Speech #930041669

In addition. this section would allow natives of the Western Hemisphere to adjust their status without leaving the country. This relief is already available to natives of the Eastern Hemisphere and equity demands that such relief be made available to Western Hemisphere natives. Section 2 *establishes the method for imposing sanctions on employers who knowingly hire illegal aliens. In the first instance such an employer would be served a citation by the Attorney General advising him that he had apparently violated Federal law. If this same employer is found to have committed a second violation within 2 years after the service of a citation. he would then be subject to a fine of $500 for each illegal alien in his employ. Once a fine has been imposed and the determination becomes final. the employer would then be subject to a fine of $1.000 and/or 1year imprisonment for any subsequent violation. Section 3 of the bill would revise 18 United States Code 1546 relating to the counterfeiting and misuse of immigration documents. This section would specifically include border crossing cards. alien registration cards and other entry documents within this provision of title 18. The committee has diligently pursued every possible suggestion or recommendation in an effort to solve the problem of the illegal alien. I feel that the approach presented today. which is designed to remove the incentive for aliens to come to the United States illegally and for employers to exploit this source of labor. is feasible and fair. and I am convinced it will go a long way in alleviating this serious problem. This legislation embodies the conclusion that the primary reason an alien enters this country is to obtain a job and that the best method of attacking this problem is to eliminate the availability of employment by making the knowing employment of illegal aliens an unlawful act. The primary thrust of this legislation is twofold. first. to protect the job security of U.S. citizens and aliens eligible to work in this country and second. to eliminate the exploitation of illegal aliens by unscrupulous employers. The testimony during the hearings clearly indicated that illegal aliens by virtue of their unlawful status are often required to work harder. longer and often for less pay. In addition. illegal aliens are frequently denied overtime. vacation pay and a multitude of other fringe benefits to which they may be entitled. Moreover. the subcommittee last year learned that some employers continuously threaten the alien with exposure in the event he should complain about the substandard wages and working conditions. We are also informed that other employers have adopted the practice of turning such aliens in to immigration authorities just prior to pay day. thereby escaping their obligation to paythe alien his wages earned to that date. It is incumbent upon this committee to terminate these intolerable conditions which often surround the employment of illegal aliens. Furthermore. whatever sympathy one might possess for these underprivileged and unfortunate individuals we as U.S. citizens have a primary responsibility to protect the job security of all American workers. For these reasons and because present criminal penalties have not effectively deterred the entry of illegal aliens. I have consistently resisted any efforts to impose additional penalties upon such aliens. It is my belief that additional sanctions on these unfortunate individuals. who enter this country unlawfully for the sole purpose of sustaining themselves and their families. would not be humanitarian and will serve no useful purpose. The subcommittees earlier hearings were concerned with provisions contained in the administrations Omnibus Immigration proposalH.R. 2328. 92d Congresswhich would impose a $1.000 fine and/or 1year Imprisonment for the knowing employment of illegal aliens. However. during our hearings there was substantial opposition to subjecting an employer to a criminal penalty for a first violation as proposed in the administrations bill. Many witnesses felt that this approach would be too severe on the employer and would thus make some employers reluctant to hire members of ethnic or minority groups.