Immigration Reform and Control Act of 1986 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for a person or other entity to: (1) hire (including through subcontractors), 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 (including the use of State employment agency documentation) an affirmative defense to any hiring or referral violation.

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 three years in the case of referral or recruitment, or the later of three years or one year after employment termination in the case of hiring.

States that nothing in this Act shall be construed to authorize a national identity card or system.

Directs the President to monitor and evaluate the verification system and implement changes as necessary within 60 days after notifying the appropriate congressional committees (within two years for a major change). Prohibits implementation of a major change unless the Congress provides funds for such purpose. Authorizes related demonstration projects of up to three years.

Limits the use of such verification system or any required identification document to enforcing this Act and not for other law enforcement purposes.

Directs the Attorney General to establish complaint and investigation procedures which shall provide for: (1) individuals and entities to file written, signed complaints regarding potential hiring violations; (2) INS investigations of complaints with substantial probability of validity; (3) Department of Justice-initiated investigations; and (4) designation of a specific INS unit to prosecute such violations.

Sets forth employer sanction provisions. Provides for a six-month period of public education during which no employment violation penalties shall be imposed.

Provides for a subsequent 12-month period during which violators shall be issued warning citations. Defers enforcement for seasonal agricultural services.

Provides, at the end of such citation period, for graduated first and subsequent-offense civil penalties, injunctive remedies, or criminal penalties (for pattern or practice violations). Subjects violators to graduated civil penalties for related paperwork violations.

Directs the Attorney General to provide notice and, upon request, an administrative hearing in the case of a disputed penalty. States that: (1) judicial review of a final administrative penalty shall be in the U.S. court of appeals; and (2) suits to collect unpaid penalties shall be filed in U.S. district courts.

Makes it unlawful for an employer to require an employee to provide any type of financial guarantee or indemnity against any potential employment liability. Subjects violators, after notice and hearing opportunity, to a civil penalty for each violation and the return of any such amounts received.

States that such employer sanction provisions preempt State and local laws.

Requires the General Accounting Office (GAO) to submit to the Congress and to a specially created task force three annual reports regarding the operation of the employer sanction program, including a determination of whether a pattern of national origin discrimination has resulted. States that if the GAO report makes such a determination: (1) the task force shall so report to the Congress; and (2) the House and the Senate shall hold hearings within 60 days.

Terminates employer sanctions 30 days after receipt of the last GAO report if: (1) GAO finds a widespread pattern of discrimination has resulted from the employer sanctions; and (2) the Congress enacts a joint resolution within such 30-day period approving such findings.

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.

Directs the Attorney General, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, to conduct a study of the use of a telephone system to verify the employment status of job applicants. Requires related congressional reports.

Directs the Comptroller General to: (1) investigate ways to reduce counterfeiting of social security account number cards; and (2) report to the appropriate congressional committees within one year.

Directs the Secretary of Health and Human Services, acting through the Social Security Administration and in cooperation with the Attorney General and the Secretary of Labor, to: (1) conduct a study of the feasibility of establishing a social security number validation system; and (2) report to the appropriate congressional committees within two years.

Makes it an unfair immigration-related employment practice for an employer of three or more persons to discriminate against any individual (other than an unauthorized alien) with respect to hiring, recruitment, firing, or referral for fee, because of such individual's origin or citizenship (or intended citizenship) status. States that it is not an unfair immigration-related employment practice to hire a U.S. citizen or national over an equally qualified alien.

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: (1) investigate complaints and determine (within 120 days) whether to bring such complaints before a specially trained administrative law judge; and (2) initiate investigations and complaints. Permits private actions if the Special Counsel does not file a complaint within such 120-day period. Sets forth related administrative provisions.

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

Part B: Improvement of Enforcement and Services - States that essential elements of the immigration control and reform program established by this Act are increased enforcement and administrative activities of the Border Patrol, the Immigration and Naturalization Service (INS), and other appropriate Federal agencies.

Authorizes increased FY 1987 and 1988 appropriations for: (1) INS; and (2) the Executive Office of Immigration Review. Obligates increased funding in FY 1987 and 1988 for the border patrol.

Directs the Attorney General, from funds appropriated to the Department of Justice for INS, to provide for improved immigration and naturalization services and for enhanced community outreach and in-service personnel training.

Authorizes additional appropriations for wage and hour enforcement.

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

Authorizes a $35,000,000 immigration emergency fund to be established in the Treasury for necessary enforcement activities and related State and local reimbursements.

Permits the owner or operator of a railroad line, international bridge, or toll road to request the Attorney General to inspect and approve measures taken to prevent aliens from illegally crossing into the United States. States that such approved measures shall be prima facie evidence of compliance with obligations under such Act to prevent illegal entries.

Expresses the sense of the Congress that the immigration laws of the United States should be vigorously enforced, while taking care to protect the rights and safety of U.S. citizens and aliens.

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.

Prohibits the adjustment of status to permanent resident for violators of (nonimmigrant) visa terms.

Title II: Legalization - Directs 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 requirement 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.

Directs 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 19th month following the grant of temporary resident status; (2) has 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. (Authorizes an exemption from such language and history requirement for individuals 65 years of age or older.)

Specifies circumstances in which the Attorney General may terminate an alien's temporary resident status. Permits travel abroad and employment during such period.

Authorizes the filing of status adjustment applications with the Attorney General or designated voluntary or governmental agencies. Directs the Attorney General to work with such agencies to: (1) disseminate program information; and (2) process aliens. Provides for the confidential treatment of application records. Establishes criminal penalties (fines, imprisonment, or both) for: (1) violations of such confidentiality; and (2) false application statements. Provides for application fees.

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 (with certain exceptions), 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 aid to the aged, blind, or disabled). 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, title IV of the Higher Education Act of 1965, the Public Health Service Act, and titles V, XVI, and XX 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.

Requires the Attorney General to disseminate information regarding the legalization program.

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.

Updates from June 30, 1948, to January 1, 1972, the registry date for permanent entry admissions records.

Authorizes FY 1988 through 1991 appropriations for State legalization impact assistance grants. Permits States to spend unused funds through FY 1994. Prohibits offsets for Medicaid and supplemental security income costs. Bases State amounts on the number of legalized aliens and related expenditures. Permits States to use such funds to reimburse public assistance, health, and education costs. Limits reimbursement to actual costs.

Title III: Reform of Legal Immigration - Part A: Temporary Agricultural Workers - Separates temporary agricultural labor from other temporary labor for purposes of nonimmigrant (H-2A visa) 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; (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; or (4) the employer has not made regional recruitment efforts in the traditional or expected labor supply.

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 the application requires perfecting; (3) the Secretary shall approve an acceptable application not later than 20 days before needed; and (4) the employer shall provide or secure housing meeting appropriate Federal, State, or local standards, including making provision for family housing for employees principally engaged in the range production of livestock.

Provides that for three years, labor certifications for specified employers shall require such an employer to hire qualified U.S. workers who apply until the end of 50 percent of the H-2A workers' contract work period. Requires the Secretary, six months before the end of such period, to consider the advisability of continuing such requirement and to issue regulations (in the absence of enacting legislation) three months before the end of such period.

