Immigration Control and Legalization Amendments Act of 1985

Immigration Control and Legalization Amendments Act of 1985 - Title I: Control of Illegal Immigration - Amends the Immigration and Nationality Act to make it unlawful for a person or other entity to: (1) hire, or recruit, or refer for a fee for U.S. employment any alien knowing that such person is unauthorized to work, or any person without verifying his or her work status; or (2) continue to employ an alien knowing of such person's unauthorized work status.

Makes verification compliance an affirmative defense to any violation in the hiring or referral of an alien.

Applies the sanctions under this Act to employers of four or more employees.

Establishes an employment verification system. Requires: (1) the employer to attest, on a form developed by the Attorney General, that the employee's work status has been verified by examination of a passport, birth certificate, social security card, alien documentation papers, or other proof; (2) the worker to similarly attest that he or she is a U.S. citizen or national, or authorized alien; and (3) the employer to keep such records for the period required by regulation.

Sets forth penalties for unlawful employment of unauthorized aliens.

Makes it an unfair immigration-related employment practice for an employer of four or more employees to discriminate against any individual (other than an unauthorized alien) with respect to hiring, or recruitment or referral for fee, because of such individual's origin or citizenship status.

Requires that complaints of violations of an immigration-related employment practice be filed with the Special Counsel for Immigration-Related Unfair Employment Practices (established by this Act) within the Department of Justice. Prohibits the overlap of immigration-related discrimination complaints and discrimination complaints filed with the Equal Employment Opportunity Commission.

Authorizes the Special Counsel to investigate complaints and to determine whether to bring such complaints before a specially trained administrative law judge. Provides for the conduct of hearings, orders as determined by an administrative law judge, and review of such orders in accordance with provisions of the National Labor Relations Act.

Directs the Attorney General to disseminate information to employers and the public regarding provisions of this title.

Directs the Attorney General to conduct a three-year demonstration project to determine a method to validate the social security account numbers of employment applicants and report to the appropriate congressional committees on its results.

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 (up to $5,000 fine or two years' imprisonment or both).

States that two essential elements of the immigration control and reform program established by this Act are increased enforcement and service activities of the border patrol of the Immigration and Naturalization Service (INS), and other appropriate Federal agencies.

Authorizes supplemental appropriations to the Department of Justice for: (1) the Immigration and Naturalization Service for FY 1986 and 1987; and (2) the Executive Office of Immigration Review for FY 1986 and 1987. Requires that funds provided for the INS be used to improve immigration and naturalization services and for enhanced community outreach and in-service training of personnel.

Revises the criminal penalties for the unlawful transportation of unauthorized aliens into the United States.

Directs the Attorney General to develop a contingency plan to provide for the allocation and management of personnel and resources in the event of an immigration emergency. Establishes an immigration emergency fund to be used in accordance with such plan. Authorizes appropriations. Prohibits the use of such funding unless the President has certified to the appropriate congressional committees that an emergency exists.

Requires INS to have an owner's consent or a warrant before entering a farm or outdoor operations to interrogate persons to determine if undocumented aliens are present.

Title II: Legalization - Authorizes the Attorney General to adjust to temporary resident status those aliens who: (1) apply within 18 months; (2) establish that they entered the United States before January 1, 1982, and have resided here continuously in an unlawful status (including Cuban/Haitian entrants) since such date; and (3) are otherwise admissible.

Authorizes similar status adjustment for specified aliens who entered legally as nonimmigrants but whose period of authorized stay ended before January 1, 1982. (States that in the case of exchange visitors the two-year foreign residence requirements must have been met or waived.)

Prohibits the legalization of persons: (1) convicted of a felony or three or more misdemeanors in the United States; or (2) who have taken part in political, religious, or racial persecution. Requires an alien applying for temporary resident status to register under the Military Selective Service Act, if such Act so requires.

Authorizes the Attorney General to adjust the status of temporary resident aliens to permanent resident if the alien: (1) applies during the one-year period beginning with the 13th month following the grant of temporary resident status; (2) established continuous residence in the United States since the grant of temporary resident status; (3) is otherwise admissible and has not been convicted of a felony or three or more misdemeanors committed in the United States; and (4) either meets the minimum requirements for an understanding of English and a knowledge of American history and government, or demonstrates the satisfactory pursuit of a course of study in these subjects.

Specifies circumstances in which the Attorney General may terminate an alien's temporary resident status. Provides additional guidelines for dealing with temporary resident aliens.

