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Reading The Fine Print, Part 7: “There’s Been A Slight Change In Your Job Description”

Sunday, May 20, 2007  |  posted by Hugh Hewitt
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Among the many surprises in Title VI “NONIMMIGRANTS IN THE UNITED STATES PERVIOUSLY IN UNLAWFUL STATUS” is the stipulation in Section 601(f) “Eligibility Requirements,” is subparagraph (7):

Interview: An applicant for Z nonimmigrant status must appear to be interviewed.

Let’s use the low number of 12 million potential Zs, and assume that an average of 3 Zs will appear for each interview, which means the feds need to schedule, conduct and write-up 4 million interviews.  Is it fair to allocate, say, 2 hours per interview set-up, completion and follow up?  So we need 8 million federal manhours.

Are these DHS hours?  And which employees are tasked with the interview process?  The bill is silent.

You should be pleased to learn that ineligibility for the nearly automatic Z status does exist, and is detailed, sort of, in Section 601(d)(1): “GROUNDS OF INELIGIBILITY” which include those already subject to a deportation order –luck of the draw, really– and those for whom there are reasonable grounds for believing have committed serious criminal acts inside or outside of the U.S., and those “for whom there are reasonable grounds for regarding…as a danger to the security of the U.S.,” which is pretty open ended. 601(d)(1)(B)

Also barred from Z-land under 602(d)(1)(D): An applicant who “has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.”

What in the world is that all about?  An attempt to keep out those complicit in genocide in Africa, or a bar of Hezbollah members, or simply a sort of P.C. savings clause intended to keep out the ideological riff raff.

BTW: “Polygamists, child abductors, and unlawful voters” are also ineligible under Section 601(d)(2)(A)(ii). That should help cut down on voter fraud –lose your Z status if caught.

Part of the rules of admission to Z-land is the production of proof of years of continuous presence, the forms of which are detailed in 601(i) “ADJUDICATION OF APPLICATION FILED BY ALIEN.”  The applicant has to come up with at least two types of reliable documents that “provide evidence of employment” which include the obvious business or employer records, union records, or “sworn affidavits from nonrelatives who have direct knowledge of the alien’s work,” which seem to me to become the document of choice given the understandable reluctance of employers or unions to provide the feds evidence that they had previously been law breakers,

I’m back to the nagging question of how in the world anyone thinks this paper, interview and follow-up-heavy process is really going to work?  It makes sense that those under 16 and those over 65 don’t have to show evidence of continuous employment (601(m)(1)(B)) and that aliens with physical or mental disability as defined by the ADA get a pass (601(m)(1)(B)(iii), but each exception or special circumstance adds an enormous burden of investigation and paperwork to the already leaning tower of bureaucratic overload.

The renewal of Z visas (601(k)) puts a premium on the showing of “an attempt to gain an understanding of the English language and knowledge of United States civics by taking the naturalization test described in sections 312(a)(1) and…by demonstrating enrollment in or placement on a waiting list for English classes.”

Note that you don’t actually have to learn any English or civics, just get your name on the right lists.  Four years after the first Z visa issues (not the probationary ones) there is going to be a boom market in ESL and civics classes offered around the country.

By the time the second renewal comes around –8 years after the issuance of the original nonprobationary Z visa– must pass the naturalization test, though “the alien may make up to three attempts to demonstrate such understanding and knowledge.”  There’s an exception of course for those with physical or develomental disabilities, those over 50 who have been in the country 20+ years, and those over 55 who have een here at least 15 years. 

There’s much more in Title VI, including special sections for agricultural workers and for minors who entered the country illegally –they are eligible under the new law for student loans and federal work-study programs under Section 616.  There’s also an impossible-for-me-to-read section on Social Security benefits which seems to say no credit for years worked here as an illegal alien, though I can’t be sure from the language.

Finally, under Section 601(n) the new, massive class of Z visa holders “may travel outside of the United States, and may be readmitted without having to obtain a visa if the alien’s most recent period of authorized admission has not expired.” (p. 278).

Thus any jihadist who got himself into the country prior to 1/1/07, worked under a cover and kept his nose clean, will now be able to legitimize his status and travel abroad to get additional instructions and/or training.

The draft act’s wholesale failure to make distinctions between entrants from our hemisphere and those from across the oceans and particularly those from countries with significant jihadist networks seems startling at best.

 

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