States that employers shall not be liable for specified employment penalties if H-2A workers are dismissed in order to meet such 50 percent requirement.

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

Provides for expedited administrative appeals of denied certifications.

Prohibits the entry of an alien as an H-2A worker if he or she has violated a term of admission within the previous five years.

Authorizes permanent appropriations beginning with FY 1987 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 beginning in FY 1987 to enable the Secretary to make determinations and certifications.

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 program.

Establishes a special agricultural worker adjustment program. Provides for permanent resident adjustment for aliens who: (1) apply during a specified 18-month period; (2) have performed at least 90 man-days of seasonal agricultural work during the 12-month period ending May 1, 1986; and (3) are admissible as immigrants. Sets forth adjustment dates based upon periods of work performed in the United States. Authorizes travel and employment during such temporary residence period.

Authorizes applications to be made inside the United States with the Attorney General or designated entities and outside the United States through consular offices. Provides for confidentiality and limited access to such information. Establishes criminal penalties for false application information, and makes an alien so convicted inadmissible for U.S. entry.

Exempts such admissions from numerical entry limitations.

Permits waiver of exclusion (except for specified criminal, drug offense, public charge, Nazi persecution, and national security grounds) for humanitarian or family purposes, or when in the national interest.

Provides for a temporary stay of exclusion or deportation (and authority to work) for apprehended aliens who are able to establish a nonfrivolous claim for status adjustment.

Provides for a single level of administrative appellate review of such status adjustment applications. Limits such review of the order of exclusion or deportation.

Defines "seasonal agricultural services" as the performance of field work related to growing fruits and vegetables of every kind and other perishable commodities as defined in regulations by the Secretary of Agriculture.

Directs the Secretaries of Agriculture and of Labor, jointly before each fiscal year (beginning in FY 1990 and ending in FY 1993) to determine whether additional special agricultural workers should be admitted because of a shortage of such workers in the United States. Sets forth factors to be considered in making such determinations.

Authorizes associations and groups of employers to request additional admissions due to emergency or unforeseen circumstances. Authorizes groups of special agricultural workers to request decreased admissions due to worker oversupply. Requires the Secretaries to make request determinations within 21 days.

Sets forth numerical limitations for such admissions beginning with FY 1990.

Provides for the deportation of newly admitted special agricultural workers who do not perform 60 man-days of seasonal agricultural work in each of the first two years after entry. Prohibits naturalization of such workers unless they have performed 60 man-days of such work in each of five fiscal years.

Treats temporary agricultural workers and special agricultural workers as "eligible legalized aliens" for purposes of Federal assistance to State and local entities for specified costs associated with such workers during their first five years in the United States.

Establishes a 12-member Commission on Agricultural Workers to review the special agricultural worker provisions, the impact of the legalization and employer sanctions on agricultural labor, and other aspects of agricultural labor. Requires a report to the Congress within five years. Authorizes appropriations. Terminates the Commission at the end of the 63-month period beginning with the month after the month of enactment of this Act.

States that specified agricultural workers shall be eligible for legal assistance under the Legal Service Corporation Act.

Part B: Other Changes in the Immigration Law - Increases the annual colonial quota from 600 visas to 5,000 visas.

Includes within the definition of "special immigrant": (1) unmarried sons and daughters and surviving spouses of employees of certain international organizations; and (2) specified retirees of such organizations ("I" status) and their spouses.

Grants nonimmigrant status to: (1) parents of children receiving "I" status while they are minors; and (2) other children of such parents or a surviving "I" status spouse.

Authorizes the three-year pilot visa waiver program for up to eight countries providing similar benefits to U.S. visitors. Requires such visitors to the United States to: (1) have a nonrefundable roundtrip ticket; and (2) stay in the United States for not more than 90 days.

Authorizes an additional 5000 nonpreference visas in each of FY 1987 and 1988 with preference being given to nationals of countries who were adversely affected by Public Law 89-236 (1965 immigration amendments).

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.

Prohibits for one year the admission of nonimmigrant alien crew members to perform services during a strike against the employer for whom such aliens intend to work.

Title IV: Reports - Directs the President to transmit to the Congress: (1) not later than January 1, 1989, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report; and (2) annual reports for three years on unauthorized alien employment and the temporary agricultural worker (H-2A) program.

Directs the Attorney General and the Secretary of State to jointly monitor the visa waiver program established by this Act, and report to the Congress within two years.

Directs the President to submit to the Congress an initial and a second report (three years after the first report) on the impact of the legalization program.

Directs the Attorney General to report to the Congress within 90 days regarding necessary improvements for INS.

Expresses the sense of the Congress that the President should consult with the President of Mexico within 90 days regarding the implementation of this Act and its possible effect on the United States or Mexico.

Title V: State Assistance for Incarceration Costs of Illegal Aliens and Certain Cuban Nationals - Directs the Attorney General to reimburse States for the costs incurred in incarcerating certain illegal aliens and Cuban nationals convicted of felonies. Authorizes appropriations.

Title VI: Commission for the Study of International Migration and Cooperative Economic Development - Establishes a 12-member Commission for the Study of International Migration and Cooperative Economic Development to examine, in consultation with Mexico and other Western Hemisphere sending countries, conditions which contribute to unauthorized migration to the United States and trade and investment programs to alleviate such conditions. Requires a report to the President and to the Congress within three years. Terminates the Commission upon filing of such report, except that the Commission may function for up to 30 additional days to conclude its affairs.

Title VII: Federal Responsibility for Deportable and Excludable Aliens Convicted of Crimes - Provides for the expeditious deportation of aliens convicted of crimes.

Provides for the identification of Department of Defense facilities that could be made available to incarcerate deportable or excludable aliens.

Immigration Control and Legalization Amendments Act of 1986 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for a person or other entity to: (1) hire (including through subcontractors), 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.

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.

States that nothing in this Act shall be construed to authorize a national identity card or system.

Sets forth employer sanction provisions. Provides for a six-month period of public education during which no employment violation penalties shall be imposed.

Provides for a subsequent 12-month period during which violators shall be issued warning citations.

Provides, at the end of such citation period, for graduated first and subsequent-offense civil penalties, injunctive remedies, or criminal penalties (for pattern or practice violations). Subjects violators to graduated civil penalties for related paperwork violations.

Directs the Attorney General to provide notice and, upon request, an administrative hearing in the case of a disputed penalty. States that: (1) judicial review of a final administrative penalty shall be in the U.S. court of appeals; and (2) suits to collect unpaid penalties shall be filed in U.S. district courts.

Makes it unlawful for an employer to require an employee to provide any type of financial guarantee or indemnity against any potential employment liability. Subjects violators, after notice and hearing opportunity, to a civil penalty for each violation and the return of any such amounts received.

States that such employer sanction provisions preempt State and local laws.

Makes it an unfair immigration-related employment practice for an employer of four or more persons to discriminate against any individual (other than an unauthorized alien) with respect to hiring, recruitment or referral for fee, because of such individual's origin or citizenship (or intended 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: (1) investigate complaints and determine (within 120 days) whether to bring such complaints before a specially trained administrative law judge; and (2) initiate investigations and complaints. Permits private actions if the Special Counsel does not file a complaint within such 120-day period. Sets forth related administrative provisions.

