Illegal Immigration Control Act of 1985

Illegal Immigration Control Act of 1985 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for any person to knowingly hire, recruit, or refer any alien not authorized to work in the United States. Makes it unlawful for an employer of two or more persons to hire anyone without complying with the verification procedure set forth in this Act.

Directs the Attorney General, in cooperation with the Secretaries of Labor and Health and Human Services, to establish a social security account validation system as part of such verification procedure.

Sets forth a verification procedure which requires an employer to attest, under penalty of perjury, that he has examined an employee's identification papers, and requires an employee to attest to his or her citizenship or legal work status. Requires employers to keep such records for three years or one year after an employee leaves, whichever is longer. Makes following such procedure an affirmative employer defense.

States that nothing in this Act shall directly or indirectly authorize the creation of a national identification card system.

Prohibits employers from requiring employees to post indemnity bonds.

Subjects violators of such verification procedure or hiring provisions to civil penalties. Requires notice and a hearing opportunity.

Authorizes the Attorney General to: (1) seek injunctive relief for pattern or practice violations; and (2) sue to collect outstanding penalties.

Directs the President to monitor such program and consult with the Congress every six months.

States that no penalties shall be imposed for the first six months after enactment of this Act.

Amends the Migrant and Seasonal Agricultural Worker Protection Act to subject farm labor contractors to the requirements of this Act, beginning seven months after enactment.

Makes it illegal to fraudulently misuse or manufacture entry or work documents. Sets forth penalties.

Part B: Improvement of Enforcement and Services - Directs the Attorney General to develop and transmit to the Congress an Immigration and Naturalization Service (INS) personnel and funding plan for FY 1986 and 1987. Authorizes FY 1986 and 1987 INS appropriations.

Makes it unlawful to knowingly, or in reckless disregard of the fact that an alien is not authorized to enter the United States, bring such person into the country. Sets forth penalties.

Directs the Attorney General: (1) in consultation with experts and State and local governments, to develop an INS immigration emergency contingency plan; and (2) to submit such plan to the congressional judiciary committees within four months. Authorizes appropriations.

Directs the Attorney General: (1) jointly with the Secretary of State, to initiate discussions with Mexico and Canada on programs to prevent alien smuggling into the United States; and (2) report to the Congress within one year.

Part C: Denial of Immigration Benefits to Illegal Aliens - Prohibits out-of-status aliens from adjusting to permanent resident (immigrant status).

Denies immediate relative status to certain relatives of illegal aliens or Cuban/Haitian entrants.

Title II: Temporary Agricultural Labor - Separates temporary agricultural labor from other temporary labor for purposes of nonimmigrant (H-2 visas) worker provisions.

States that such agricultural workers' stay shall be determined by the Attorney General. Prohibits entry to temporary workers who have violated entry conditions within the previous five years.

Requires the Attorney General to provide for necessary entry and exit documents.

Requires an employer H-2 visa petition to certify that: (1) there are not enough local U.S. workers for the job; and (2) similarly employed U.S. workers' wages and working conditions will not be adversely affected.

Authorizes the Secretary of Labor to charge application fees.

Prohibits the Secretary from approving such petition if: (1) the job is open because of a strike or lock-out; (2) the employer violated temporary worker admissions terms; or (3) in a case where such workers are not covered by State workers' compensation laws, the employer has not provided equivalent protection at no cost to such workers. Directs the Secretary to establish expedited review of such denied certificates.

Provides with regard to agricultural worker applications that: (1) the Secretary may not require such an application to be filed more than 50 days before needed; (2) the employer shall be notified in writing within seven days if such an application requires perfecting; and (3) the Secretary shall approve an acceptable application not later than 20 days before needed. Authorizes producer associations to file such petitions.

Requires the Secretary, in consultation with the Attorney General and the Secretary of Agriculture, to report to the Congress annually regarding such certification program.

Authorizes appropriations beginning with FY 1986 to: (1) recruit domestic workers; (2) monitor the nonimmigrant work program; (3) make determinations and certifications; and (4) permit the Secretary of Agriculture to carry out duties under such Act.

Directs the Attorney General, in consultation with the Secretaries of Labor and Agriculture, to establish a three-year transitional agricultural labor program to implement the H-2 temporary agricultural worker program. Requires employer registration during the first year of the program. Provides that the number of undocumented agricultural workers be reduced by one-third for each of the three years. Provides such transitional workers with the same benefits and protections as H-2 workers. Sets forth employer participation requirements. Requires a report to the Congress within 18 months regarding temporary alien worker program improvements.

Authorizes the Attorney General to prohibit an employer from participating in the program for up to three years for specified hiring violations.

Expresses the sense of the Congress that the President should establish an advisory commission to consult with Mexico and other appropriate countries and advise the Attorney General regarding the temporary worker and transitional worker programs.

Prohibits such aliens from adjusting to immigrant or other nonimmigrant status.

Adds to the classification of nonimmigrant aliens those foreign workers who have no intention of abandoning a foreign residence, but come to the United States for seasonal agricultural employment for a maximum of eight consecutive months.

Prohibits the admission of an alien as a nonimmigrant if such alien has violated the terms or conditions of a previous admission nonimmigrant within the past five years.

Directs the Attorney General, in consultation with the Secretaries of Agriculture and Labor, to establish an admissions program for such workers. Requires such program to impose monthly and annual quotas upon nonimmigrant visas by agricultural employment region. Subjects the availability of such visas to a specified preference system, based upon a specified allotment formula.

States that: (1) the availability of a nonimmigrant visa is not predicated upon petitions from prospective employers within the United States; and (2) nonimmigrant visas shall neither limit the type of agricultural work, nor the geographical area within which aliens may be employed.

Provides for up to ten U.S. agricultural employment regions.

Permits employers of agricultural workers to submit petitions to the Attorney General which specify the month and agricultural employment region concerned, as well as a breakdown of the type of work needed and the availability of domestic and foreign workers to do such work. Requires the Attorney General to prescribe quotas for nonimmigrant visas based upon such petitions and other specified factors. Permits agricultural employers to apply for an increase in nonimmigration visa quotas if they can establish an emergency need based upon specified factors. Requires the Attorney General to decide such applications within 72 hours of the completion of such application.

Requires employers to: (1) make a good faith effort to recruit domestic workers; (2) provide wages and working conditions that do not adversely affect similarly-employed U.S. workers; (3) provide benefits similar to State compensation benefits in areas where such benefits are unavailable; (4) not employ such workers in cases of a strike or lockout; (5) not employ such workers for other than seasonal agricultural work; and (6) substitute a housing allowance payment for actual housing under specified circumstances. Disqualifies an employer for up to three years for violations of such requirements.

Makes it unlawful to hire, recruit, or refer for U.S. employment a nonimmigrant alien in the absence of an approved employment application. Sets forth penalties.

Denies such alien workers any Federal assistance based on financial need.

Directs the Secretary of State to expand and establish consulates in countries from which such aliens are likely to come.

Directs the Attorney General to provide the Congress with a semiannual program report.

Directs the Attorney General to establish a trust fund (from employer and employee wage-based contributions) to: (1) administer and enforce such program; and (2) provide a monetary incentive for alien workers to return to their country.

Expresses the sense of the Congress that the President should negotiate with representatives of labor source countries to establish bilateral advisory commissions to advise the Attorney General regarding problems arising under this Act.

Excludes from admission into the United States any such alien workers who are not: (1) continuously employed; or (2) actively seeking employment in the agricultural labor market.

Precludes the time spent by aliens in a nonimmigrant status under this Act from being counted as part of the continuous residence requirement for purposes of suspending deportation. Bars such aliens from having their status adjusted to permanent resident.