Speech #910020716

The bill we introduce today is a modest attempt to begin this effort. Section 1 of the bill pertains to the commuter system. A major thrust of our immigration laws has always been to protect the working conditions and job opportunities of American workers. As it currently operates. the 40yearold commuter system. not provided for in these laws. but directly related to them. does not carry out this objective. It is true that potential commuters among many of the current applicants for an immigrant visa are covered by the Labor Clearance Provisions of the Immigration Act of 1965. But once an applicant is given permanent resident status as a bona fide Immigrant--once he receives his green cardfor all practical purposes he holds in his hand a permanent work permit for employment in the United States. I do not believe aliens should be given the unique privilege of being considered bona fide immigrants for purposes of employment in this country when they choose to reside across the border and fail to become immigrants in the sense contemplated by law and. more importantly. when their employment is so clearly detrimental to the economic conditions. the Job opportunities. and the organizing and collective bargaining efforts of American workers. The proposed amendment to section 212 of the Immigration and Nationality Act does not end the commuter system. but it does refine its current operations. The amendment simply says that each commuter alien must be regularly certified every 6 months by the Department of Labor. that his presence in the United States to seek or continue employment does not adversely affect the wages and working conditions of American workers similarly employed. The amendment provides for the revocation of a commuter aliens labor clearance. if he violates administrative regulations. such as a ban on strikebreakingand this regulation needs strengtheningprescribed by the Department of Labor and the Immigration and Naturalization Service to carry out the purpose of this amendment. Section 2 of the bill removes the provision in section 274(a) (4) of the Immigration and Nationality Act. which exempts from criminal sanctions individuals who willfully and knowingly employ aliens who are in the country illegally. The proviso was placed in the basic immigration statute many years ago. to protect the use of the socalled "wetbacks" by American employers. The time is long overdue to strike it from the statute books. I believe that the enactment of this bill. if coupled with a strengthening and a more effective implementation of administrative regulations. will contribute a great deal to a reasonable and humane remedy of the chronic problems posed by the influx of workers from Mexico.