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 and ending six years later.

Makes it illegal to fraudulently misuse or manufacture entry or work documents (up to a $5,000 fine or two years' imprisonment or both).

Provides for a study on the use of a telephone verification system for determining alien employment eligibility. Requires a report to the Congress.

States that is is not an unfair immigration related employment practice to hire a U.S. citizen or national over an equally qualified alien.

Part B: Improvement of Enforcement and Services - States that essential elements of the immigration control and reform program established by this Act are increased enforcement and administrative activities of the Border Patrol, the Immigration and Naturalization Service (INS), and other appropriate Federal agencies.

Authorizes increased FY 1986 and 1987 appropriations for: (1) INS; and (2) the Executive Office of Immigration Review. Directs the Attorney General, from funds appropriated to the Department of Justice for INS, to provide for improved immigration and naturalization services and for enhanced community outreach and in-service personnel training.

Directs the Attorney General to report to the appropriate congressional committees within six months regarding the INS's data processing requirements.

Increases FY 1987 through 1989 authorizations of appropriations for additional border patrol personnel. Sets forth related equipment acquisition requirements. Prohibits any such acquisitions without the approval of the Administrator of General Services.

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.

Amends the Immigration and Nationality Act to permit the owner or operator of a railroad line, international bridge, or toll road to request the Attorney General to inspect and approve measures taken to prevent aliens from illegally crossing into the United States. States that such approved measures shall be prima facie evidence of compliance with obligations under such Act to prevent illegal entries.

Expresses the sense of the Congress that the immigration laws of the United States should be vigorously enforced, while taking care to protect the rights and safety of U.S. citizens and aliens.

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.

Part C: Verification of Status Under Certain Programs - Requires States to verify the immigration status of aliens applying for the following benefits: (1) aid to families with dependent children, medicaid, unemployment compensation, food stamps, and supplemental security income under the Social Security Act; (2) specified housing assistance under the Housing and Community Development Act of 1980; and (3) title IV educational assistance under the Higher Education Act of 1965.

Provides an opportunity for the alien applicant to submit status evidence without denial or termination of benefits until such evidence has been verified.

Provides States with full reimbursement for implementing and operating such verification programs.

Requires: (1) INS program implementation by October 1, 1987; and (2) State implementation by October 1, 1988.

Authorizes appropriations.

Requires the Comptroller General to report to the Congress regarding the current verification pilot projects and the implementation of the verification system under this Part.

Title II: Legalization - Directs 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 requirement 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.

Directs 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) has 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. (Authorizes an exemption from such language and history requirement for individuals 65 years of age or older.)

Specifies circumstances in which the Attorney General may terminate an alien's temporary resident status. Permits travel abroad and employment during such period.

Authorizes the filing of status adjustment applications with the Attorney General or designated voluntary or governmental agencies. Directs the Attorney General to work with such agencies to: (1) disseminate program information; and (2) process aliens. Provides for the confidential treatment of application records. Establishes criminal penalties (fines, imprisonment, or both) for: (1) violations of such confidentiality; and (2) false application statements. Provides for application fees.

Waives numerical limitations, labor certification, and other specified entry violations for such plans. 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 (with certain exceptions), 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 aid to the aged, blind, or disabled). 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, title IV of the Higher Education Act of 1965, the Public Health Service Act, and titles V, XVI, and XX 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.

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

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.

Updates from June 30, 1948, to January 1, 1976, the registry date for permanent entry admissions records.

Authorizes FY 1987 through 1991 appropriations for State legalization impact assistance grants. Directs the Secretary, subject to appropriated funds, to provide States with: (1) full reimbursement for public assistance provided to eligible legalized aliens; and (2) payments for educational services to such aliens.

Title III: Reform of Legal Immigration - Part A: Temporary Agricultural Workers - Separates temporary agricultural labor from other temporary labor for purposes of nonimmigrant (H-2A visa) 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; (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; or (4) the employer has not made regional recruitment efforts in the traditional or expected labor supply.

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 the application requires perfecting; (3) the Secretary shall approve an acceptable application not later than 20 days before needed; and (4) the employer shall provide or secure housing meeting appropriate Federal, State, or local standards, including making provision for family housing for employees principally engaged in the range production of livestock.

Provides that for three years, labor certifications for specified employers shall require such an employer to hire qualified U.S. workers who apply until the end of 50 percent of the H-2A workers' contract work period. Requires the Secretary, six months before the end of such period, to consider the advisability of continuing such requirement and to issue regulations (in the absence of enacting legislation) three months before the end of such period.

States that employers shall not be liable for specified employment penalties if H-2A workers are dismissed in order to meet such 50 percent requirement.

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

Provides for expedited administrative appeals of denied certifications.

Prohibits the entry of an alien as an H-2A worker if he or she has violated a term of admission within the previous five years.

Authorizes permanent appropriations beginning with FY 1987 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 beginning in FY 1987 to enable the Secretary to make determinations and certifications.

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 program.

Establishes a special agricultural worker adjustment program. Provides for permanent resident adjustment for aliens who: (1) apply during a specified 18-month period; (2) have performed at least 90 man-days of seasonal agricultural work during the 12-month period ending May 1, 1986; and (3) are admissible as immigrants. Sets forth adjustment dates based upon periods of work performed in the United States. Authorizes travel and employment during such temporary residence period.

Authorizes applications to be made inside the United States with the Attorney General or designated entities and outside the United States through consular offices. Provides for confidentiality and limited access to such information. Establishes criminal penalties for false application information, and makes an alien so convicted inadmissible for U.S. entry.

Exempts such admissions from numerical entry limitations.

Permits waiver of exclusion (except for specified criminal, drug offense, public charge, Nazi persecution, and national security grounds) for humanitarian or family purposes, or when in the national interest.

Provides for a temporary stay of exclusion or deportation (and authority to work) for apprehended aliens who are able to establish a nonfrivolous claim for status adjustment.

Provides for a single level of administrative appellate review of such status adjustment applications. Limits such review of the order of exclusion or deportation.

Defines "seasonal agricultural services" as the performance of field work related to growing fruits and vegetables of every kind and other perishable commodities as defined in regulations by the Secretary of Agriculture.

Directs the Secretaries of Agriculture and of Labor, jointly before each fiscal year (beginning in FY 1990 and ending in FY 1993) to determine whether additional special agricultural workers should be admitted because of a shortage of such workers in the United States. Sets forth factors to be considered in making such determinations.

Authorizes associations and groups of employers to request additional admissions due to emergency or unforeseen circumstances. Authorizes groups of special agricultural workers to request decreased admissions due to worker oversupply. Requires the Secretaries to make request determinations within 21 days.

Sets forth numerical limitations for such admissions beginning with FY 1990.

Provides for the deportation of newly admitted special agricultural workers who do not perform 60 man-days of seasonal agricultural work in each of the first two years after entry. Prohibits naturalization of such workers unless they have performed 60 man-days of such work in each of five fiscal years.

