|
|
|
|
SUBSCRIBE The leading Copyright |
[Congressional Record: November 19, 2003 (House)]
[Page H11582-H11586]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr19no03-136]
BASIC PILOT PROGRAM EXTENSION AND EXPANSION ACT OF 2003
Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the Senate bill (S. 1685) to extend and expand the basic pilot program
for employment eligibility verification, and other purposes.
The Clerk read as follows:
S. 1685
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Basic Pilot Program
Extension and Expansion Act of 2003''.
SEC. 2. EXTENSION OF PROGRAMS.
Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is
amended by striking ``6-year period'' and inserting ``11-year
period''.
SEC. 3. EXPANSION OF THE BASIC PILOT PROGRAM.
(a) In General.--Section 401(c)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note) is amended by inserting after ``United
States'' the following: ``, and the Secretary of Homeland
Security shall expand the operation of the program to all 50
States not later than December 1, 2004''.
(b) Report.--Section 405 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) is amended--
(1) by striking ``The'' and inserting:
``(a) In General.--The'', and
(2) by adding at the end the following new subsection:
``(b) Report on Expansion.--Not later than June 1, 2004,
the Secretary of Homeland Security shall submit to the
Committees on the Judiciary of the House of Representatives
and the Senate a report--
``(1) evaluating whether the problems identified by the
report submitted under subsection (a) have been substantially
resolved; and
``(2) describing what actions the Secretary of Homeland
Security shall take before undertaking the expansion of the
basic pilot program to all 50 States in accordance with
section 401(c)(1), in order to resolve any outstanding
problems raised in the report filed under subsection (a).''
(c) Conforming Amendments.--Section 402(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note) is amended--
(1) in paragraph (2)(B), by striking ``or entity electing--
'' and all that follows through ``(ii) the citizen
attestation pilot program'' and inserting ``or entity
electing the citizen attestation pilot program'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(d) Additional Technical and Conforming Amendments.--Title
IV of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended
by striking ``Attorney General'' each place that term appears
and inserting ``Secretary of Homeland Security''.
SEC. 4. PILOT IMMIGRATION PROGRAM.
(a) Processing Priority Under Pilot Immigration Program for
Regional Centers to Promote Economic Growth.--Section 610 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1993 (8
U.S.C. 1153 note) is amended--
[[Page H11583]]
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following:
``(d) In processing petitions under section 204(a)(1)(H) of
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H))
for classification under section 203(b)(5) of such Act (8
U.S.C. 1153(b)(5)), the Secretary of Homeland Security may
give priority to petitions filed by aliens seeking admission
under the pilot program described in this section.
Notwithstanding section 203(e) of such Act (8 U.S.C.
1153(e)), immigrant visas made available under such section
203(b)(5) may be issued to such aliens in an order that takes
into account any priority accorded under the preceding
sentence.''.
(b) Extension.--Section 610(b) of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is
amended by striking ``10 years'' and inserting ``15 years''.
SEC. 5. GAO STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the General Accounting Office shall
report to Congress on the immigrant investor program created
under section 203(b)(5) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)(5)).
(b) Contents.--The report described in subsection (a) shall
include information regarding--
(1) the number of immigrant investors that have received
visas under the immigrant investor program in each year since
the inception of the program;
(2) the country of origin of the immigrant investors;
(3) the localities where the immigrant investors are
settling and whether those investors generally remain in the
localities where they initially settle;
(4) the number of immigrant investors that have sought to
become citizens of the United States;
(5) the types of commercial enterprises that the immigrant
investors have established; and
(6) the types and number of jobs created by the immigrant
investors.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentlewoman from Texas (Ms.
Jackson-Lee) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on S. 1685, the bill
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, today we are considering Senate 1685, a bill authored by
Senator Grassley that represents a fair and reasonable compromise
regarding the reauthorization of the employment eligibility
verification pilot project.
The Immigration Reform and Control Act of 1986 made it unlawful for
employers to knowingly hire or employ illegal aliens and required
employers to check the identity and work eligibility documents of all
new employees. Unfortunately, illegal aliens have used the easy and
cheap availability of counterfeit documents to make a mockery of this
law. Today's document-based verification system just does not work. It
frustrates employers who do not want to hire illegal aliens but have no
other choice than to accept documents that have a high likelihood of
being counterfeit.
In 1996, Congress responded to this state of affairs by creating a
pilot program under which employers who elect to participate may submit
the Social Security and alien identification numbers of newly hired
employees to be checked against Social Security Administration and INS
records.
