ICE to find you or that person and arrest him or her for possible deportation.  If accused of violation of our laws, you will be afforded the same rights as our citizens. Convictions in our courts of misdemeanors will be reported to the INS but will not normally be considered a violation of your probation (some exceptions may be in place by this legislation or the HIRA commission).

To meet the reporting requirement, you must report every 30 days or less: To do that, call or have anyone with you call 1-800-xxxx or complete the form at HIRA.Ins.gov.  We will need your current contact information and you will be required to truthfully answer some questions (TBD) Following each monthly contact we may, at our discretion, dispatch INS agents to verify your current location, health and safety.  If INS cannot locate you easily, ICE agents will be assigned to find you and you and your minor dependents will be subject to arrest and possibly deportation.  We encourage you to report within 5 days of any change in your last contact information. 

How to find a job:  call 1-800-xxx or go to jobs.HIRA.Ins.gov  Companies hiring and available jobs will be listed.  Or, report to any Social Security Office who can help you with HIRA resources.

How to get medical care or emergency food, shelter or legal assistance:  Present your HIRA Card! The US Government (our citizens) will try to assist you as long as you continue to meet the conditions of your probation.  We want you healthy and productive and to have food and shelter.  We will help you find a means to support yourself and your family if you need assistance.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Proposed legislation and implementation of a HIRA act.  

1.       Congress will enact and fund this legislation as soon as possible.  This legislation should also discontinue most current immigration policy not consistent with the intent of this new legislation. This legislation should not substantially change the current process for applying for permanent legal status (green card, citizenship, refugee status, Etc.)

2.       The accumulated number of HIRA persons residing in the USA shall not be restricted but the HIRA yearly entrant limits shall be set to accommodate the then current immigration limits. Congress will fund the INS as necessary to support HIRA  and support the acceptance or rejection of 90% of all applications for permanent legal status (green card, citizenship, refugee, Etc.)  within 1 year of their application.

3.       Congress will one time fund and INS will develop and implement the HIRA registration process and the process to follow up on HIRA Card Holders within 6 months of passage. HIRA registration should be designed to take no more than 30 minutes to process each person by using current technology (E.G websites) Not paper will be used. INS will share collected information with other government agencies as needed and legal.

4.       Medicaid will be made available to HIRA Card Holders if they cannot afford other insurance.

5.       Persons crossing the border into the USA without a current status (card, visa, passport, Etc.) for the purpose of applying for an immigration status will be routed to a HIRA Card application center – not arrested or detained. All entrant applications will be processed within 30 minutes. Those applying for refugee status will be provided 1 week of free shelter and food if they request.  Current child holding centers and detention centers (if any) will be re-deployed for this temporary housing effort.

6.       INS (with cooperation of related agencies) will develop a system (web site Etc.) for employers to advertise jobs for HIRA Card holders and develop a process to assist HIRA Card holders to use the system and help them find jobs. Employers who pay HIRA Card holders less than the prevailing wage will be required to pay tax penalties to help fund the program.  Those who pay above prevailing wages will be offered tax incentives.

7.       A non-partisan HIRA commission will be appointed by 2/3 vote of both houses of congress to manage the implementation of the program and to provide for rapid and legal resolution to complaints by or on behalf of HIRA Card holders. The commission will not be part of the FBI, INS, ICE, OHS, any law enforcement agency or the administration.  Members of the commission shall not be members of congress.

8.       Every entrant in the Red Card program will be assigned a substitute Social Security Number.  Txx-xx-xxxx. ‘T’ represents a person who has legally entered under this program.

9.       The IRS will implement a program for HIRA Card holders to pay taxes using the substitute Social Security Number and treat those filings as with any current legal citizen.

10.   The legislation shall contain reasonable restrictions on the use of social services and may be more strict than those applied to citizens to prevent abuse of our social services.  (TBD by compromise and budget restraints)  Abuse as defined in the legislation and as documented for the HIRA residents shall be a violation of the HIRA terms and those who abuse the system can be arrested and if proven to violate the legislated rules, be deported.

11.   Persons in the HIRA program whos’ applications have not been accepted or denied within 5 years, have not been convicted of a felony, who have not abused social services (Criteria to be established), have adequate means of support, have paid taxes and social security taxes for 5 years will have their application for citizenship moved to the front of the line or other fast track and their application concluded within 6 months.

12.   ICE will re-deploy and train ICE agents on their new mission.  Locating persons who do not report or have not applied for a HIRA Card after the program is implemented.  ICE agents will not stop persons at official border crossings. Most current officers mayl not be required at the border because most immigrants will probably want a HIRA Card and can apply without fear.  There are sufficient numbers of ICE agents to locate and arrest those few who do not report or who do not follow the rules.