Treats temporary agricultural workers and special agricultural workers as "eligible legalized aliens" for purposes of Federal assistance to State and local entities for specified costs associated with such workers during their first five years in the United States.

Establishes a 12-member Commission on Agricultural Workers to review the special agricultural worker provisions, the impact of the legalization and employer sanctions on agricultural labor, and other aspects of agricultural labor. Requires a report to the Congress within five years. Authorizes appropriations. Terminates the Commission at the end of the 63-month period beginning with the month after the month of enactment of this Act.

States that specified agricultural workers shall be eligible for legal assistance under the Legal Service Corporation Act.

Part B: Other Changes in the Immigration Law - Increases the annual colonial quota from 600 visas to 5,000 visas.

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 within the definition of "special immigrant": (1) unmarried sons and daughters and surviving spouses of employees of certain international organizations; and (2) specified retirees of such organizations ("I" status) and their spouses.

Grants nonimmigrant status to: (1) parents of children receiving "I" status while they are minors; and (2) other children of such parents or a surviving "I" status spouse.

Authorizes the three-year pilot visa waiver program for up to eight countries providing similar benefits to U.S. visitors. Requires such visitors to the United States to: (1) have a nonrefundable roundtrip ticket; and (2) stay in the United States for not more than 90 days.

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.

Authorizes additional immigrant visas for natives of certain countries based on immigration from such countries during the ten-fiscal year period beginning July 1, 1955.

Title IV: Reports to Congress - Directs 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; and (3) 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.

Directs the President to make two reports to the Congress on the legalization program established by this Act.

Directs the Attorney General and the Secretary of State to jointly monitor the visa waiver program established by this Act, and report to the Congress within two years.

Directs the Attorney General to report to the Congress within 90 days regarding INS resources.

Provides for a feasibility study of a social security number validation system.

Authorizes the President to negotiate with the Government of Mexico for the establishment of a free-trade and co-production border zone as a first step to achieving a U.S.-Mexico free-trade area. Requires a report to the Congress.

Title V: State and Local Assistance for Incarceration Costs of Illegal Aliens and Certain Cuban Nationals - Directs the Attorney General to reimburse States and local jurisdictions for the costs incurred in incarcerating illegal aliens and Cuban nationals. Authorizes appropriations.

Title VI: Commission on International Migration and Development - Establishes a National Commission on International Migration and Development to conduct studies and report to the Congress regarding: (1) conditions in sending countries; and (2) trade and investment programs to alleviate such conditions. Requires annual reports to the Congress. Authorizes appropriations. Terminates such Commission 30 days after the end of the three year period beginning on the date the majority of the Commission members are appointed.

Title VII: National Commission on Immigration - Establishes a National Commission on Immigration to conduct studies and report to the Congress regarding: (1) factors influencing illegal immigration and reciprocal trade and economic programs with Latin America; (2) employment of unauthorized aliens; (3) agricultural reliance on unauthorized workers; and (4) immigrant visa backlogs. Requires a report to the Congress within three years. Terminates such Commission 30 days after submission of such report. Authorizes appropriations.

Title VIII: Investigation, Review, and Temporary Limitation on Deportation of Displaced Salvadorans and Nicaraguans - Part A: GAO Investigation and Report - Requires the Comptroller General to begin an investigation within 60 days concerning displaced nationals of El Salvador and Nicaragua. Requires a report to the Congress within one year.

Part B: Congressional Review - Provides for the referral of such report to the appropriate congressional committees for committee hearings and committee reports.

Part C: Temporary Stay of Deportation - Provides for a temporary stay of detention and deportation for certain nationals of El Salvador or Nicaragua.

Title IX: Federal Responsibility for Deportable and Excludable Aliens Convicted of Crimes - Provides for expeditious deportation of aliens convicted of crimes and for the transfer of aliens convicted of certain drug crimes from State and local prisons to Federal prisons.

Provides for the identification of Department of Defense facilities that could be made available to incarcerate deportable or excludable aliens.

Immigration Reform and Control Act of 1985 - Title I: Control of Illegal Immigration - Part A: Funding for Improved Enforcement - Expresses the sense of the Congress that resources should be increased for: (1) border patrol and other enforcement activities; and (2) examinations and other Immigration and Naturalization Service (INS) activities.

Amends the Immigration and Nationality Act to authorize FY 1987 and 1988 INS appropriations.

Expresses the sense of the Congress that: (1) U.S. immigration laws should be vigorously and uniformly enforced; and (2) in so doing the rights and safety of U.S. citizens and aliens should be safeguarded.

Authorizes additional appropriations to the Department of Labor for enforcement activities of the Wage and Hour Division and the Office of Contract Compliance.

Part B: Increased Penalties for Immigration-Related Violations - Makes it unlawful to: (1) bring or induce an alien to enter into the United States knowing, or in reckless disregard of the fact, that such alien has not received prior entry authorization, or to conceal or transport such alien within the United States; and (2) fraudulently misuse or manufacture entry or work documents.

Prohibits the adjustment of status to permanent resident for violators of (nonimmigrant) visa terms.

Part C: Control of Unauthorized Employment of Aliens - Makes it unlawful for a person to knowingly hire, maintain in his or her employment, or refer or recruit for a fee any alien not authorized to work. Makes compliance with the verification procedure set forth in this Act an affirmative defense to any unlawful hiring charge. Establishes a presumption of noncompliance for employers and recruiters (of four or more employees or recruitees) who do not follow such verification procedure.

Sets forth such verification system. Requires an employer of four or more persons to attest, under penalty of perjury, that he or she has examined an employee's identification and work authorization papers. Requires an employee to attest, under penalty of perjury, to his or her citizenship or legal work status. Requires an employer to keep verification forms for: (1) three years in the case of referral or recruitment; or (2) the later of three years or one year after employment termination in the case of hiring.

Directs the President to monitor and evaluate the verification system and implement changes as necessary within 60 days after notifying the appropriate congressional committees (within two years for a major change). Prohibits implementation of a major change unless the Congress provides funds for such purpose. Authorizes related demonstration projects of up to three years.

Limits the use of such verification system or any required identification document to enforcing this Act and not for other law enforcement purposes.

Directs the Attorney General to establish complaint and investigation procedures which shall provide for: (1) individuals and entities to file written, signed complaints regarding potential hiring violations; (2) INS investigations of complaints with substantial probability of validity; (3) Department of Justice-initiated investigations; and (4) designation of a specific INS unit to prosecute such violations.

Sets forth graduated civil, equitable, and criminal penalties for subsequent pattern or practice violations. Authorizes administrative appellate review. Sets forth provisions regarding judicial review of orders (similar to deportation review except as provided for by this Act). Provides for the enforcement of orders in U.S. district court.

Requires that during the first year the Attorney General, in cooperation with the Secretaries of Commerce, Agriculture, Health and Human Services, Labor, and the Treasury, and the Administrator of the Small Business Administration, shall disseminate hiring and verification program information to employers, employees, and the public.

Provides that during the first six months notice will be given of apparent program violations and during the subsequent six months the first apparent offense will result only in a warning.

