Speech #920282701

Mr. Chairman. H.R. 16188 is the result of more than a years investigation. hearings. and study by the Immigration and Nationality Subcommittee of the Judiciary. We have traveled from California to New York. from El Paso to Chicago and Detroit. We have heard testimony from farmers. fruitgrowers. manufacturers. tradesmen. service employers. illegal aliens. civil rights groups. ethnic organizations. labor union officials. private attorneys. Immigration Service employees and officers. law enforcement officers. U.S. magistrates. and representative officials from local. State. and Federal labor. health. and welfare agencies. Witnesses have urged that all immigration be cut off. that all Mexicans and Canadians be given the right to enter the United States at their pleasure. that permanent resident status be granted to all illegal aliens now in the United States. I cosponsored this bill because I think it is vitally needed. The facts are clear: First. There are between 1 and 2 million illegal aliens in the United States. the majority of whom are presently employed. Second. Illegal aliens have had a substantial adverse impact on our unemployment situation. the wages and working conditions of American workers. Federal and State public assistance programs. and the U.S. balance of payments. Third. The illegal alien problem is nationwide in scope and. therefore. is not limited to the border areas in the Southwest United States. Fourth. The availability of employment in the United States and the economic conditions in the aliens native country encourage aliens to enter this country illegally in search of employment. Fifth. Since the employment of illegal aliens is not presently prohibited. employers and placement agencies do not now inquire into the citizenship or alien status of prospective employees. Sixth. Due to the nature of their status. illegal aliens are often exploited by unscrupulous employersfor example. they are sometimes denied vacation pay. overtime pay. and other fringe benefits. Seventh. The Immigration and Naturalization Service is unable to cope efI fectively with the illegal alien problem. I due to Insufficient funding and manpower. Eighth. Immigration violations are low I priority matters in the U.S. attorneys offices and criminal penalties against aliens are enforced only in aggravated * cases. Ninth. There has been little. if any. cooperation by the various agencies of the Government in combating the illegal alien problemWage and Hour Division of the Department of Labor. the Social * Security Administration. and the Department of Health. Education and Welfare. Tenth. Counterfeit or altered documents. including social security cards. visas. alien registration receipt cards and birth certificates are often used to enter the United States illegally and to obtain employment after entry. H.R. 16188 attacks the problem revealed by these facts. Section 1 would permit natives of the Western Hemisphere who are in the United States to adjust to immigrant status as can natives of the Eastern Hemisphereprovided a visa is immediately available. However. H.R. 16188 provides that an alien who has illegally taken employment- would be denied this opportunity. Section 2 repeals the proviso in section 274 of the Immigration and Nationality Act which provides that normal employment practices shall not be deemed to constitute the harboring or concealing of illegal aliensan offense which is currently punishable by a fine of $2.000 and/or 5 years in prison. Next. it makes unlawful the "knowing" employment of illegal aliens. Providing however. that an employer. who makes a bona fide effort to determine if the prospective employee is entitled to work in the United States. shall be exempt from civil or criminal liability. The following threestep procedure for the imposition of sanctions against employers who knowingly hire illegal aliens is provided in the bill: For a first violation. the Attorney General is directed to serve a citation on the employer informing him of such apparent violation. If such employer commits a subsequent violation within 2 years after receiving a citation. the Attorney General is directed to impose a fine of not more than $500 for each alien. and Following the imposition of such a fine. if an employer commits an additional violation. he shall be subject to a fine of $1.000 and/or 1year imprisonment for each alien. Also. provision is made for the forfeiture of vehicles used in smuggling and transporting illegal aliens. Section 3 of the bill amends 18 U.S.C. 1546 to include border crossing and alien registration cards in the general forgery and counterfeiting penalty statute. H.R. 16188 is a sound and logical treatment of the problem. It will discourage aliens from crossing our borders illegally because job opportunities will be sharply reduced. It will put all employers on notice that it is a violation of law to Septeymber 12. 1972 knowingly employ illegal aliens. It will protect those employers who sincerely make inquiry as to the eligibility of prospective employees. It will preserve job opportunities for U.S. citizens and reduce a heavy drain by illegal aliens upon our welfare services. It is a good bill. I urge its passage.