Speech #1090135524

That does not pass the commonsense test. Lets look at qualifying for Social Security for aliens who are here illegally. The bill does not prohibit illegal aliens from getting credit for the money they put into the Social Security system if they worked in the United States illegally. Immigrants here illegally who paid Social Security taxes using a stolen Social Security number did not do so with the expectation that they would ever qualify for Social Security benefits. They paid those taxes solely as a cost of doing their job. They never paid into the system with a reasonable expectation that they would receive any benefits. People who have broken the law should not be able to collect benefits based upon unlawful conduct. Their conduct has caused damage to countless numbers of American citizens and legal immigrants. Because of breaking our law. the victims are faced with Internal Revenue audits for unpaid taxes. Americans have trouble finding their own jobs and are left to reclaim the credit and clear up their personnel information. The Enzi amendment would have taken care of this. but it did not pass. Our Members. again. gave up an opportunity of having this legislation meet another commonsense test. Employers get a criminal pardon for hiring illegal aliens under this bill. Not only does this bill legalize people who are here illegally. it is going to pardon employers who committed criminal activity in hiring illegal aliens in the first place. The bill says employers of aliens applying for adjustment status "shall not be subject to civil or criminal tax liability relating directly to the employment of such aliens." That means a business that hired illegal workers now gets off Scottfree from paying the taxes they should have paid. This encourages employers to violate our tax laws and not pay what they owe the Federal Government. Why should they get off the hook? What damage are we doing. once again as we did in 1986. in ignoring the breaking of law. giving amnesty and encouraging further disregard for the law in the future? In addition to not having to pay their taxes. employers are also off the hook for providing illegal aliens with records or evidence that they have worked in the United States. The employers are not subject to civil or criminal liability for having employed illegal aliens in the past or before enactment. Then fines for failing to depart. for aliens illegally in this countrythose in what the bill calls the second tier who have been here for a period of time. from 2 years to 5 years. they must depart and reenter. If an alien doesnt depart immediately. they face a fine of $2.000. If they dont leave within 3 years. they get a $3.000 fine. These fines are not incentives for aliens to leave. They could then live in the United States for up to 3 years without facing deportation. There is no requirement for them to leave immediately. Take a look at that subtlety in this legislation. If you want to be satisfied with paying a $3.000 fine. you can stay here an additional 3 years illegally. and we presumably know that you are here illegally. The secondtier employment requirementsthese illegal aliens also have to prove that they have been working in the United States since January 7. 2004. They can prove it by attesting to the Federal Government or an employer. not necessarily the one that employed them. They can also get around the requirement by providing bank records. business records. sworn affidavits. or remittance records.