Directs the Attorney General, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, to conduct a study of the use of a telephone system to verify the employment status of job applicants. Requires related congressional reports.

Directs the Comptroller General to: (1) investigate ways to reduce counterfeiting of social security account number cards; and (2) report to the appropriate congressional committees within one year.

Separates temporary agricultural labor ("N" visa) from other temporary labor ("H" visa) for purposes of nonimmigrant worker provisions.

Requires an employer "N"-visa worker petition to certify (from the Department of Labor) that: (1) there are not enough eligible individuals for the job; and (2) the wages of similarly employed eligible individuals will not be adversely affected.

Permits the Secretary of Labor to charge application fees.

Prohibits the Secretary from approving a petition: (1) if the job is open because of a strike or lock-out; (2) if the employer has violated previous certification terms within the past two years (certification denial of not more than one year for any such violation); or (3) unless the employer provides assurance of adequate benefit coverage for such workers.

Provides with regard to such "N"-workers that: (1) employers need not submit such petition more than 65 days in advance of need; (2) the Secretary must notify an employer if there is a petition error within 14 days; (3) the Secretary must decide on a petition within 20 days of need; (4) producer associations may file such petitions; and (5) the Secretary shall establish expedited procedures for review of denied petitions or de novo administrative hearings.

States that the Attorney General shall determine the aggregate period of an "N"-worker's visa. Permits stays exceeding one year based on previous employment practices.

Disqualifies from such program an alien who within the past five years has violated a condition of a previous temporary worker admission.

Authorizes the transfer of such workers among employers.

Authorizes appropriations beginning with FY 1987 to recruit domestic workers and monitor such program.

Prohibits such alien workers (other than immediate relatives of U.S. citizens) from adjusting to permanent resident status. Permits: (1) employers to provide a housing allowance rather than actual housing for such workers for up to three and one-half years from the date of enactment of this Act; and (2) a one-year extension of such housing requirement at the Attorney General's discretion.

Makes such "N" visa provisions effective seven months after enactment of this Act.

Directs the Attorney General in consultation with the Secretaries of Agriculture and Labor to approve program regulations.

Establishes a three-year agricultural labor transition program whereby certain undocumented seasonal agricultural workers may continue to be employed. Reduces the number of such workers by one-third during each of the three years. Prohibits such workers from being used to replace legal workers.

States that such workers shall be covered by all Federal and State employment laws governing migrant and seasonal agricultural workers.

Provides that an undocumented alien in the United States shall be eligible to be a transitional worker if he or she was employed as a U.S. agricultural worker: (1) as of the date of enactment of this Act; or (2) for at least 90 days during a period of time after January 1, 1980, and the date of enactment of this Act.

Prohibits such workers (other than immediate relatives of U.S. citizens) from adjusting to permanent resident status. Permits such workers to legalize their status under the provisions of title II of this Act.

Requires a participating employer to: (1) notify the Attorney General of his or her intention to participate in the program within 12 months of its start; (2) provide information as the Attorney General requests regarding his or her past or future needs for such workers, including numbers of such workers employed.

Authorizes program fees.

Establishes a 12-member temporary agricultural worker commission to review and report to the Congress within two years on U.S. agricultural workers. Authorizes appropriations. Terminates such commission 27 months after the effective date provided for by this Act.

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 work in perishable commodities (O visa).

Directs the Attorney General, in consultation with the Secretaries of Agriculture and of Labor, to establish an admissions program for such workers. Requires such program to provide for monthly and regional (up to ten unemployment regions) numerical limitations (with permitted increases under extraordinary circumstances). Limits the annual length of stay to nine months. Caps at 350,000 for the first three years the number of such workers at any one time in the United States.

Allocates a portion of program visas to Caribbean Basin Countries.

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

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

Authorizes appropriations beginning with FY 1986 for: (1) the Secretary of Labor to recruit domestic workers and monitor such programs; and (2) the Secretary of Agriculture's responsibilities under such programs.

Expresses the sense of the Congress that the President should establish an advisory commission to consult with the governments of Mexico and other appropriate countries and advise the Attorney General regarding the operation of the seasonal agricultural worker program.

Part D: Immigration Emergency Revolving Fund - Authorizes a $35,000,000 immigration emergency fund to be established in the Treasury for necessary enforcement activities and related State and local reimbursements.

Title II: Legalization of Status - Establishes a nine-member Select Commission on Legalization to monitor and review: (1) the border patrol and other Federal enforcement programs; and (2) Federal programs aimed at curtailing the employment of unauthorized aliens. Requires annual reports to the Congress beginning within one year after a majority of the Commission's members are appointed. Terminates such Commission upon the effective date of the legalization program, except that it may continue to function for up to 90 days in order to conclude its activities.

Authorizes temporary resident status for: (1) aliens who entered the United States illegally, or were out of visa status since before January 1, 1980, and who have resided continuously in the United States since such date; or (2) Cuban/Haitian entrants granted special status (as defined by this Act) who have resided continuously in the United States since October 14, 1981.

Requires an alien who was a nonimmigrant exchange alien ("J") visa to establish that he or she has satisfied the two-year foreign residence requirement in order to qualify for such legalization program.

Authorizes persons granted such temporary status to adjust to permanent resident status three years after receiving temporary status. Requires: (1) a demonstration of basic citizenship skills; and (2) application for permanent residence during the 12-month period beginning 30 months after receipt of temporary resident status. Provides for termination of temporary resident status if application for permanent residence has not been made within 42 months.

Requires aliens to apply for temporary legalization status within a 12-month period beginning 90 days after such program becomes effective.

Permits such temporary residents to: (1) travel abroad; and (2) work in the United States.

Authorizes the use of qualified organizations approved by the Attorney General to assist in program implementation and outreach.

Provides penalties for false application statements.

Establishes a legalization fee of at least $100. Requires that corroborated employment information be submitted with the legalization application.

Prohibits legalization of an alien who: (1) has been convicted of a felony or three or more misdemeanors in the United States; (2) has been convicted of a crime of moral turpitude or a drug offense other than possession of less than 30 grams of marijuana; (3) is a threat to the security or welfare of the United States; or (4) has assisted in political, religious, or racial persecution, including the Nazi persecutions.

Prohibits the deportation of an alien who has submitted an application for temporary resident status which establishes a prima facie case of eligibility until a final administrative determination has been made. Authorizes an alien to work during such period.

Limits administrative and judicial review with regard to such legalization program.

Provides that with the exception of special Cuban/Haitian entrants, aliens granted lawful resident status (temporary and permanent) shall be ineligible for six years for federally-funded public assistance based on financial need. Authorizes States and local governments to issue similar public assistance prohibitions.

Directs the Attorney General, in cooperation with designated agencies and the Secretary of Labor, to disseminate program information.

Authorizes specified appropriations for six fiscal years for reimbursement of State legislation costs. Bases State distribution on the number of eligible aliens applying for assistance.

Requires States to: (1) submit annual program reports to the Secretary of Health and Human Services; and (2) repay all unused funds.

Requires the Secretary of Health and Human Services to report annually to the Congress regarding such impact assistance grants, and transmit a copy of such report to each State.