13.   For every entrant INS will electronically collect within 30 minutes per person:
- Name
- DNA Sample
- Picture
- Other personal identification features (weight, height, eye color, finger prints…)
- Current contact information (phone, e-mail, other) and anticipated address (if known)
- Contact information of persons  (in the USA or other countries) who will or may know their location in the future.  At least 3 are required. More are accepted. 

14.   No effort to determine eligibility for entry to the USA during the registration and issuance of a HIRA Card except checks that can be done within the 30 minute registration process (unless there is reasonable suspicion and evidence of previous crimes or the intent to engage in illegal activities)      

15.   Current persons in the USA illegally must immediately report to INS and obtain a HIRA Card. They will NOT be arrested or charged with any crime or detained unless there is legal evidence of a felony in the USA or other country. There must be positive incentive for them to register. For purposes of this program, misdemeanors and crimes for which persons have served their time will not affect the application for a HIRA Card and they will not be detained in any way.

16.   Persons previously registered in the Dream Act will be transferred to the HIRA program. Any differences between the privileges or restrictions of the Dream Act and the HIRA Act will be resolved to best match the spirit and rules of the new HIRA act. Their previous registration will be automatically transferred to a HIRA Card registration.  (Dreamers and new entrants merged to the same system)

17.   After the program is implemented there will be no ‘illegal’ immigrants except those without a HIRA Card or without other current legal status.  Persons who cross the border without documentation (illegally) or who are discovered to not have documentation by INS, ICE or other federal law enforcement while in the USA will be offered transportation to the nearest INS office or port of entry to register under the HIRA Act.  If they refuse, they will be detained and processed for deportation or immediately deported to the place of their recent entry. Any person currently in the US illegally will be deported if they do not register for a HIRA Card within 90 days after passage of this legislation. 

18.   Funding for HIRA:  This legislation and programs will be funded as much as possible from the budgets of INS, ICE and federal law enforcement agencies. Funding currently proposed by the administration to fund a wall will be instead provided to fund this program.  Instead of funding ICE to arrest persons for misdemeanors fund them to implement this program (find and arrest violators of the HIRA Act or ‘illegal’ immigrants only).  Remove some of the tax cuts to corporations and the rich and use that money to fund medical care, food and shelter for HIRA Card holders when it is determined they really require those services. Cut expenses (funding) of the National guard to help ICE and the INS.  Companies who hire those with HIRA status or illegals will help fund the program (See # 19).

19.   Any person with a HIRA Card who is stopped by or questioned by law enforcement will treated as if they are a law-abiding citizen.  They will be welcome in the USA but must show their HIRA Card if requested.  This legislation will allow for the arrest of and or deportation of only ‘illegal’ immigrants. ICE and law enforcement budgets can be moved to this program because fewer arrests will be required.  A very small percentage or persons will not register for a HIRA Card because this program will make them ‘legal’. As a result, fewer ICE agents will be required to enforce the law because only a very few persons will elect to not register or violate the conditions of the HIRA act.  Previous similar programs show that 98 to 99% of entrants will not follow the rules, will report their location, and will apply for a more permanent status. 

20.   Any person holding a HIRA Card who is determined to have violated the conditions of probation after being stopped or questioned by law enforcement, or who applies for medical, food or shelter assistance will be reported to INS.  HIRA Card holders who have not reported monthly will be reported to INS but cannot be arrested by law enforcement without the approval of INS. Only INS can request follow up by ICE and only ICE can arrest HIRA Card holders for violations of their probation. Card holders who are suspected of a felony can be arrested but must be afforded all of the same protection as a US citizen.

21.   Companies and individuals may hire HIRA Card holders but those employers must pay social security taxes (using the Txx-xx-xxxx number) and other taxes is if the HIRA employee was a USA citizen and any additional taxes to support the program as determined by this legislation.  Employers of HIRA Card holders shall pay at least the minimum wage, and to abide by fair and legal practices.  Employers who hire persons without legal status shall face penalties equal to $100,000 or more for each instance of violation and/or the complete closure of their business and their assets will be transferred to the US Government for disposal at auction.  

22.   Congress alone can change this program.  The president (or any future president) may NOT change this program thru executive orders or other means without the express approval of the congress and the HIRA commission. 

Notes, observations, comments:

Assuming there are immigration limits in place, the HIRA program will result in a big increase in the number of persons in the USA who will not receive citizenship.  However it is very probably the number will not be much larger than the number of persons in the USA illegally under the current laws. 

Many economists suggest that a necessary condition to grow a county’s economy is to grow the work force. HIRA would certainly do that.