Speech #930041658

H.R. 982 is an almost identical bill to that which passed the House in the 92d Congress. only slight changes of a "cosmetic" nature have been made by the Committee on the Judiciary. I support this bill as a carefully drawn and reasoned measure directed at a most complex and troublesome problemthe presence in our country of 1 to 2 million aliens who are illegally employed. The objective of H.R. 982 is to dry up job opportunities for illegal aliens by imposing sanctions upon employers who knowingly employ illegals. However. the bill has been carefully drafted to protect the employers who make a sincere effort to ascertain whether job applicants are eligible under our immigration laws. It is a reasoned and moderate measure because it provides for a threestep enforcement procedure beginning with what amounts to a warning to the employer for the first. perhaps inadvertent offense. yet subjects the unscrupulous repeater to severe penalties. The problem of illegally employed aliens is a complex one. and a serious one. It has severe consequences for the U.S. economy: First. raising our unemployment rolls as illegal aliens take jobs which should be filled by U.S. citizens and permanent resident aliens. second. contributing to our dollar drain as the illegally employed aliens send money out of the United States. and third. adding to the cost of our public welfare and health services as the illegal aliens sometimes are found on relief rolls. The cause of the illegal alien problem is that the United States of America is still the promised land. Other countries--Mexico in particularare comparatively poor. The lure of America. and of American jobs. in this situation is strong. and it will remain strong for aliens everywhere in the world after we have adopted this bill. However. hopefully the sanctions provided in this bill will preserve available job openings for U.S. citizens and eligible aliens. thereby discouraging the illegal alien from entering this country illegally. For the illegal aliens the consequences are. all too often. exploitation by unscrupulous employers who underpay. deny benefits. overwork and abuse the defenseless aliens. Currently the law provides that an alien who enters the United States at a time or place other than designated by the Immigration Service. or who eludes examination or inspection. or obtains entry by a willful. false or misleading statement or concealment of a material fact. shall be guilty of a misdemeanor and subject to up to 6 months imprisonment and $500 fine for the first offense. Our committee found that this provision of law is rarely invoked. Because of the humanitarian factors involved and the large number of aliens against whom the law could be applied. the law enforcement officers and courts have generally refused to prosecute. in lieu thereof. when aliens are apprehended they customarily are granted voluntary departure by the Immigration Service. In order to discourage j obseeking in the United States by illegal aliens we are. in H.R. 982. for the first time. applying sanctionsfirst civil and then criminalto the American employers of these aliens not eligible to work. This applies not only to the big corporate employers. but also to housewives who hire a cook or maid. to large and small retail establishments. and to farmers and ranchers. However. the bill provides that employers who make a bona fide effort to determine if the prospective employees are entitled to work in the United States shall not be subject to civil or criminal liability. For those who do violate the law. the first offense will bring a warning in the form of a citation. A second offense for the employer who with full knowledge employs illegal aliens will bring a civil fine. For the unscrupulous employer who repeatedly flouts the law. the penalties can be severea fine of $1.000 or 1 year imprisonment. or both. for each alien illegally employed. Provision is also made in H.R. 982 for the forfeiture of vehicles used in smuggling and transporting illegal aliens. These forfeiture sections are felt to be essential to the objectives of the bill. Many illegal aliens reach this country in modified personal cars and trucks which have been altered to provide hidden compartments for the concealment of aliens. The forfeiture of such vehicles will constitute an additional economic penalty for the smuggler and transporter of illegals. The present law provides for penalties up to $2.000 in fines or imprisonment up to 5 years for each alien. for bringing in. transporting. concealing. or harboring illegal aliens. So with the enactmei . of this law. the consequences for the employer who knowingly and willfully exploits the illegal alien can be very severe. There is another group of aliens who have contributed to the unemployment problem by taking jobs from U.S. citizens. These are the nonimmigrants. the visitors and students who are admitted legally but then take unauthorized employment. The committee in extensive hearings heard no knowledgeable testimony as to the number of "legal aliens" who illegally take employment. but the number is not small. The nonimmigrant visitor or student who does take an unauthorized job violates his status. and when discovered. is subject to deportation. However. H.R. 982 adds another sanction. The privilege of adjusting status. from nonimmigrant to immigrant. while in the Unitcd Statesprovided a visa is available ana uie alien is otherwise qualifiedis denied the nonimmigrant who has violated his status by taking employment. Mr. Chairman. some persons have attacked this bill as discriminating. alleging that fear of the penalties provided will cause employers to avoid employment of all aliens and persons foreign in appearance and speech.