Title III: Other Changes in the Immigration Law - Increases the number of available colonial visas from 600 to 5,000 per year.

Authorizes the three-year pilot visa waiver program for up to eight countries providing similar benefits to U.S. visitors. Requires such visitors to the United States to: (1) have a nonrefundable roundtrip ticket; and (2) stay in the United States for not more than 90 days. Requires an automated data arrival and departure system to be operational before such visa waiver program may begin.

Expresses the sense of the Senate that such program will achieve highly desirable goals which are in the national interest.

Includes within the definition of "special immigrant" unmarried sons and daughters and surviving spouses of employees of certain international organizations ("I" status).

Grants nonimmigrant status to: (1) parents and children receiving "I" status while they are minors; and (2) other children of such parents or a surviving "I" status spouse.

Amends the Social Security Act to require States to verify the immigration status of aliens applying for Medicaid, unemployment compensation, food stamps, aid to families with dependent children (AFDC), and supplemental security income (SSI). Denies or terminates such benefits to an ineligible alien. Requires INS to have such a verification system available for State use by October 1, 1987. Provides for 90 percent Federal matching funds to States for the non-labor costs of implementing and operating such system. Authorizes appropriations for the INS to carry out such requirements.

Requires INS agents to obtain a properly executed search warrant before entering a farm or other agricultural operation.

Title IV: Reports - Directs the President to transmit to the Congress: (1) not later than January 1, 1987, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report; and (2) annual reports for three years on unauthorized alien employment and discrimination in employment.

Directs the Comptroller General to report annually for three years to the Congress and to the task force (as provided for by this Act) on the impact of the employer sanctions program. Terminates employer sanctions if: (1) the Comptroller General determines that a pattern of discrimination has developed as a result of such sanctions; and (2) both House of Congress enact a joint resolution within 30 days of approving the Comptroller General's report.

Directs the Attorney General, jointly with the Chairman of the Commission on Civil Rights and the Chairman of the Equal Employment Opportunity Commission, to establish a task force to review the Comptroller's report.

Directs the Attorney General and the Secretary of State to jointly monitor the pilot visa waiver program and report to the Congress within two years.

Directs the President to submit to the Congress an initial and a second report (three years after the first report) on the impact of the legalization program.

Directs the Attorney General to report to the Congress within 90 days regarding necessary improvements for INS.

Expresses the sense of the Congress that the President should consult with the President of Mexico within 90 days regarding the implementation of this Act and its possible effect on the United States or Mexico.

Title V: Commission for the Study of Cooperative United States-Mexican Endeavors to Improve Economic Conditions - Establishes the 12-member Commission for the Study of Cooperative United States-Mexican Endeavors to Improve Economic Conditions to examine how the United States and Mexico can work together to improve the economies of the two nations. Requires a report to the President and to the Congress within 180 days. Terminates the Commission upon the date such report is due, except that it may continue to function for up to 30 days longer in order to conclude its activities.

Title VI: Miscellaneous Provisions - States it to be the sense of the Congress that the English language is the official language of the United States.

Expresses the sense of the Senate that the 60-cent per gallon tariff on imported ethanol should be immediately implemented.

Requires Federal reimbursement to States for the costs of incarcerating in State prisons illegal aliens and Marielito Cubans convicted of felonies.

Terminates the seasonal agricultural worker program after three years unless both Houses of the Congress enact a joint resolution of approval within 90 days of the due date for submission of the temporary agricultural worker program report.

Immigration Reform and Control Act of 1985 - Title I: Control of Illegal Immigration - Part A: Funding for Improved Enforcement - Expresses the sense of the Congress that resources should be increased for: (1) border patrol and other enforcement activities; and (2) examinations and other Immigration and Naturalization Service (INS) service activities.

Amends the Immigration and Nationality Act to authorize FY 1987 and 1988 INS appropriations.

Expresses the sense of the Congress that: (1) U.S. immigration laws should be vigorously and uniformly enforced; and (2) in so doing the rights and safety of U.S. citizens and aliens should be safeguarded.

Authorizes additional appropriations to the Department of Labor for enforcement activities of the Wage and Hour Division and the Office of Contract Compliance.

Authorizes alien user fees with respect to INS facilities and services.

Part B: Increased Penalties for Immigration-Related Violations - Makes it unlawful to: (1) bring or induce an alien to enter into the United States knowing, or in reckless disregard of the fact, that such alien has not received prior entry authorization, or to conceal or transport such alien within the United States; and (2) fraudulently misuse or manufacture entry or work documents.

Prohibits the adjustment of status to permanent resident for violators of (nonimmigrant) visa terms.

Part C: Control of Unauthorized Employment of Aliens - Makes it unlawful for a person to knowingly hire, maintain in his or her employment, or refer or recruit for a fee any alien not authorized to work. Makes compliance with the verification procedure set forth in this Act an affirmative defense to any unlawful hiring change. Establishes a presumption of noncompliance for employers and recruiters (of four or more employees or recruitees) who do not follow such verification procedure.

Sets forth such verification system. Requires an employer of four or more persons to attest, under penalty of perjury, that he or she has examined an employee's identification and work authorization papers. Requires an employee to attest, under penalty of perjury, to his or her citizenship or legal work status. Requires an employer to keep verification forms for: (1) three years in the case of referral or recruitment; or (2) the later of three years or one year after employment termination in the case of hiring.

Directs the President to monitor and evaluate the verification system and implement changes as necessary within 60 days after notifying the appropriate congressional committees (within two years for a major change). Prohibits implementation of a major change unless the Congress provides funds for such purpose. Authorizes related demonstration projects of up to three years.

Limits the use of such verification system or any required identification document to enforcing this Act and not for other law enforcement purposes.

Directs the Attorney General to establish complaint and investigation procedures which shall provide for: (1) individuals and entities to file written, signed complaints regarding potential hiring violations; (2) INS investigations of complaints with substantial probability of validity; (3) Department of Justice-initiated investigations; and (4) designation of a specific INS unit to prosecute such violations.

Sets forth graduated civil, equitable, and criminal penalties for subsequent pattern or practice violations. Authorizes administrative appellate review. Sets forth provisions regarding judicial review of orders (similar to deportation review except as provided for by this Act). Provides for the enforcement of orders in U.S. district court.

Requires that during the first year the Attorney General, in cooperation with the Secretaries of Commerce, Agriculture, Health and Human Services, Labor, and the Treasury, and the Administrator of the Small Business Administration, shall disseminate hiring and verification program information to employers, employees, and the public.

Provides that during the first six months notice will be given of apparent program violations and during the subsequent six months the first apparent offense will result only in a warning.

Separates temporary agricultural labor ("N" visa) from other temporary labor ("H" visa) for purposes of nonimmigrant worker provisions.

Requires an employer "N"-visa worker petition to certify (from the Department of Labor) that: (1) there are not enough eligible individuals for the job; and (2) the wages of similarly employed eligible individuals will not be adversely affected.

Permits the Secretary of Labor to charge application fees.

Prohibits the Secretary from approving a petition: (1) if the job is open because of a strike or lock-out; (2) if the employer has violated previous certification terms within the past two years (certification denial of not more than one year for any such violation); or (3) unless the employer provides assurance of adequate benefit coverage for such workers.

