,i #aafth ,,congress #ast ,session ,h4 ,r4 #bhja ,,in ,,the ,,house ,,of ,,representatives ,may #af1 #bjai,mr4 ,collins of ,new ,york introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide temporary resident status and employment authorization for certain non-seasonal agricultural workers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,helping ,labor ,personnel on ,farms ,act or the ,,help ,farms ,act4 #b4 ,temporary resident status and employment authorization for certain non-seasonal agricultural workers 7a7 ,in general 7#a7 ,treatment of principal aliens ,in the case of an alien described in subsection 7b7 who satisfies the requirements of subsection 7c7 and is not ineligible under subsection 7e71 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor and the ,secretary of ,state1 shall-- 7,a7 adjust the status of the alien to that of an alien lawfully admitted for temporary residence for a two-year period not subject to renewal1 and issue documentary evidence of such temporary resident status2 7,b7 grant the alien authorization to engage in employment in the ,united ,states during such two-year period in an agricultural labor or services occupation not of a seasonal nature2 and 7,c7 provide the alien an employment authorized endorsement or other appropriate work permit valid during such two-year period4 7#b7 ,treatment of spouses and children ,a spouse or unmarried child under #ba years of age of a principal alien who is included in an application under subsection 7c77#a7 and is not ineligible under subsection 7e7 shall be eligible for the same temporary resident status 7and documentation of such status7 as is granted to the principal alien4 7b7 ,aliens described 7#a7 ,in general ,an alien is described in this subsection if the alien-- 7,a7 during the preceding calendar year1 was considered a ,united ,states resident for purposes of the ,internal ,revenue ,code of #aihf2 7,b7 does not qualify for status under section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;a772 and 7,c7 is1 and during the #b-year period preceding the date of the filing of the application under subsection 7c7 has been1 employed by the sponsoring employer described in subsection7c77#b7 in an agricultural labor or services occupation not of a seasonal nature4 7#b7 ,definition ,for purposes of this section1 the term agricultural labor or services includes-- 7,a7 agricultural labor as defined in section #caba7;g7 of the ,internal ,revenue ,code of #aihf2 7,b7 agriculture as defined in section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f772 7,c7 all activities required for the preparation1 processing or manufacturing of a product of agriculture 7as such term is defined in such section #c7;f771 or fish or shellfish1 for further distribution2 7,d7 the handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state2 7,e7 dairy cattle and milk production2 7,f7 range production of livestock2 7,g7 sheep herding or goat herding2 7,h7 commercial beekeeping and pollination2 7,i7 animal shearing2 7,j7 the killing of animals for meat or poultry processing and the breakdown of their carcasses2 and 7,k7 activities related to the management and training of equines4 7c7 ,application requirements 7#a7 ,in general ,an alien shall apply for adjustment of status and work authorization under this section during the #f-month period beginning on the date of the enactment of this ,act4 ,the application shall collect such information as the ,secretary of ,homeland ,security determines necessary and appropriate4 ,the ,secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien and the alien's eligible spouse and children4 7#b7 ,sponsoring employer 7,a7 ,in general ,an application under paragraph 7#a7 shall be accompanied by an attestation from the alien's employer that the alien continuously has been employed by the employer in an agricultural labor or services occupation not of a seasonal nature during the #b-year period preceding the date of the filing of the application4 7,b7 ,employer protections 7i7 ,use of employment records ,copies of employment records or other evidence of employment provided by an alien or by an alien's employer in support of an alien's application under paragraph 7#a7 may not be used in a civil or criminal prosecution or investigation of that employer under section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 or under the ,internal ,revenue ,code of #aihf for the prior unlawful employment of that alien regardless of the adjudication of such application or reconsideration by the ,secretary of ,homeland ,security of such alien's prima facie eligibility determination4 ,employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application under paragraph 7#a7 shall not be subject to civil and criminal liability pursuant to such section #bgd;,a for employing such unauthorized aliens4 7ii7 ,limit on applicability ,the protections for employers and aliens under clause 7i7 shall not apply if the aliens or employers submit employment records that are determined to be fraudulent4 7d7 ,special rules for applicants 7#a7 ,documentation ,upon the filing of an application under subsection 7c77#a71 the ,secretary of ,homeland ,security shall furnish the applicant or applicants with documentation of status as an applicant under this section4 7#b7 ,aliens apprehended before or during the application period ,if an alien who is apprehended during the period beginning on the date of the enactment of this ,act and ending on the last day of the application period described in subsection 7c77#a7 appears prima facie eligible for temporary resident status under this section1 the ,secretary of ,homeland ,security-- 7,a7 shall provide the alien with a reasonable opportunity to submit an application for such status under this section during such period2 and 7,b7 if such an application is submitted1 may not remove the individual until a final administrative determination is made on such application4 7#c7 ,aliens in removal proceedings ,notwithstanding any other provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 if an alien is in removal1 deportation1 or exclusion proceedings during the period beginning on the date of the enactment of this ,act and ending on the last day of the application period described in subsection 7c77#a7 and is prima facie eligible for temporary resident status under this section1 upon motion by the ,secretary of ,homeland ,security and with the consent of the alien or upon motion by the alien1 the ,executive ,office for ,immigration ,review shall-- 7,a7 terminate such proceedings without prejudice to future proceedings2 and 7,b7 permit the alien a reasonable opportunity to apply for such status4 7#d7 ,period pending adjudication of application ,during the period beginning on the date on which an alien applies for temporary resident status under this section and ending on the date on which the ,secretary of ,homeland ,security makes a final decision regarding such application1 the alien-- 7,a7 is eligible to apply for advance parole2 7,b7 may not be detained by the ,secretary or ,homeland ,security or removed from the ,united ,states unless the ,secretary makes a prima facie determination that such alien is1 or has become1 ineligible for temporary resident status2 7,c7 shall not be considered unlawfully present under section #bab7;a77#i77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b772 and 7,d7 shall not be considered an unauthorized alien 7as defined in section #bgd;,a7h77#c7 of such ,act 7#h ,u4,s4,c4 #acbd;a7h77#c7774 7e7 ,ineligible aliens 7#a7 ,in general ,an alien shall be ineligible for adjustment of status and work authorization under this section if the ,secretary of ,homeland ,security determines that-- 7,a7 the alien ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 7,b7 the alien has been convicted in the ,united ,states by a final judgment of a particularly serious crime 7as defined in paragraph 7#b772 7,c7 there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the ,united ,states prior to the arrival of the alien in the ,united ,states2 7,d7 there are reasonable grounds for regarding the alien as a danger to the security of the ,united ,states2 7,e7 the alien is described in subclause 7,i71 7,,ii71 7,,iii71 7,,iv71 or 7,,vi7 of section #bab7;a77#c77;,b77i7 or section #bcg7;a77#d77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 7relating to terrorist activity71 unless1 in the case only of an alien inadmissible under subclause 7,,iv7 of section #bab7;a77#c77;,b77i7 of such ,act1 the ,secretary of ,homeland ,security determines1 in the ,secretary's discretion1 that there are not reasonable grounds for regarding the alien as a danger to the security of the ,united ,states2 or 7,f7 the alien has not satisfied all ,federal1 ,state1 and local tax liabilities4 7#b7 ,definition ,for purposes of paragraph 7#a77;,b71 an alien who has been convicted of the following shall be considered to have been convicted of a particularly serious crime3 7,a7 ,a felony for which the alien was sentenced to a term of imprisonment of not less than #fj months4 7,b7 ,murder1 rape1 kidnapping1 or a felony offense described in chapter #gg 7relating to peonage and slavery7 or #aac;,b 7relating to terrorism7 of title #ah1 ,united ,states ,code4 7,c7 ,three or more felonies of any kind4 7#c7 ,termination of benefits ,temporary resident status and work authorization granted under this section shall be terminated if the ,secretary of ,homeland ,security determines that the alien-- 7,a7 meets a condition described in paragraph 7#a72 or 7,b7 is not employed in an agricultural labor or services occupation not of a seasonal nature4 7f7 ,documentation features ,documentary evidence of temporary resident status provided under this section shall-- 7#a7 be machine-readable and tamper-resistant2 7#b7 contain a digitized photograph2 7#c7 during the alien's authorized period of admission1 serve as a valid travel and entry document for the purpose of applying for admission to the ,united ,states2 and 7#d7 include such other features and information as the ,secretary of ,homeland ,security may prescribe4 7g7 ,confidentiality of information 7#a7 ,in general ,except for purposes of carrying out paragraph 7#b71 and consistent with subsection 7c77#b77;,b71 the ,secretary of ,homeland ,security1 the ,attorney ,general1 or any other official or employee of the ,department of ,justice or the ,department of ,homeland ,security shall not-- 7,a7 use the information furnished by the applicant1 or the sponsoring employer described in subsection 7c77#b77;,a71 pursuant to an application filed under this section for any purpose other than to make a determination on the application2 7,b7 make any publication whereby the information furnished by any particular applicant or sponsoring employer can be identified2 or 7,c7 permit anyone other than the sworn officers and employees of the ,department of ,homeland ,security to examine individual applications4 7#b7 ,penalties for false statements in applications ,whoever files an application under this section and knowingly and willfully falsifies1 misrepresents1 conceals1 or covers up a material fact or makes any false1 fictitious1 or fraudulent statements or representations1 or makes or uses any false writing or document knowing the same to contain any false1 fictitious1 or fraudulent statement or entry1 shall be subject to section #ajja of title #ah1 ,united ,states ,code4 #c4 ,modification of ,h-#b;,a regulations ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,labor shall modify the ,secretary's regulations governing the program under section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a77 so as to ensure that aliens desiring to come temporarily to the ,united ,states to work in an agricultural labor or services occupation not of a seasonal nature are eligible to be granted authorization for employment in the ,united ,states on an annual1 rather than a seasonal1 basis under such program4