Speech #990275241

Such constitutional protections are applicable to persons conducting businesses in office buildings and it is not apparent why persons conducting businesses in fields are any less deserving of this basic constitutional benefit. The committee amendment merely requires that an INS enforcement officer may not enter an outdoor agricultural operation for the purpose of questioning an alien without the consent of the owner or without a search warrant. Let me point out specifically what the amendment does not do: It does not require a warrant in other cases relating to the arrest of an alien who appears to be in violation of the Immigration and Nationality Act and is likely to escape before a warrant can be obtained. it does not address warrantless entry to apprehend those workers committing a felony. nor would the committee amendment prevent INS officers from entering property within 25 miles of our national borders. This amendment is particularly important to the agricultural community because it will ensure that. in the future. unlike the past. farming operations will not be disrupted by broadscale. random raids. Work stoppages are very costly to the farmer. especially when crops need harvesting in a timely manner. Additionally. the Committee on Agriculture has learned of numerous cases in which agricultural employers and employees have been unduly harassed by INS enforcers to the extent that some workers and. in some instances their children. have had their lives jeopardized. Based on data available to the U.S. Department of Labor. it is estimated that most of the 2 to 5 million undocumented aliens in this country are in the labor market. Since. according to the Attorney General. only 15 percent of these aliens work in agriculture. it is obvious a majority of these aliens are employed in other businesses. Yet. agriculture is receiving the lions share of INS raids. For example. of the 110.000 undocumented workers apprehended by the INS last year. 72 percent were employed in agriculture. It is clear to the committee that farmers and ranchers and their employees are receiving a disproportionate share of INS scrutiny and that INS is focusing its search and seizure activities in a business which is the easiest to access. the one business that requires no search warrant. Two provisions of H.R. 3810 should deter hiring of undocumented aliens. H.R. 3810 makes it unlawful for any person or entity. including a farmer. to hire an unauthorized alien. Stiff penalties are imposed for each alien hired in violation of the act.