Provides with regard to such "N"-workers that: (1) employers need not submit such petition more than 65 days in advance of need; (2) the Secretary must notify an employer if there is a petition error within 14 days; (3) the Secretary must decide on a petition within 20 days of need; (4) producer associations may file such petitions; and (5) the Secretary shall establish expedited procedures for review of denied petitions or de novo administrative hearings.

States that the Attorney General shall determine the aggregate period of an "N"-worker's visa. Permits stays exceeding one year based on previous employment practices.

Disqualifies from such program an alien who within the past five years has violated a condition of a previous temporary worker admission.

Authorizes the transfer of such workers among employers.

Authorizes appropriations beginning with FY 1987 to recruit domestic workers and monitor such program.

Prohibits such alien workers (other than immediate relatives of U.S. citizens) from adjusting to permanent resident status.

Makes such "N" visa provisions effective seven months after enactment of this Act.

Directs the Attorney General in consultation with the Secretaries of Agriculture and Labor to approve program regulations.

Establishes a three-year agricultural labor transition program whereby certain undocumented seasonal agricultural workers may continue to be employed. Reduces the number of such workers by one-third during each of the three years. Prohibits such workers from being used to replace legal workers.

States that such workers shall be covered by all Federal and State employment laws governing migrant and seasonal agricultural workers.

Provides that an undocumented alien in the United States shall be eligible to be a transitional worker if he or she was employed as a U.S. agricultural worker: (1) as of the date of enactment of this Act; or (2) for at least 90 days during a period of time after January 1, 1980, and the date of enactment of this Act.

Prohibits such workers (other than immediate relatives of U.S. citizens) from adjusting to permanent resident status. Permits such workers to legalize their status under the provisions of title II of this Act.

Requires a participating employer to: (1) notify the Attorney General of his or her intention to participate in the program within 12 months of its start; (2) provide information as the Attorney General requests regarding his or her past or future needs for such workers, including numbers of such workers employed.

Authorizes program fees.

Establishes a 12-member temporary agricultural worker commission to review and report to the Congress within two years on U.S. agricultural workers. Authorizes appropriations. Terminates such commission 27 months after the effective date provided for by this Act.

Title II: Legalization of Status - Establishes a nine-member Select Commission on Legalization to monitor and review: (1) the border patrol and other Federal enforcement programs; and (2) Federal programs aimed at curtailing the employment of unauthorized aliens. Requires annual reports to the Congress beginning within one year after a majority of the Commission's members are appointed. Terminates such Commission upon the effective date of the legalization program, except that it may continue to function for up to 90 days in order to conclude its activities.

Authorizes temporary resident status for: (1) aliens who entered the United States illegally, or were out of visa status since before January 1, 1980, and who have resided continuously in the United States since such date; or (2) Cuban/Haitian entrants granted special status (as defined by this Act) who have resided continuously in the United States since December 31, 1980.

Requires an alien who was a nonimmigrant exchange alien ("J") visa to establish that he or she has satisfied the two-year foreign residence rquirement in order to qualify for such legization program.

Authorizes persons granted such temporary status to adjust to permanent resident status three years after receiving temporary status. Requires: (1) a demonstration of basic citizenship skills; and (2) application for permanent residence during the 12-month period beginning 30 months after receipt of temporary resident status. Provides for termination of temporary resident status if application for permanent residence has not been made within 42 months.

Requires aliens to apply for temporary legalization status within a 12-month period beginning 90 days after such program becomes effective.

Permits such temporary residents to: (1) travel abroad; and (2) work in the United States.

Authorizes the use of qualified organizations approved by the Attorney General to assist in program implementation and outreach.

Provides penalties for false application statements.

Establishes a legalization fee of at least $100. Requires that corroborated employment information be submitted with the legalization application.

Prohibits legalization of an alien who: (1) has been convicted of a felony or three or more misdemeanors in the United States; (2) has been convicted of a crime of moral turpitude or a drug offense other than possession of less than 30 grams of marijuana; (3) is a threat to the security or welfare of the United States; or (4) has assisted in political, religious, or racial persecution, including the Nazi persecutions.

Prohibits the deportation of an alien who has submitted an application for temporary resident status which establishes a prima facie case of eligibility until a final administrative determination has been made. Authorizes an alien to work during such period.

Limits administrative and judicial review with regard to such legalization program.

Provides that with the exception of special Cuban/Haitian entrants, aliens granted lawful resident status (temporary and permanent) shall be ineligible for six years for federally-funded public assistance based on financial need. Authorizes States and local governments to issue similar public assistance prohibitions.

Directs the Attorney General, in cooperation with designated agencies and the Secretary of Labor, to disseminate program information.

Authorizes specified appropriations for three years for reimbursement of State legalization costs. Bases distribution among the States on: (1) the number of legalized aliens within the State; (2) the ratio of such aliens to the number of State residents; (3) the amount of a State's estimated program expenditures; and (4) the ratio of a State's program expenditures to the total expenditures of all States.

Requires States to: (1) submit annual program reports to the Secretary of Health and Human Services; and (2) repay all unused funds.

Requires the Secretary of Health and Human Services to report annually to the Congress regarding such impact assistance grants, and transmit a copy of such report to each State.

Title III: Other Changes in the Immigration Law - Increases the number of available colonial visas from 600 to 3,000 per year.

Authorizes the three-year pilot visa waiver program for up to eight countries providing similar benefits to U.S. visitors. Requires such visitors to the United States to: (1) have a nonrefundable roundtrip ticket; and (2) stay in the United States for not more than 90 days. Requires an automated data arrival and departure system to be operational before such visa waiver program may begin.

Includes within the definition of "special immigrant" unmarried sons and daughters and surviving spouses of employees of certain international organizations ("I" status).

Grants nonimmigrant status to: (1) parents and children receiving "I" status while they are minors; and (2) other children of such parents or a surviving "I" status spouse.

Title IV: Reports - Directs the President to transmit to the Congress: (1) not later than January 1, 1987, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report; and (2) annual reports for five years on unauthorized alien employment and discrimination in employment.

Directs the Comptroller General to report annually for five years to the Congress and to the task force (as provided for by this Act) on the impact of the employer sanctions program.

Directs the Attorney General, jointly with the Chairman of the Commission on Civil Rights and the Chairman of the Equal Employment Opportunity Commission, to establish a task force to review the Comptroller's report.

Directs the Attorney General and the Secretary of State to jointly monitor the pilot visa waiver program and report to the Congress within two years.

Directs the President to submit to the Congress an initial and a second report (three years after the first report) on the impact of the legalization program.

Directs the Attorney General to report to the Congress within 90 days regarding necessary improvements for INS.

Title V: Commission for the Study of Cooperative United States-Mexican Endeavors to Improve Economic Conditions - Esablishes the 12-member Commission for the Study of Cooperative United States-Mexican Endeavors to Improve Economic Conditions to examine how the United States and Mexico can work together to improve the economies of the two nations. Requires a report to the President and to the Congress within 180 days. Terminates the Commission upon the date such report is due, except that it may continue to function for up to 30 days longer in order to conclude its activities.

