Speech #1090136076

They also have to pay a $2.000 fine as well as other processing fees. Those who have been in this country since January 7. 2004. and have been employed since that time may apply for status called deferred mandatory departure which would allow them to remain In this country for an additional 3 years. During that time. these individuals can apply for immigrant or nonimmigrant status. but ultimately they must leave the country in order to be admitted under that legal status. These hurdles are high and a far cry from amnesty. They strike the proper balance in punishing those who came here illegally and addressing the problems of some illegal aliens in the country. One of the original provisions of S. 2611 about which I had significant reservations was the originally proposed H2C guest worker program. It would create a new visa categoryproviding visas for hundreds of thousands of lowskilled workers each year. I understand the argument that this new program is a way to regulate and hopefully slow the flow of illegal aliens who will continue to cross our borders. but I was concerned about immediately implementing the program as it was originally drafted. I believe. however. that it has been vastly improved by the amendment process here on the floor. Senators DORGAN and STABENOW were the first to note the flaws in this program during debate on their amendment to eliminate the program. an amendment which was tabled. Further amendments. however. fix many of these flaws. I wish to commend Senator BINGAMAN for his amendment. which passed. that reduces the number of H2C visas allotted annually to 200.000 and eliminates the provision that would allow this number to automatically increase in future years. This amendment provides some needed limitation on the H2C program until we see how all the provisions of S. 2611 are working. I also wish to commend Senator OBAMA for offering his amendment. which was accepted and which provides adequate requirements for the wages offered to H2C visa workers. One of the greatest challenges of allowing lowskilled workers in this country is balancing their needs with the needs of the American labor force. Over the past 32 months. real average hourly earnings have fallen by 1.2 percent. Without adequate protections. an influx of workers who will accept lower wages risks bringing down the wages and working conditions of everyone. I also worry that companies will use this visa program as a recruiting device for cheap labor rather than truly offering opportunities to individuals who want a better life in the United States. Senator OBAMAs amendment will work against those dangers. and I am pleased it was included. I must state that I continue to have one concern about this programthe bilateral agreement. For our immigration system to truly work. it is critical that the United States have cooperation regarding enforcement with countries and citizens flocking to this country. I was. therefore. pleased to find that S. 2611 requires the United States to enter into bilateral agreements on numerous issues. including taking back aliens removed from the United States. document forgery. smuggling. human trafficking. and gang membership. However. this bill does not state that these bilateral agreements must be completed before the H2C program is established.