Speech #970273265

In addition. the dramatic expansion of the programwith a likely tenfold increase in the number of workers admittedis unwarranted considering domestic levels of unemployment. Any guest worker program written into the law should more carefully account for conditions in the U.S. labor market and more closely attend to the problem of poor working conditions. Legalization of current illegal aliens is the only practical and humane solution to a staggering enforcement problem. as the authors of this legislation have recognized. However. the various restrictions in H.R. 7357 contradict the intent of the legalization program and leave many aliens in a legal limbo. Workers in the United States since 1977 could be permanent legal residents. but would be denied public assistance benefits for 3 years. Those here since 1980 could be temporary legal residents. but would be denied benefits for 6 years. All of these legalized aliens. however. would be fully liable for taxes. The purpose of legalization is to bring illegal aliens into the mainstream of society. abolishing a permanent underclass. Unfortunately. the legalization restrictions in H.R. 7357 would only perpetuate it. Whatever the flaws of H.R. 7357. they pale in comparison with the draconian provisions of its companion bill. S. 2222. S. 2222. for example. strips the Federal courts of their role in reviewing asylum and refugee cases. Judicial review of Government action. regardless of an affected individuals status. has always been and must continue to be an essential feature of our legal system. In addition. S. 2222 overhauls the preference system for legal immigration. limiting the admission of the "nonimmediate" relatives of citizens. As a member of the Commission on Security and Cooperation in Europe. I am concerned that these provisions run counter to the principle of family reunification underlying our immigration laws and the Helsinki accords of 1975. our most important international human rights agreement. In coming to grips with the very real shortcomings of our current immigration policy. we must address the problem of border enforcement. There is no possibility that illegal immigration can ever be curbed unless the long stretches of our border that are currently unpatrolled are monitored. The Immigration and Naturalization Service. charged with enforcing immigra. tion laws. is the most notoriously underfunded of our Federal agencies. H.R. 7357 includes a vague senseofCongress provision on increased enforcement funding. but no actual authorization. Given its lack of resources. we find that the INS enforces immigration laws the cheapest way It canunfortunately. the cheapest way is neither effective nor humane. For example. the overwhelming majority of those rounded up and deported during the "Operation Jobs" crackdown had crossed the border and were back at work within days. In addition to better border enforcement. an alternative to employer sanctions would be better enforcement of minimum wage and fair labor standards laws. By ameliorating the substandard conditions in which illegal aliens are compelled to work. we can reduce the economic incentives to hiring illegal aliens. and put alien smuggling operations out of business. Finally. no immigration reform can be considered in a foreign policy vacuum. Mexicos economic difficulties must be recognized as the major cause of illegal immigrationa cause that has grown even greater in importance with the recent devaluations of the peso. The impact of changes in our immigration laws on the political and economic stability of our southern neighbor and third largest trading partner will be felt by our own economy. Yet we have not fully consulted the Mexican Government on the pending legislation. The "push factors" leading to increased immigration cannot be ignored. The only effective longterm answer to the problem of migrant and refugee flows is economic development of our poorer neighbors. along with the vigorous promotion of human rights in other countries. I oppose H.R. 7357 in its present form. and will support amendments that address the concerns I have outlined.o