4. Permanent Jobs for Agricultural Workers. S. 1639 offers an especially sweet deal for illegal agricultural workers once they obtain their Z-A visas. In Section 622 (b), the bill states, "No alien granted a Z-A visa may be terminated from employment by any employer during the period of a Z-A visa except for just cause."
Employers who dare to fire newly legalized aliens holding Z-A visas would do so at their own peril. The bill would create yet another administrative court system to review complaints by Z-A agricultural workers "who allege that they have been terminated without just cause." If the administrative hearing officer finds that the alien has established reasonable cause to believe that he was fired without just cause, the alien and the former employer must enter binding arbitration proceedings supervised by an arbitrator whose fees are paid by taxpayers. The burden is on the employer to demonstrate by a preponderance of the evidence that he fired the alien for just cause. To give the alien yet another legal boost, this special administrative process is non-exclusive. In other words, the alien may sue the employer at the same time in state or federal court for damages if any relevant causes of action are available.
Conclusion
On top of an already complicated immigration court system, S. 1639 would layer a complex mix of parallel administrative courts with nebulous standards and vulnerabilities to fraud. This new system would be an immigration lawyer's playground. Absconders would see their cases reopened, and the addition of poorly drafted new statutory language to already voluminous immigration laws and regulations would make the Internal Revenue Code look simple.
Aside from the 12 million to 20 million illegal aliens who would receive amnesty, the biggest beneficiaries of this legal morass are the immigration lawyers who would bill millions of dollars representing their clients as the cases drag on. That is not entirely surprising, because the American Immigration Lawyers Association reportedly played a central role in drafting the Senate bill. It is also a natural consequence when a bill is drafted behind closed doors and shielded from the normal process of committee scrutiny.
2007-06-27
14:29:19
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11 answers
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asked by
Anonymous
in
Politics & Government
➔ Immigration
http://www.heritage.org/Research/Immigration/wm1522.cfm
2007-06-27
14:34:11 ·
update #1