Speech #1000146230

There is also an understanding that these policies will be followed throughout the SAW application period. which ends December 1. 1988. Fifth. in the conference report language it is suggested that the INS issue a formal policy statement clarifying its position with respect to the obligations of employers of seasonal agricultural workers during the SAW application period. The conferees suggest that the statement should indicate that the INS will not seek penalties from employers of undocumented seasonal agricultural workers or for the failure to complete the 19 form for such workers prior to November 30. 1988. The statement should also indicate that the INS will not seek retroactive liability for such acts occurring during the application period. The conferees have strongly encouraged employers to comply with the intent of the new immigration law that employers complete the 19 process. This could be a useful method to determine whether job applicants are SAWeligible and to encourage them to apply for legal status. I believe these policies in the continuing resolution fulfill the original intent of the Immigration Reform and Control Act and set a positive framework for implementation of the Special Agricultural Worker Program during the remaining months of the application period. Much hard work remains for those groups. including the qualified designated entities. assisting aliens with their SAW applications. Also the spirit with which the INS follows the policies agreed to in the continuing resolution and their level of cooperation with those groups working to prepare applications will be critical to the success of the program. On a related matter. I want to express my disappointment that the conferees were not able to agree to a House provision prohibiting deportation of a spouse or children of any person who qualifies for amnesty or SAW status. It is cruel policy which threatens to separate families even after a father or mother qualifies for legal status. yet currently thousands of people who qualify for legalization have this threat hanging over their head. My hope is that we can act quickly in the new year to make badly needed changes in this area of the new immigration law. Finally. I would like to thank Commissioner Nelson and his staff for their help and cooperation on these issues.