Chrismartin76
Registered Users (C)
All,
One of the sections of the immigration bill that is in today's news prohibits a court from setting a date by which a stuck-in-name-check case must be adjudicated (if I'm reading it correctly). I'm going to call my congressional representatives to express my disapproval, and it would be great if some of you could take the time to do the same.
I pasted the relevant portion of the bill below. Pay special attention to line item (k) at the end. It doesn't state that lawsuits will not be permitted, but it does say "no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
If I'm reading it incorrectly, then all this says is that the court can't grant you a green card, which is moot.
I don't know if this applies to lawsuits filed before the passage of this bill.
-Chris
SEC. 531. COMPLETION OF BACKGROUND AND SECURITY CHECKS.
Section 103 (8 U.S.C. 1103) is amended by adding at the end the following:
`(i) Requirement for Background Checks- Notwithstanding any other provision of law, until appropriate background and security checks, as determined by the Secretary of Homeland Security, have been completed, and the information provided to and assessed by the official with jurisdiction to grant or issue the benefit or documentation, on an in camera basis as may be necessary with respect to classified, law enforcement, or other information that cannot be disclosed publicly, the Secretary of Homeland Security, the Attorney General, or any court may not--
`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;
`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; or
`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.
`(j) Requirement To Resolve Fraud Allegations- Notwithstanding any other provision of law, until any suspected or alleged fraud relating to the granting of any status (including the granting of adjustment of status), relief, protection from removal, or other benefit under this Act has been investigated and resolved, the Secretary of Homeland Security and the Attorney General may not be required to--
`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;
`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; or
`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.
`(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts.'.
One of the sections of the immigration bill that is in today's news prohibits a court from setting a date by which a stuck-in-name-check case must be adjudicated (if I'm reading it correctly). I'm going to call my congressional representatives to express my disapproval, and it would be great if some of you could take the time to do the same.
I pasted the relevant portion of the bill below. Pay special attention to line item (k) at the end. It doesn't state that lawsuits will not be permitted, but it does say "no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
If I'm reading it incorrectly, then all this says is that the court can't grant you a green card, which is moot.
I don't know if this applies to lawsuits filed before the passage of this bill.
-Chris
SEC. 531. COMPLETION OF BACKGROUND AND SECURITY CHECKS.
Section 103 (8 U.S.C. 1103) is amended by adding at the end the following:
`(i) Requirement for Background Checks- Notwithstanding any other provision of law, until appropriate background and security checks, as determined by the Secretary of Homeland Security, have been completed, and the information provided to and assessed by the official with jurisdiction to grant or issue the benefit or documentation, on an in camera basis as may be necessary with respect to classified, law enforcement, or other information that cannot be disclosed publicly, the Secretary of Homeland Security, the Attorney General, or any court may not--
`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;
`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; or
`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.
`(j) Requirement To Resolve Fraud Allegations- Notwithstanding any other provision of law, until any suspected or alleged fraud relating to the granting of any status (including the granting of adjustment of status), relief, protection from removal, or other benefit under this Act has been investigated and resolved, the Secretary of Homeland Security and the Attorney General may not be required to--
`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;
`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; or
`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.
`(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts.'.