Speech #930008004

Mr. Speaker. the growing numbers of illegal aliens in this country has been a serious problem for some time and it is getting worse. Current estimates of the number of illegal aliens now in this country range from 1 to 2 million. This group is a major burden on our economy which must be relieved immediately. Illegal aliens take jobsat the lowest possible wagesfrom citizens and legal residents and they are willing to work long hours of overtime without additional compensation. They often live in overcrowded slum dwellings which aid in the destruction of our urban areas. And. finally. when they cannot get work. illegal aliens add to our burden by going on welfare. These people come to the United States because they cannot earn a decent living in their countries and they have heard that they can get good paying jobs here. Most of them are able to get work because unscrupulous employers have found that they can pay illegal aliens wages much lower than citizens or legal residents would have to accept and they threaten to turn them over to immigration authorities if the aliens complain about long hours. working conditions or the poor pay The problem is purely one of economics. If there were no jobs persons would not remain in this country illegally. but the only way to eliminate these jobs is to make it unprofitable for employers to hire them. As the chairman of the Subcommittee on Immigration and Nationality I have been able to make a full and careful study to this problem. Last year my committee wrote and approved legislation designed to deal with this matter. The measure was approved by the House of Representatives during the 92d Congress. but there was not enough time for the Senate to act. This proposal lays the blame where it belongs. on the mscrupulous employers who knowingly hire illegal aliens. in order to exploit them so profits will be greater. At the same time it takes into account the real possibility of an employer unknowingly hiring a person who is in the country illegally. For these reasons the sanctions for hiring illegal aliens become increasingly severe for repeated violations of the law. The first is a citation from the Immigration and Naturalization Service. There are no penalties. but the employer is put on notice that he must immediately and permanently discontinue the practice. The penalty for the second offense is an administrative fine of up to $500 for each illegal alien found working in a business or factory. All subsequent offenses would carry a fine of up to $1.000 and/or up to 1 year in prison for each illegal alien employed. As I stated before. Mr. Speaker. my committee believes the only way to end this problem is to make it unprofitable for the men and women who are making money because of it. For this reason. I now introduce this proposal: H.R. 3803 A bill to amend the Immigration and Nationality Act. and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That. section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended to read as follows: "SEC. 245. (a) The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General. in his discretion and under such regulations as he may prescribe. to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment. (2) the alien is eligible to receive an inunigrant visa and is admissible to the United States for permanent residence. and (3) an immigrant visa is immediately available to him at the time his application is filed. "(b) Upon the approval of an application for adjustment made under subsection (a). the Attorney General shall record the aliens lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made. and the Secretary of State shall reduce by one the number of the preference or nonpreference visas authorized to be issued under section 203 (a) within the class to which the alien is chargeable. or the number of visas authorized to be issued pursuant to the provisions of section 21 (e) of the Act of October 3. 1965. for the fiscal year then current. "(c) The provisions of this section shall not be applicable to: (1) an alien crewman. (2) any alien (other than an immediate relative as defined in section 201(b)) who has hereafter accepted unauthorized employment prior to filing an application for adjustment of status. or (3) any alien admitted in transit without visa under section 238(d)." SEC. 2. Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) is amended by deleting the proviso in paragraph 4 of subsection (a) and by redesignating subsection (b) as subsection (e) and adding new subsections (b). (c). and (d) to read as follows: "(b) (1) It shall be unlawful for any employer or any person acting as an agent for such an employer. or any person who for a fee. refers an alien for employment by such an employer. knowingly to employ or refer for employment any alien in the United States who has not been lawfully admitted to the United States for permanent residence. unless the employment of such alien Is authorized by the Attorney General: Provided. That an employer. referrer. or agent shall not be deemed to have violated this subsection if he has made a bona fide inquiry whether a person hereafter employed or referred by him is a citizen or an alien. and if an alien. whether he is lawfully admitted to the United States for permanent residence or is authorized by the Attorney General to accept employment: Provided further. That evidence establishing that the employer. referrer. or agent has obtained from the person employed or referred by him a signed statement in writing that such person is a citizen of the United States or that such person is an alien lawfully admitted for permanent residence or is an alien authorized by the Attorney General to accept employment. shall be deemed prima facie proof that such employer. agent. or referrer has made a bona fide inquiry as provided in this paragraph. The Attorney General of the United States shall prepare forms for the use of employers. agents. and referrers in obtaining such written statements if they so desire. and shall furnish such forms to employers. agents. and referrers upon request. "(2) If. on evidence or information he deems persuasive. the Attorney General concludes that an employer. agent. or referrer has violated the provisions of paragraph (1). the Attorney General shall serve a citation on the employer. agent. or referrer informing him of such apparent violation. "(3) If. in a proceeding initiated within two years after the service of such citation. the Attorney General finds that any employer. agent. or referrer upon whom such citation has been served has thereafter violated the provisions of paragraph (1). the Attorney General shall assess a penalty of not more than $500 for each such alien employed in violation of paragraph (1). "(4) A civil penalty shall be assessed by the Attorney General only after the person charged with a violation under paragraph (3) has been given an opportunity for a hearing and the Attorney General has determined that a violation did occur. and the amount of the penalty which is warranted. The hearing shall be of record and conducted before an immigration officer designed by the Attorney General. individually or by regulation. The proceedings shall be conducted in accordance with such regulations. within the constraints and requirements of title 5. section 554 of the United States Code which shall be applicable to the hearing provided for herein. as the Attorney General shall prescribe and the procedure so prescribed shall be the sole and exclusive procedure for determining the assessment of a civil penalty under this subsection. "(5) If the person against whom a civil penalty is assessed fails to pay the penalty within the time prescribed in such order. the Attorney General shall file a suit to collect the amount assessed in any appropriate .district court of the United States. In any such suit or in any other suit seeking to review the Attorney Generals determination. the suit shall be determined solely upon the administrative record upon which the civil penalty was assessed and the Attorney Generals findings of fact. if supported by substantial evidence on the record considered as a whole. shall be conclusive. "(c) Any employer or person who has been assessed a civil penalty under subsection (b) (3) which has become final and thereafter violates subsection (b) (1) shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1.000. or by imprisonment not exceeding one year. or both. for each alien in respect to whom any violation of this subsection occurs. "(d) (1) Any vessel. vehicle. or aircraft which has been or is being used in furtherance of a violation of subsection (a). or which has been or is being used by any person who for a fee refers or transports an alien for employment in furtherance of a violation of subsection (b). shall be seized and forfeited: Provided.