Immigration Reform and Control Act of 1985 - Title I: Control of Illegal Immigration - Part A: Funding for Improved Enforcement - Expresses the sense of the Congress that resources should be increased for: (1) border patrol and other enforcement activities; and (2) examinations and other Immigration and Naturalization Service (INS) service activities.

Amends the Immigration and Nationality Act to authorize FY 1986 and 1987 INS appropriations.

Expresses the sense of the Congress that: (1) U.S. immigration laws should be vigorously and uniformly enforced; and (2) in so doing the rights and safety of U.S. citizens and aliens should be safeguarded.

Authorizes additional appropriations to the Department of Labor for enforcement activities of the Wage and Hour Division and the Office of Contract Compliance.

Authorizes alien user fees with respect to INS facilities and services.

Part B: Increased Penalties for Immigration-Related Violations - Makes it unlawful to: (1) bring an alien into the United States knowing, or in reckless disregard of the fact, that such alien has not received prior authorization to enter the country; and (2) fraudulently misuse or manufacture entry or work documents.

Prohibits adjustment of status to permanent resident for violators of (nonimmigrant) visa terms.

Part C: Control of Unauthorized Employment of Aliens - Makes it unlawful for a person to knowingly hire, maintain in his or her employment, or refer or recruit for a fee any alien not authorized to work. Makes the following of the verification procedure set forth in this Act an affirmative defense to any unlawful hiring charge.

Sets forth such verification system. Requires an employer of four or more persons to attest, under penalty of perjury, that he or she has examined an employee's identification and work authorization papers. Requires an employee to attest, under penalty of perjury, to his or her citizenship or legal work status. Requires an employer to keep verification forms for: (1) three years in the case of referral or recruitment; or (2) the later of three years or one year after employment termination in the case of hiring.

Directs the President to monitor and evaluate such verification system, and implement changes as necessary within 60 days after notifying the appropriate congressional committees (within two years for a major change). Authorizes demonstration projects.

Prohibits the use of such system or any required identification document for other law enforcement purposes.

Sets forth graduated civil penalties and cease and desist orders for verification violations. Provides for: (1) private party complaints; and (2) a six-month warning period.

Separates temporary agricultural labor ("N" visa) from other temporary labor for purposes of nonimmigrant worker provisions.

Requires an employer 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 will not be adversely affected.

Permits the Secretary of Labor to charge application fees.

Prohibits the Secretary from approving a petition if: (1) the job is open because of a strike or lock-out; or (2) the employer has violated previous certification terms within the past two years.

Provides with regard to temporary agricultural workers that: (1) employers need not submit such petition more than 65 days in advance of need; (2) the Secretary must notify an employer if there is a petition error within 14 days; (3) the Secretary must decide on a petition within 20 days of need; (4) producer associations may file such petitions; and (5) the Secretary shall establish expedited procedures for review of denied petitions or de novo administrative hearings.

Disqualifies from such program an alien who within the past five years has violated a condition of a previous temporary worker admission.

Authorizes the transfer of such workers among employers.

Authorizes appropriations beginning with FY 1986 to recruit domestic workers and monitor such program.

Prohibits such alien workers from adjusting their status to permanent resident.

Directs the Attorney General in consultation with the Secretaries of Agriculture and Labor to approve program regulations.

Establishes a three-year agricultural labor transition program whereby certain undocumented seasonal agricultural workers may continue to be employed. Reduces the number of such workers by one-third during each of the three years.

Establishes a 12-member agricultural worker commission to review and report to the Congress within two years on U.S. agricultural labor programs. Authorizes appropriations. Terminates such commission 27 months after the effective date of this Act.

Title II: Legalization of Status - Establishes a 16-member Select Commission on Legalization to monitor and review: (1) the border review and other Federal enforcement programs; and (2) Federal programs aimed at eliminating the employment of unauthorized aliens. Requires annual reports to the Congress beginning within one year after a majority of the Commission's members are appointed. Terminates such Commission upon the effective date of the legalization program, except that it may continue to function for up to 90 days in order to conclude its activities.

Authorizes temporary resident status for: (1) illegal aliens who have been physically present in the United States since before January 1, 1980; or (2) Cuban/Haitian entrants granted special status prior to January 1, 1981.

Authorizes persons granted such temporary status to adjust to permanent resident status three years after receiving temporary status. Requires a demonstration of basic citizenship skills.

Requires aliens to apply for temporary legalization status within a 12-month period beginning 90 days after such program becomes effective.

Permits such temporary residents to: (1) travel abroad; and (2) work in the United States.

Authorizes the use of qualified organizations approved by the Attorney General to assist in program implementation and outreach.

Provides penalties for false application statements.

Establishes a legalization fee of at least $100. Requires that corroborated employment information be submitted with the legalization application.

Prohibits legalization of an alien who: (1) has been convicted of a felony or three or more misdemeanors in the United States; (2) has been convicted of a crime of moral turpitude or a drug offense other than possession of less than 30 grams of marijuana; (3) is a threat to the security or welfare of the United States; or (4) has assisted in political, religious, or racial persecution, including the Nazi persecutions.

Permits waiver of residency requirements to avoid situations of family hardship.

Makes legalized temporary residents (other than Cuban/Haitian entrants) and permanent resident for the first three years ineligible for Federal public assistance.

Directs the Attorney General, in cooperation with designated agencies and the Secretary of Labor, to disseminate program information.

Authorizes specified appropriations for three years for reimbursement of State legalization costs. Bases distribution among the States on: (1) the number of legalized aliens within the State; (2) the ratio of such aliens to the number of State residents; (3) the amount of a State's estimated program expenditures; and (4) the ratio of a State's program expenditures to the total expenditure of all States.

Requires States to submit annual program reports to the Secretary of Health and Human Services.

Title III: Other Changes in the Immigration Law - Increases the annual colonial quota from 600 to 3,000 visas.

Authorizes the three-year pilot visa waiver program for up to eight countries providing similar benefits to U.S. visitors. Requires such visitors to the United States to: (1) have a nonrefundable roundtrip ticket; and (2) stay in the United States for not more than 90 days.

Includes within the definition of "special immigrant" unmarried sons and daughters and surviving spouses of employees of certain international organizations ("I" status).

Grants nonimmigrant status to: (1) parents and children receiving "I" status while they are minors; and (2) other children of such parents or a surviving "I" status spouse.

Title IV: Reports - Directs the President to transmit to the Congress: (1) not later than January 1, 1987, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report; and (2) annual reports for five years on unauthorized alien employment and discrimination in employment.

Directs the Comptroller General to report annually for five years to the Congress and to the task force (as provided for by this Act) on the impact of the employer sanctions program.

Directs the Attorney General jointly with the Chairman of the Civil Rights Commission and the Chairman of the Equal Employment Opportunity Commission, to establish a task force to review the Comptroller General's report.

Directs the Attorney General and the Secretary of State to jointly monitor the pilot visa waiver program and report to the Congress within two years.

Directs the President to submit to the Congress an initial and a second report (three years after the first report) on the impact of the legalization program.