Requires the Attorney General to work with designated voluntary agencies to: (1) disseminate program information; and (2) process such aliens.

Provides criminal penalties for false application statements.

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, and security grounds) to assure family unity or when otherwise in the national interest.

Requires the Attorney General to provide an alien otherwise eligible but unregistered who is apprehended before the end of the application period, an opportunity to apply for the legalization program before deportation or exclusion proceedings are begun. States that such alien shall be authorized to work in the United States pending disposition of the case.

Provides for administrative and judicial review of a determination respecting an application for adjustment of status under this Act.

Makes legalized aliens (other than Cuban/Haitian entrants) ineligible for Federal financial assistance, Medicaid, or food stamps for five years following a grant of temporary resident status and for five years following a grant of permanent resident status (permits medical assistance, aid to the aged, blind, or disabled, and public health assistance). States that programs authorized under the National School Lunch Act, the Child Nutrition Act of 1966, the Vocational Education Act of 1963, chapter 1 of the Education Consolidation and Improvement Act of 1981, the Headstart-Follow Through Act, the Job Training Partnership Act, subparts 4 and 5 of part A of title IV of the Higher Education Act of 1965, the Public Health Service Act, and title V of the Social Security Act shall not be construed as prohibited assistance. Continues assistance to aliens under the Refugee Education Assistance Act of 1980 without regard to adjustment of status. Preempts certain State social security plan requirements to the extent necessary to carry out this Act.

Requires the Attorney General to broadly disseminate in English and other appropriate languages information on the legalization program regarding benefits.

Establishes procedures for the status adjustment to permanent resident of certain Cuban and Haitian entrants who arrived in the United States before January 1, 1982.

Authorizes appropriations for FY 1987 through 1991 for State legalization impact assistance grants. Declares the purpose of such grants to provide public and educational assistance to newly legalized aliens to the extent such assistance is available to citizens of the State. Describes required reports, statements, and audits respecting State eligibility for such grants.

Title III: Reform of Legal Immigration - Separates temporary agricultural labor from other temporary labor for purposes of nonimmigrant (H-2A visas) worker provisions.

Requires an employer H-2A 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.

Provides with regard to agricultural worker applications that: (1) the Secretary may not require such an application to be filed more than 60 days before needed; (2) the employer shall be notified in writing within seven days if such an application requires perfecting; (3) the Secretary shall approve an acceptable application not later than 20 days before needed; and (4) employers may provide payment of a reasonable housing allowance in lieu of furnishing housing.

Permits agricultural producer associations to file H-2A petitions.

Provides for expedited administrative appeals of denied certifications.

Prohibits the entry of aliens as H-2A workers: (1) for longer than the period determined under regulations; and (2) if the alien has violated a term of admission within the previous five years.

Authorizes permanent appropriations for the purposes of: (1) recruiting domestic workers for temporary labor and services which might otherwise be performed by nonimmigrants and agricultural transition workers; and (2) monitoring terms and conditions under which such individuals are employed.

Authorizes permanent appropriations to enable the Secretary of Labor to make determinations and certifications.

Directs the Attorney General, in consultation with the Secretaries of Labor and Agriculture, to establish a three-year agricultural labor transition 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 other migrant and seasonal workers. Sets forth employer participation requirements.

Increases the colonial quota from 600 to 3,000.

Requires foreign students to return to the country of their nationality for at least two years after completing their studies before petitioning to return to the United States. Sets forth conditions for the waiver of such requirement.

Declares aliens who have obtained certain advanced degrees, or are training for such degrees, eligible for educational visitor status.

Prohibits non-waiver students from adjusting to permanent resident status.

States that time spent in student or trainee status shall not count for purposes of eligibility for suspension of deportation.

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

States that for suspension of deportation purposes, an alien shall not be considered to have failed to maintain continuous physical presence in the United States if the absence did not meaningfully interrupt the continuous physical presence.

Title IV: Reports to Congress - Requires the President to report to the appropriate congressional committees on: (1) general legal admissions under the Immigration and Nationality Act; (2) unlawful employment of aliens; (3) the agricultural transition program; and (4) the temporary agricultural worker (H-2A) program. Directs the Civil Rights Commission to monitor and report to such committees on the implementation and enforcement of provisions of this Act that result in unlawful discrimination. Requires the President to make two reports to the Congress on the legalization program established by this Act.