Immigration Reform Act of 1985

Immigration Reform Act of 1985 - Title I: Control of Illegal Immigration - Part A: Preventing Displacement of Domestic Workers by Unauthorized Aliens - Directs the Secretary of Labor, in consultation with the Attorney General and with the Chairman of the National Labor Relations Board, to submit to the Congress an alien labor enforcement plan for FY 1986. Directs the Secretary to submit to the Congress an updated plan for FY 1987.

Authorizes supplemental FY 1986 and 1987 appropriations for such enforcement activities by the Department of Labor and the National Labor Relations Board.

Amends the Fair Labor Standards Act to establish a civil penalty for specified recordkeeping violations.

Part B: Improvement of Enforcement and Services - Amends the Immigration and Nationality Act to authorize supplementary FY 1985 appropriations for Immigration and Naturalization Service (INS) enforcement activities.

Authorizes FY 1986 and 1987 appropriations for INS.

Directs the Attorney General to submit a plan to the Congress for FY 1985 supplemental personnel and resources, and to revise such plan for FY 1986 and 1987. States that increases in enforcement activities should be used predominantly for border area patrol.

Establishes criminal penalties for unlawful transportation of undocumented aliens to the United States for commercial advantage or private profit.

Directs the Attorney General, jointly with the Secretary of State, to initiate antismuggling program discussions with Canada and Mexico and to report on such discussions to the Congress within one year.

Directs the Attorney General to develop an INS immigration emergency plan, and to submit such plan to the appropriate congressional committees. Authorizes the Attorney General to request supplementary appropriations if the President has determined that such an emergency exists. Authorizes appropriations.

Directs the Attorney General to: (1) establish an inservice training program to familiarize INS personnel with the rights of citizens and the various cultural backgrounds of persons they may come in contact with; and (2) enhance the INS community outreach program.

Permits the owner or operator of an international bridge or toll road to request the Attorney General to inspect and approve measures taken to prevent aliens from illegally crossing into the United States. States that such approved measures shall be prima facie evidence of compliance with obligations under such Act to prevent illegal entries.

Part C: Adjudication and Enforcement Powers and Procedures - Creates a seven-member United States Immigration Board as an independent agency within the Department of Justice to hear appeals from: (1) final decisions of administrative law judges (other than voluntary departure); (2) the exercise of certain discretionary authority; (3) imposition of penalties and fines; and (4) determinations respecting bond, parole, and detention. States that the Board's determination shall be binding on all immigration judges, immigration officers, and consular officers unless judicially modified. Requires the President to nominate Board members within 45 days.

Replaces the existing special inquiry officer system with a system of immigration judges. Grants such judges responsibility for exclusion, deportation, asylum, and status rescission cases.

Limits the Attorney General's authority to arrest and detain an alien pending determination of deportability. Requires such determination proceedings to be open to the public unless requested otherwise by the alien.

Requires related bail determination within 24 hours. Sets forth determination factors, including factors requiring release without bond. Provides for an administrative de novo determination. Permits the Attorney General to revoke an alien's bond or conditional release and detain such person for reasonable cause.

Permits an immigration officer or employee to stop and temporarily detain a person if the officer has a reasonable belief based on specific, articulable facts, that such person is illegally in the United States.

Requires a determination of deportability to be made within 24 hours of arrest. Requires an alien to be advised orally and in writing of the reasons for arrest and his or her rights in English or in such person's native language. Requires advisement of right of counsel and right to remain silent.

Provides for both searches with warrants and warrantless searches.

Title II: Reform of Legal Immigration and Naturalization - Part A: Immigrants - Increases annual visas: (1) from 20,000 to 40,000 each for Mexico and Canada (with the unused portion available to the other country); and (2) from 600 to 3,000 for the colonies. Makes such increases effective in FY 1986.

Requires a comprehensive immigration impact report every three years beginning on January 1, 1988. Requires the House and Senate Judiciary Committees to hold public hearings to review such reports.