{time} 1730
This weeds out bogus numbers provided by illegal aliens and thus
ensures that new hires are genuinely eligible to work.
The pilot program has been a great success over its 6 years of
operation. A recent study found that 96 percent of participating
employers believed the pilot to be an effective and reliable tool for
employment verification, 94 percent believed it to be more reliable
than the IRCA-required document check, and 83 percent believed that
participating in the pilot reduced uncertainty regarding work
authorization. The study recommended the continuation of the pilot.
Last month, this body considered H.R. 2359, introduced by the
gentleman from California (Mr. Calvert), that would have extended the
pilot program for an additional 5 years. It would have allowed
employers throughout the Nation to voluntarily participate. Currently,
the Department of Homeland Security is required to operate the pilot in
at least five of the seven States with the highest estimated number of
illegal aliens.
Senate 1685 also extends the pilot for an additional 5 years. It also
takes two steps to address the concerns of some of our colleagues that
aspects of the pilot program can be improved. First, the bill delays
nationwide expansion for a year. It provides that employers in all
States shall be able to participate in the basic pilot program no later
than December 1, 2004. In addition, not later than June 1, 2004, the
Secretary of Homeland Security shall complete a report evaluating
whether any problems identified in the 2001 report on the basic pilot
program have been substantially resolved and describing what actions
the Secretary shall take to resolve any outstanding problems before
undertaking the expansion of the program.
Senate 1685 also addresses the immigrant investor visa program. To
encourage economic development through the program, Congress created a
5-year temporary pilot program in 1993 that set aside 3,000 immigrant
visas each year for aliens who invested at least $500,000 in designated
regional centers. A regional center is any economic unit, public or
private, which is involved with the promotion of economic growth,
including increased export sales, improved regional productivity, job
creation, or increased domestic capital investment. A center seeking
approval must submit a proposal showing how it plans to focus on a
geographical region within the United States to achieve the required
growth. Once a center has been approved, an alien applicant can receive
an investor visa by showing that he will make the qualifying investment
within the approved regional center. In 2000, Congress extended this
program until September 2003.
Senate 1685 extends this pilot program for an additional 5 years and
also allows the Department of Homeland Security to process investor
visa petitions involving regional centers expeditiously, as compared to
nonpilot program investor visa petitions.
I urge my colleagues to support this bill. The legislation will
provide willing employers throughout the Nation the tools they need to
hire a legal workforce.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
The consideration of S. 1685 is a positive step toward resolving a
concern that many Americans have as relates to ensuring the complete
and accurate employment of those who are able and should be employed in
a legal manner. The basic pilot is a temporary, voluntary program for
electronically verifying the employment authorization of newly-hired
employees. The bill, S. 1685, would extend the program for another 5
years.
The objective of employment verification is to ensure that American
employers hire workers who are authorized to work in the United States.
Under the basic pilot, the employer examines the documents of a newly-
hired employee and then transmits the pertinent information
electronically to an office of the Social Security Administration. The
SSA office compares the information with its records. In the case of a
foreign worker, the SSA office will pass the information on to the
Bureau of Citizenship and Immigration Services.
The BCIS compares the alien's employment data with immigration
records to determine whether he or she is authorized to work in the
United States. If BCIS confirms that the alien employee is authorized
to work in the United States, it issues a confirmation number. If BCIS
determines instead that the new employee is not authorized for
employment in the United States, it issues a tentative nonconfirmation
number. Procedures are
[[Page H11584]]
available to permit either the employer or the employee to contest a
tentative nonconfirmation before it becomes final, at least allowing
procedures of due process so that those who would insist that they are
allowed to work here would have the opportunity to protest any denial
and to be able to provide information to prove that they can work here
in the United States.
The basic pilot is an effective employee verification program that
makes it easier and safer for employers to hire foreign workers which
makes it easier for lawful foreign workers to find employment.
Section 405 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 required the Attorney General to submit a
report on the basic pilot to the House and Senate Judiciary Committees.
The report was done by the Institute for Survey Research at Temple
University. The Institute identified a substantial number of
implementation problems. It concluded, among other things, that the
basic pilot was a good program, but that it was not ready yet for
larger-scale implementation. Consequently, I have concerns about a
provision in S. 1685 which would expand the pilot program from its
present size of being available in only six States to being available
in all 50 States.
S. 1685 has a provision, however, which I believe addresses the
problems that the Institute identified. This provision would require
the Secretary of Homeland Security, prior to expanding the program, to
submit a report to the House and Senate Judiciary Committees stating,
one, the extent to which these problems have been resolved; and, two,
describing what additional actions will be taken before expanding the
program. This is a helpful addition, if you will, that counters the
overexpansion to 50 States, which I believe we are not yet prepared for
in terms of manpower hours at Homeland Security and, as well,
technology to be able to address the overload that will occur. But it
is an important issue to ensure that employers are, in fact, complying
with the law and hiring those appropriately able to work in the United
States.
S. 1685 also would extend the duration of an immigrant investor pilot
program for 5 additional years. It is a little-used program, and I
think we should do a lot to expand and promote this program because it
is an investment program. This pilot program arose out of the basic
immigrant investor EB-5 program. Ten thousand EB-5 visas are available
each year, 5,000 of which are reserved for people who participate in
the pilot program.
The requirements for participating in the pilot program are
essentially the same as the requirements for participating in the EB-5
investor program, with some exceptions. An investor under the pilot
program can qualify with an investment of less than $1 million, which
is the requirement for the basic EB-5 program. The pilot program
investor may satisfy the eligibility requirements with an investment of
as little as $500,000 in a specified type of commercial enterprise that
would be to promote economic growth, improve regional productivity,
create new jobs or save existing ones, and increase domestic capital
investment in certain definitively needy areas that would benefit from
this investment. I would encourage the utilization of these visas as
much as possible.
I am pleased that foreign investors are being encouraged to invest in
regions of our country that need the stimulation of such enterprises. I
think this is a worthwhile program that should be extended. I urge my
colleagues to vote for this bill.
Might I also acknowledge the work of the Committee on the Judiciary,
the House Committee on the Judiciary, the gentleman from Wisconsin (Mr.
Sensenbrenner) and the gentleman from Michigan (Mr. Conyers) who worked
on this legislation and my chairman on the Subcommittee on Immigration,
Border Security, and Claims, the gentleman from Indiana (Mr.
Hostettler), that efforts were waged to compromise on this legislation.
I do still have concerns, but I believe that we have worked through a
bill that is suited for the support of my colleagues.
Mr. Speaker, the Basic Pilot is a temporary, voluntary program for
electronically verifying the employment authorization of newly hired
employees. The bill, S. 1685, would extend the program for another 5
years.
The objective of employment verification is to ensure that American
employers hire workers who are authorized to work in the United States.
Under the Basic Pilot, the employer examines the documents of a newly
hired employee and then transmits the pertinent information
electronically to an office at the Social Security Administration
(SSA). The SSA office compares the information with its records. In the
case of a foreign worker, the SSA office will pass the information on
to the Bureau of Citizenship and Immigration Services (BCIS).
The BCIS compares the alien's employment data with immigration
records to determine whether he or she is authorized to work in the
United States. If BCIS confirms that the alien employee is authorized
to work in the United States, it issues a confirmation number. If BCIS
determines instead that the new employee is not authorized for
employment in the United States, it issues a tentative nonconfirmation
number. Procedures are available to permit either the employer or the
employee to contest a tentative nonconfirmation before it becomes
final.
The Basic Pilot is an effective employee verification program that
makes it easier and safer for employers to hire foreign workers, which
makes it easier for lawful foreign workers to find employment.
Section 405 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA) required the Attorney General to
submit a report on the Basic Pilot to the House and Senate Judiciary
Committees. The report was done by the Institute for Survey Research at
Temple University. The institute identified a substantial number of
implementation problems. It concluded, among other things, that the
Basic Pilot was a good program but that it was not ready yet for larger
scale implementation. Consequently, I have concerns about a provision
in S. 1685 which would expand the pilot program from its present size
of being available in only 6 States to being available in all 50
States.
S. 1685 has a provision, however, which addresses the problems that
the institute identified. This provision would require the Secretary of
Homeland Security, prior to expanding the program to submit a report to
the House and Senate Judiciary Committees stating first, the extent to
which these problems have been resolved; and second, describing what
additional actions will be taken before expanding the program.
S. 1685 would extend the duration of an immigrant investor pilot
program for 5 additional years. This pilot program arose out of the
basic immigrant investor EB-5 program. Ten thousand EB-5 visas are
available each year, 5,000 of which are reserved for people who
participate in the pilot program.
The requirements for participating in the pilot program are
essentially the same as the requirements for participating in the EB-5
investor program, with some exceptions. An investor under the pilot
program can qualify with an investment of less than $1 million, which
is the requirement for the basic EB-5 program. The pilot program
investor may satisfy the eligibility requirements with an investment of
as little as $500,000 in a specified type of commercial enterprise. The
enterprise must promote economic growth, improve regional productivity,
create new jobs or save existing ones, and increase domestic capital
investment.
I am pleased that foreign investors are being encouraged to invest in
regions of our country that need the stimulation of such enterprises. I
think this is a worthwhile program that should be extended.
I urge you therefore to vote for this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield 5 minutes to the gentleman
from Indiana (Mr. Hostettler), chairman of the Subcommittee on
Immigration, Border Security, and Claims.
(Mr. HOSTETTLER asked and was given permission to revise and extend
his remarks.)
Mr. HOSTETTLER. I thank the chairman for yielding me this time, and I
think the ranking member of the subcommittee, the gentlewoman from
Texas (Ms. Jackson-Lee), for her work on this legislation as well.
Mr. Speaker, I want to emphasize two points. First, employers
participating in the pilot program find it of immense help in the day-
to-day operations of their businesses. And, second, the pilot is
working extraordinarily well and will only get better in the future.
The report commissioned by the Immigration and Naturalization
Service, or INS, to evaluate the program found that ``an overwhelming
majority of employers participating found the basic pilot program to be
an effective and reliable tool for employment verification.''
Participating employers
[[Page H11585]]
appreciate the pilot because it reduces uncertainty. The pilot ensures
that their operations will not be disrupted by the mass dismissal of
employees after the Department of Homeland Security or the Social
Security Administration question the status of their employees. The
pilot ensures that they will not be put in the position of hiring
illegal aliens, investing hundreds of thousands of hours in training
them and then losing the benefit of this investment years down the road
when they are forced to dismiss these illegal employees.
As Paul Weyrich has said in his support of this bill, ``If we are
really serious about enforcing the immigration laws we have on the
books, then we must provide the means for employers to quickly
determine the validity of the documents with which they are presented.
The way the pilot program works is simple and reflects plain common
sense.''
The report indicated that the pilot program could be improved in a
few areas. Some employers had taken adverse actions against new
employees tentatively found ineligible to work. And INS databases had
to be improved, especially in the context of adding data for persons
recently issued a work authorization document and for new immigrants
and refugees. However, remember that the report evaluated operations of
the pilot in the 1990s. Since that time, INS and now the Department of
Homeland Security, or DHS, have been actively making any needed
improvements. DHS believes that there has been ``an overwhelming
improvement in the timeliness of data entry, particularly in response
to the events of September 11.'' In fact, DHS now requires that all new
data regarding immigrants be entered into the system within 3 days and
all new information regarding temporary visitors be entered within 14
days.
As to employer responsibilities, DHS said that ``greater emphasis on
pilot procedures has been added to training materials, and safeguards
have been added to pilot software to increase compliance with required
procedures. For instance, employers will be required to certify that
they have talked with their employees and advised them of their rights
if they cannot immediately be confirmed.'' Finally, DHS reports that
the soon-to-be-implemented Internet-based version of the pilot will
greatly reduce or eliminate any remaining problems.
S. 1685, the bill now under consideration, should ameliorate concerns
about any lingering problems in the pilot program by delaying
nationwide implementation until next December and requiring the
Secretary of Homeland Security to issue a report by June evaluating
whether the problems identified by the 2001 report have been
substantially resolved and describing what actions he needs to take
before December 2004 in order to resolve them.
Mr. Speaker, I urge my colleagues to vote for S. 1685.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, let me also note, I think, an important aspect of this
bill, and, that is, a concern about the dissemination of information
and violation of privacy that the initial bill exhibited. I am pleased
to note that the Senate removed a provision that would give State and
local governments access to the information collected with this
program. That would have been the first step toward the dissemination
or the idea, which I think is still highly debatable, of a national
identity card. So, in fact, we have provided safeguard provisions to
make this legislation work, to provide the information that is
necessary to ensure the protection of the workplace, and also to
provide due process rights for all who are involved.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield 3 minutes to the gentleman
from California (Mr. Calvert), the author of the House version of the
bill.
Mr. CALVERT. Mr. Speaker, I rise in support of S. 1685, the Basic
Pilot Program Extension and Expansion Act of 2003. The basic pilot
employment verification system is the only automated system offered to
employers to verify employment eligibility of new employees.
In 1994 I spoke with a Border Patrol agent who identified a key need
in the enforcement of immigration laws. Employers need a simple way, a
reliable tool to verify the worker status of new employees. In
response, I introduced a bill to create the basic pilot program to do
just that. Operating in six of the most problematic States on a
voluntary basis, the basic pilot has proven to be an overwhelming
success. The basic pilot program is the best tool available for
employers to comply with immigration laws which prohibit hiring
undocumented immigrants.
Recently, a contract cleaning service for Wal-Mart was raided by the
Bureau of Immigration and Customs Enforcement and over 250 employees
were arrested. If Wal-Mart's cleaning service had used the basic pilot
program and verified the I-9 documents provided by their workers, this
situation could have been avoided. We must provide companies the option
of using this employment verification program and assist them in
complying with Federal immigration law. This program is in no way
mandatory. It is completely voluntary and may be used at the discretion
of the employer. Without the option to use the basic pilot program,
employers have no means of verifying legal work status for immigrants,
causing many employers to discriminate against legal workers.
{time} 1745
This program gives employers the confidence to hire legal immigrants,
reducing discrimination in the workplace. Additionally, S. 1685 allows
employers from any State to voluntarily use this program. Many of my
colleagues have expressed concerns that this will expand the program
too far too fast. The reality is that current pilot States are home to
over 80 percent of all illegal immigrants, which means the impact on
the program will be negligible. The bill also requires the Department
of Homeland Security to complete a report identifying and resolving any
problems with the program and the expansion.
After 7 successful years, it is time to give all employers the option
of verifying their workforce and avoiding entanglements with the
Immigration and Customs Enforcement.
I would like to thank Senator Grassley for sponsoring S. 1685, the
Senate counterpart to my bill, and encourage my colleagues to vote for
a bill that promotes compliance with Federal law.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield 2 minutes to the
distinguished gentleman from California (Mr. Berman), member of the
Subcommittee on Immigration, Border Security, and Claims, who has
worked long years in bringing us a consistent and effective immigration
policy for this country.
Mr. BERMAN. Mr. Speaker, I thank the gentlewoman for her kind
comments.
I rise in support of the proposal. I opposed the House bill that went
through in part because I had concerns about what was in section 3 of
the bill allowing data to be shared with State and local governments.
That is no longer in the bill that has come over from the Senate. The
expansion of the program is conditioned on some additional studies to
make sure it is working right, and the fundamental principle is a
legitimate principle. Employers who want to do the right thing should
be able to access accurate information about status given the state of
the Federal law at this time on who they should and should not hire.
So I always supported the principle of the pilot program. We just
want to make sure it provides accurate information about the employee
so that people who are eligible to work are not denied employment as a
result of utilizing that system, and I congratulate the majority and
the minority for pushing what I think is a more reasonable approach
through.
Mr. SENSENBRENNER. Mr. Speaker, I yield 3 minutes to the gentleman
from Texas (Mr. Smith).
Mr. SMITH of Texas. Mr. Speaker, I thank the chairman of the
Committee on the Judiciary for yielding me this time.
Mr. Speaker, the basic pilot program was originally authorized in the
1996 Immigration Act. It allows employers in six States to verify the
validity of the Social Security numbers of new hires. S. 1685
reauthorizes this program and expands it to allow employers in all 50
States to voluntarily participate in the basic pilot program.
[[Page H11586]]
The program offers employers the opportunity to ensure that
individuals they hire are eligible to work in the United States.
Illegal immigrants drive down wages and take jobs from American
workers. Recent studies show immigration has depressed the wages of
American workers in similar jobs by more than $2,500 per year. Ninety
percent of the American people believe that we should reduce illegal
immigration, and 79 percent feel that the Federal Government should
require employers to verify the work status of potential employees. The
main attraction for the 10 to 20 million illegal aliens who have
crossed our borders is work. If we want to reduce the incentive for
illegal immigration and its negative impacts, we must reduce the
availability of jobs for illegal immigrants.
This program reduces illegal immigration because it allows employers
to make sure they are only hiring someone who is eligible to work in
the United States.
Everyone who is concerned about lost jobs and unemployment should
support the expansion of the basic pilot program. If we are serious
about saving jobs for citizens and legal immigrants, we should pass S.
1685.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
First of all, let me again acknowledge my colleagues on the
Subcommittee on Immigration, Border Security, and Claims and the full
Committee on the Judiciary; but I always want to acknowledge the staff,
both majority and minority, for working through this legislation.
I would simply say that we have realized that we have this dilemma
between the need for American workers to have jobs, particularly in
this economy, and juxtaposing it against the numbers of immigrants who
have come to this country for opportunity, in many instances economic
opportunity. I hope that, as we look at this legislation, we will be
reminded of the fact that we do need to establish a real immigration
policy for this Nation.
