Saturday, February 9, 2008

Trial Resident Permit (Red Card). Lawful Temporary Residence.

An interim Lawful Temporary Residence Permit (immigration status) shall be established, and issued upon application to any individual non-citizen within the United States who does not hold a Lawful Permanent Residence Permit (Green Card *).

The Lawful Temporary Residence Permit shall be identified by a Red Card. This status shall be in effect for a period of three years, or for such longer period as may be enacted. Each such individual must apply for his or her Trial Resident Permit by June 30, 2009.

The Lawful Temporary Residence Permit shall authorize the individual to reside within the United States, receive public services, attend public school (for those under the age of 16), and obtain employment within the United States, for a period of three years, that is, until July 1, 2012.

The Lawful Temporary Residence Permit shall terminate after summary hearing [beef up] upon the individual's noncompliance with the following conditions; or sooner upon other good cause after hearing related to the health and safety of third parties [beef up]: He or she must
  • obtain a valid State photographic identification or driver's license, which identification or license shall expire at the same time as the individual's Lawful Temporary Residence Permit
  • report and document valid address and employment status upon each change of address and employment;
  • remain free of conviction for any felony, or free of conviction for (3) misdemeanors as defined by the states in which such acts were committed;
  • for those over age 16, become self-supporting as defined by no application for public services or funding for a period of 8 months;
  • remain free of any restraining order in any State in excess of three such restraining orders;
  • or as the issuing authority may determine after public hearing.
Deportation hearings may commence at the pleasure of the issuing authority upon any of the foregoing trigger events. No public funds shall be required to be expended to provide legal counsel to any individual with Lawful Temporary Residence Permit. However, counsel may request a garnishment of future wages of the individual or such other measures in order to obtain payment upon such reasonable terms as the issuing authority, or hearing officer, shall determine.

Each individual holding the Lawful Temporary Residence Permit shall apply for a Lawful Permanent Residence Permit within the three year trial period; or for such other status as may be in effect at the termination of his or her three year trial period, this leaving open further determinations by legislatures and other governmental authorities.

Persons failing to comply with the requirement for Lawful Temporary Residence Permit holders to apply for Lawful Permanent Residence Permit status; or whose application is denied by the issuing authority, may be, at the determination of the issuing authority, deported upon summary hearing to his or her country of origin.

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Idea: Provide time for further discussion, terminate immediate deportation or arrest oriented activities at state or federal level pending that discussion. Dealing with borders not addressed. Addresses issue of condoning illegal entries by not reasonably closing borders to this point.

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* Green Card (immigration status) - Lawful Permanent Residence Permit: See US Citizenship and Immigration Services at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD.

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