Speech #890195036

Mr. Speaker. I have long been a proponent of a fair. reasonable. and liberal immigration policy. I have supported every measure to reform our immigration policy. In August of 1965. when the first general revision of the Immigration and Nationality Act was debated on the floor of the Congress. I welcomed this legislative approach directed to the repeal of the discriminatory national origins system. I joined with my colleagues in support of the provisions in that legislation which were designed to protect the American workingman. his job. and his scale of living. I still stand steadfastly behind the theory of this purpose. However. my attention. and the attention of many of my colleagues has been directed to the difficulties that have arisen from the new labor provisions. I specifically refer to section 10 of Public Law 89236 which amended section 212(a) (14) of the Immigration and Nationality Act. Prior to December 1. 1965. the Immigration and Nationality Act provided in section 212(a) (14) that. first. aliens were subject to exclusion only when the Secretary of Labor certified that either there were sufficient workers in the United States. able. willing. and qualified. at the aliens destination. to perform the skilled or unskilled labor to be undertaken by the alien or that. second. the employment of the alien would adversely affect the wages and working conditions of workers in the United States similarly employed. Section 212 (a) (14) at that time placed the burden of proceeding on the Governmentthe Labor Departmentto certify that admission of the alien would not be economically feasible. Now. by virtue of Public Law 89236. the procedure is substantially changed and the burden of proceeding is placed upon the shoulders of the alien seeking to enter our shores. Thus. the intending immigrant must obtain clearance from the Secretary of Labor prior to the issuance of a visa. a clearance which certifies that there are not sufficient workers in the United States at the aliens destination who are able. willing. and qualified to perform the skilled or unskilled labor and. additionally. that the employment of the alien will not adversely affect the wages and working conditions of the U.S. citizens similarly employed. Under the best planned regulations and wellconsidered procedures this requirement is at best circuitous. cumbersome. and complex. An unfair burden is placed on the intending immigrant. The success of any legislation depends upon reasonable administration. I do not wish to cast stones at any one segment of our Government. Nevertheless. the misguided and stringent enforcement of section 212(a) (14). as amended. has. in effect. resulted in what is referred to as the "alien exclusion act of 1965." The complaints that have come to my attention have come from not only families of intending immigrants. but from prospective employers. labor representatives. volunteer agencies. and interested citizens. True. the intent of the provision was to give unemployed American workers -first chance at available jobs. however. this Intent has been seized upon by the Department of Labor and has been redirected so that the required labor certification has given the Secretary of Labor an extension to the job placement service. When cases come to my attention where the Department of Labor has directed employers to fire or discharge aliensaliens whom they have sought and have enticed into their employment. so that the Department of Labor could place an American in that jobI feel that our immigration policy has been relegated to a jobfinding apparatus. I do not take the floor today merely to criticize existing legislation. I do take this opportunity to stress the reason why I join with other Members of this body in sponsoring legislation to amend section 212(a) (14) of the Immigration and Nationality Actto remove the awkward requirement placed upon the alien and to reinstate that provision of the law as it existed prior to December 1. 1965. A thorough study and review of that section of the law. before amendment. has fully satisfied me that it was sufficient. and its sufficiency has been demonstrated on numerous occasions. to protect our workers and our wage standards and our working conditions from unfair alien competition. In fact. as late as December 1. 1965. the day the new immigration legislation became effective. the Secretary of Labor actually signed a certification that the admission of certain workers would displace U.S. citizens and adversely affect working conditions. As one reviews the labor certifications over the years. it is noted that on relatively few occasions has it been necessary for the Secretary to certify various occupations under the excludable category. Therefore. I submit that the relatively few certifications found necessary to be presented by the Secretary of Labor prior to December 1. 1965. establish without question that the stringent labor requirements established by Public Law 89236 are without justification. These provisions have resulted in a mockery of our new. rational immigration policy. The Congress has made great strides in eliminating discrimination. both domestically and in our immigration policy. Our steps forward. unfortunately. are overshadowed and darkened by a procedure which is actually antiimmigration but disguised as a protective measure for the workingman. I respectfully submit that labor. the economy. and working standards can and will be adequately protected if this harassing labor certification is repealed. The removal of this administrative monstrosity will permit our new sound immigration policy to be praised. not criticized.