Includes the relationship between an illegitimate child and its natural father within the definition of "child" for purposes of status, benefit, or privilege under such Act.

Exempts certain self-supporting retirees from numerical admissions limitations.

Treats university researchers as faculty for certification purposes.

States that certain brief absences from the United States by an alien shall not be construed as having failed to maintain continuous physical presence for suspension of deportation purposes.

Part B: Nonimmigrant Tourists - Authorizes a three-year tourist visa waiver pilot program with up to eight reciprocating countries. Authorizes a visa waiver program for Guam. Requires a program report to the Congress.

Part C: Naturalization - Confers naturalization jurisdiction upon the Attorney General. Authorizes an administrative naturalization procedure in addition to the current judicial procedure.

Waives the English language requirement for persons older than 50 years.

Eliminates the six-month State residency requirement.

Title III: Legalization - Directs the Attorney General to adjust to permanent resident status aliens who: (1) entered the United States before January 1, 1982, and have resided continuously in this country illegally since that date; (2) apply within the prescribed application period; (3) have registered with the draft if so required; and (4) are otherwise admissible.

Prohibits the legalization of persons: (1) convicted of a felony (excluding certain re-entry violations) in the United States; or (2) who have taken part in religious, political, or racial persecution.

Requires the Attorney General to designate and work with voluntary agencies to disseminate program information and process such aliens.

Waives numerical limitations, labor certification, and other specified entry violations for such aliens. Permits the Attorney General to waive other grounds for exclusion (except criminal, most drug-related, security, and Nazi persecution grounds) to assure family unity or when otherwise in the national interest.

Provides for a transitional legal status, during such adjustment determination period which prohibits deportation and permits employment.

Requires that persons arrested during such legalization program period be notified of their opportunity to adjust, and prohibits deportation until they have been afforded such opportunity.

Permits administrative appeal of a status adjustment denial.

Directs the Attorney General to establish eligibility requirements and application approval guidelines in consultation with the House and Senate Judiciary Committees and participating voluntary agencies. Direct the Attorney General to construe such adjustment requirements liberally, taking into account the special circumstances to individuals previously residing unlawfully in the United States. Allows the waiver of continuous residence when necessary to avoid undue family hardship. Provides criminal penalties for false application statements.

Makes legalized aliens (other than Cuban/Haitian entrants, the aged, blind, and disabled, and persons requiring specified medical assistance) eligible for Federal financial assistance and Medicaid for five years. States that programs authorized under the Public Health Service Act, title V of the Social Security Act, unemployment assistance programs, the National School Lunch Act, the Child Nutrition Act of 1966, the Vocational Education Act of 1963, chapter l of the Education Consolidation and Improvement Act of 1981, the Headstart-Follow Through Act, the Job Training Partnership Act, and subparts 4 and 5 of part A of title IV of the Higher Education Act of 1965 shall not be construed as prohibited assistance.

Requires the President to submit to the Congress reports on the implementation and the impact of the legalization program.

Provides permanent resident status adjustment for certain Cuban and Haitian nationals who entered the United States before January 1, 1982.

Authorizes appropriations for FY 1986 through 1989 for State legalization assistance. Requires the Secretary of Health and Human Services, subject to available appropriations, to provide full reimbursement to States for costs incurred in providing specified services to aliens during the period they were ineligible for Federal assistance.

Requires the Secretary of Education, subject to available appropriations, to assist States in meeting such aliens' added educational costs.

Provides for cooperation with State and local governmental advisory groups in implementing this Act.

Title IV: National Commission on Immigration - Establishes a 15-member National Commission on Immigration to study and recommend legislative and administrative solutions to specified social, economic, employment, and international immigration problems facing the United States, including the development of economic programs with Latin America.

Requires the Commission to assess: (1) the current U.S. temporary worker program; and (2) the causes of the existing preference visa backlog.

Sets forth administrative and operating provisions.

Requires a report to the Congress within 18 months. Terminates the Commission 30 days after submission of such report.

Authorizes appropriations.