LibGuides: Immigration Law Concerning Removal Proceedings and Temporary Agricultural Workers by Anna Medrano: Statutes

Statutes for H2A

8 USC 1188
8 USC 1188 - Admission of temporary H2A workers
Conditions for approval or denial of H–2A petitions and other requirements necessary for approval of H-2A visa applicants.
Title 20: Employees' Benefits
PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES
Subpart B—Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A Workers) To provide for a limited degree of flexibility in carrying out the Secretary's responsibilities under the Immigration and Nationality Act (INA), while not deviating from statutory requirements, the OFLC Administrator has the authority to establish, continue, revise, or revoke special procedures for processing certain H-2A applications.
8 U.S. Code § 1184
8 U.S. Code § 1184 - Admission of nonimmigrants
There certain conditions that temporary workers and other non-immigrants must comply with to obtain admission into the United States.

Administrative Law Agricultural Workers

20 CFR PART 655, SUBPART B
CFR › Title 20 › Chapter V › Part 655 › Subpart B
20 CFR PART 655, SUBPART B - LABOR CERTIFICATION PROCESS FOR TEMPORARY AGRICULTURAL EMPLOYMENT IN THE UNITED STATES (H-2A WORKERS)

This has all of the administrative laws that deal with H-2A Agricultural Workers and the rules the employers must comply with to get certification.
20 CFR 655.120
20 CFR 655.120 - OFFERED WAGE RATE

To comply with its obligation under § 655.122(l), an employer must offer, advertise in its recruitment, and pay a wage that is the highest of the AEWR, the prevailing hourly wage or piece rate, the agreed-upon………….
20 CFR 655.121
20 CFR 655.121 - JOB ORDERS

Prior to filing an Application for Temporary Employment Certification, the employer must submit a job order, Form ETA-790, to the SWA serving the area of intended employment for intrastate clearance, identifying it as a job order to be placed in connection with a future Application for Temporary Employment Certification for H-2A workers. …...
20 CFR 655.122
20 CFR 655.122 - CONTENTS OF JOB OFFERS

The employer's job offer must offer to U.S. workers no less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to H-2A workers. …….
20 CFR 655.130
20 CFR 655.130 - APPLICATION FILING REQUIREMENTS.

All agricultural employers who desire to hire H-2A foreign agricultural workers must apply for a certification from the Secretary by filing an Application for Temporary Employment Certification with the NPC designated by the OFLC Administrator……...
Title 20, Part 655
Title 20: Employees' Benefits

PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES

E-CFR Title 20 Part 655 has all the determinations, processes, procedures, requirements and anything that relates to Temporary Employees. In particular Subpart N deals with the temporary Agricultural Workers (H-2A process )

Statutes for Removals

8 U.S. Code § 1229
8 U.S. Code § 1229 - Initiation of removal proceedings
In removal proceedings under section 1229a of this title, written notice (in this section referred to as a “notice to appear”) shall be given in person to the alien…….

8 U.S. Code § 1231 - Detention and removal of aliens ordered removed

Except as otherwise provided in this section, when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the “removal period”)...

8 U.S. Code § 1227
8 U.S. Code § 1227 - Deportable aliens
Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens…...
8 U.S. Code § 1228
8 U.S. Code § 1228 - Expedited removal of aliens convicted of committing aggravated felonies

The Attorney General shall provide for the availability of special removal proceedings at certain Federal, State, and local correctional facilities for aliens convicted of any criminal offense…….
8 U.S. Code § 1229a
8 U.S. Code § 1229a - Removal proceedings
An immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an alien.
8 U.S. Code § 1229b
8 U.S. Code § 1229b - Cancellation of removal; adjustment of status
(a) Cancellation of removal for certain permanent residents
The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien…...
8 U.S. Code § 1229c
8 U.S. Code § 1229c - Voluntary departure

The Attorney General may permit an alien voluntarily to depart the United States at the alien’s own expense under this subsection…….
8 U.S. Code § 1226
8 U.S. Code § 1226 - Apprehension and detention of aliens
On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States…….

Administrative Law

Title 8 Aliens and Nationality
This publication has the statutes from the authority given to the agencies to the initiation of removal proceedings through any relief that is available for immigrant.

8 CFR Part 242
8 CFR Part 242--DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
The new paragraph explains
how the Immigration and Naturalization
Service (Service) will conduct
administrative deportation proceedings
without immigration court hearings for
certain aliens convicted of aggravated
felonies in light of two recent statutory
changes…….
8 CFR PART 236
8 CFR PART 236 - APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE ALIENS; REMOVAL OF ALIENS ORDERED REMOVED

At the time of issuance of the notice to appear, or at any time thereafter and up to the time removal proceedings are completed, the respondent may be arrested and taken into custody under the authority of Form I-200, Warrant of Arrest. ……...

8 CFR PART 1239
8 CFR PART 1239 - INITIATION OF REMOVAL PROCEEDINGS
§ 1239.1 — Notice to appear.
§ 1239.2 — Cancellation of notice to appear.
§ 1239.3 — Effect of filing notice to appear.

This Statute gives the authority to initial removal proceeding of immigrants in the United States.
8 CFR 1238.1
8 CFR 1238.1 - PROCEEDINGS UNDER SECTION 238(B) OF THE ACT.

This part of the act spells out what is required for the government to issue an expedited removal deportation order against certain immigrants.
8 CFR 1003.41
8 CFR 1003.41 - EVIDENCE OF CRIMINAL CONVICTION.

There needs to be evidence of criminal conviction in any proceedings before an Immigration Judge. This part of the statute tells you what evidence can be used.
8 CFR PART 1240
8 CFR PART 1240 -- PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES

This goes through the whole removal process from beginning to Appeals. Very helpful in determining what to do in each step of the process.
Sec. 237 1/ [8 U.S.C. 1227]
IMMIGRATION AND NATIONALITY ACT \ INA: ACT 237 - GENERAL CLASSES OF DEPORTABLE ALIENS

This act establishes the different categories under which an immigrant may be deportable.
Sec. 212. [8 U.S.C. 1182]
INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY