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From the Office of Congressman Tom Tancredo
November 17, 2003

This bill is beneficial to both the United States, and to those seeking better economic opportunity from their home countries"

WASHINGTON, DC – Congressman Tom Tancredo (CO-06) will introduce tomorrow the Border Enforcement and Revolving Employment to Assist Laborers (BE REAL) Act of 2003.

“We will be introducing a bill that is beneficial to both the United States, and to those seeking better economic opportunity from their home countries,” said Tancredo, Chairman of the Immigration Reform Caucus. “This sweeping immigration reform would provide a true guest worker program for immigrants, and would allow all industry’s the ability to hire as many temporary legal immigrants as necessary.”

“This legislation would also comfort American’s everywhere with its provisions to ensure border security through additional Border Patrol, Bureau of Customs and Border Protection, and Bureau of Immigration and Customs Enforcement agents.”

Some of the BE REAL highlights:


Subtitle A – Improving Homeland Security

  • Authorizes additional Border Patrol agents, BCBP immigration inspectors, BICE immigration special agents, and detention and removal officers, as well as additional detention facilities.
  • Suspends visa waiver program until DHS certifies to Congress that:
              - automated entry-exit system is fully implemented and
              - all ports of entry have functional biometric machine readers
              - all participating countries issue machine-readable, biometric
  • Increases the civil and criminal penalties for document fraud and false claims of citizenship, as well as overstaying a visa by 30 days or more.
  • Clarifies that DHS officers may not engage in racial profiling, but may consider factors such as mannerisms, appearance, language, behavior and location
Subtitle B – Removing the Incentives to Illegal Migration
  • Requires the Secretary of DHS to create a national, mandatory electronic employment eligibility verification system; requires that the system provide verification or a tentative non-verification of work eligibility within three days of the initial inquiry and, in the case of a non-verification the employee is terminated upon confirmation of verification; requires that the system include safeguards against its use resulting in unlawful discriminatory practices; exempts employers from civil and criminal liability for actions taken in good faith reliance on the verification system
  • Permits employers who seek verification of work eligibility of new hires within three days after they begin work to use such verification as a defense against employer sanctions; requires employers to obtain from each new hire either a social security number or an alien number


Subtitle A – Prerequisites to Guest Worker Program

  • Requires the Secretary of DHS, prior to the implementation of the guest worker program, to certify to Congress that the entry-exit system is fully implemented and functional; the electronic employment verification system described in Subtitle B of Title I of this Act is fully implemented and functional; 20,000 full-time border enforcement personnel are in the field; BICE employees respond to every request by state and local law enforcement officers to pick up illegal aliens
  • Requires the EPA to conduct an environmental impact statement and certify that neither current levels of illegal immigration nor the guest worker program included in this Act will adversely impact the human environment in the United States
Subtitle B – The Guest Worker Program
  • Replaces all current H nonimmigrant visas with a single H nonimmigrant visa for aliens coming to the United States temporarily to perform skilled or unskilled work for which no Americans or legal permanent residents are available or qualified.
  • Requires that the Department of Labor create an Internet-based job posting system to which all U.S. employment agencies and business may acquire password-protected access so that they can post available jobs on the system; prohibits the Labor Department from approving any labor certification applications in any industry and geographic region if the unemployment rate exceeds five percent and the percentage of new hires who are H non-immigrants exceeds 15 percent

For more information on this issue, please contact Carlos Espinosa at 202-225-7882.