The basic pilot legislation helps us to avoid what I think is the
ugliest part of this conflict with illegal immigration, and that is
racial stereotyping and stigmatizing of those who happen to come from a
background that would ordinarily suggest that they are not here with
legal status. By being able to find out real information through the
BCIS and the Social Security Administration, employers can be safe and
secure in those that they might hire.
At the same time I think that this body owes it to the establishment
of a real immigration policy along with the administration that we
should pass 245(i) and begin to look at ways to address the question of
8 million undocumented aliens by earning access to legalization, by
passing legislation that allows those who have come here to work to
earn their way to citizenship first by way of being in this country for
5 years without a criminal background, paying taxes, and working,
finding a way for them to route themselves to real citizenship.
Might I say in conclusion that as we organize a Homeland Security
Department, and the Committee on the Judiciary worked very hard to
establish aspects of the immigration provisions, to the credit of the
Committee on the Judiciary, that particular section was called the
Bureau of Citizenship, I believe, and Immigration Services. That is an
important step, that we want people to be able to legally access
citizenship, those who have come here to work and come here to do what
is good for this country to be able to access citizenship even if their
first entry might have been in an illegal status.
This legislation clearly is needed today, but we do need a forceful
immigration policy. With that I ask my colleagues to vote for this
legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the only way we are going to get a handle on the illegal
immigration problem of this country is by giving employers the means to
verify whether an applicant for employment is legally able to work here
and then to enforce the 1986 law which makes it illegal for an employer
to hire an illegal alien. If we do not do both, then it will be always
cheaper for an employer to break the law by hiring an illegal alien
because they do not have to pay them the minimum wage, they do not have
to have workplace safety and environmental standards. In many cases
they are paid in cash; and the deductions for Social Security and
Federal and State income tax withholding are not taken out, all of
which is illegal, but there still is a huge economic incentive for an
employer to break the law multiple times by hiring an illegal alien.
This bill is an important part of closing a part of that loop, by
giving employers nationwide the tools to find out if the person who is
asking for a job is legal and a better way of being able to determine
whether the documents that the applicant presents are genuine documents
or counterfeit documents.
So we have done a part of making our immigration laws more effective
by passing this legislation, but the other part indeed deals with
enforcement because without enforcement of the immigration law, the
problem that we thought we solved with the amnesty that was granted in
1986 will continue whether or not there is another amnesty that is
granted by the Congress, which is a move that I personally oppose. So
with that, I urge the Members to support this bill.
Mr. OSBORNE. Mr. Speaker, as an original cosponsor of similar House
legislation, I encourage my colleagues to support S. 1685, the Basic
Pilot Extension Act of 2003. This important legislation would extend
for five years the Basic Pilot Verification Program, which is a
voluntary program that employers use in conjunction with the Bureau of
Immigration and Citizenship Services (BCIS) and the Social Security
Administration (SSA) to confirm employment eligibility in my home state
of Nebraska, among others. This pilot, which started in November 1997,
involves verification checks of the SSA and the BCIS databases of all
newly hired employees regardless of citizenship. Unfortunately, the
Basic Pilot program is scheduled to terminate on November 30th of this
year.
The agricultural economy of Nebraska's Third District relies heavily
on immigrant labor. Employers across my district have told me that they
want to comply with the Immigration Reform and Control Act of 1986,
which made it unlawful for employers to knowingly hire or employ aliens
not eligible to work, and required employers to verify documents of new
workers. However, a simple visual check of these documents by employers
will not tell them if these are in fact counterfeit documents, and that
this potential new hire is in fact an illegal alien.
I have heard from many business people in the Third District about
their need for the Basic Pilot program. Employers need the appropriate
tools to ensure that they are indeed hiring eligible workers, and S.
1685 would allow employers in all states to opt to participate in the
program. By checking the new hire's documents against the BCIS and SSA
databases, the Basic Pilot program allows employers to feel more
confident about their new hire.
I thank my colleague, Representative Calvert, for his hard work on
this issue in the House and I urge my colleagues to support S. 1685.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Sweeney). The question is on the motion
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the
House suspend the rules and pass the Senate bill, S. 1685.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
____________________
Copyright © 1999-2002 American Immigration LLC, ILW.COM
 Share this page | Bookmark this page | Print this page |  Add to del.icio.us
The leading immigration law publisher - over 50000 pages of free information!
© Copyright 1995-2008 American Immigration LLC, ILW.COM |