Speech #1090138748

If there is evidence of fraud in the application. or if there is evidence of crime. that will be provable by evidence outside the scope of the application. There is another aspect of the confidentiality. that is. the confidentiality or safe harbor which applies to the employer. When the immigrant makes an application. there is material which has to be supplied by the employerillustrative of which is a check stub. which authenticates that the applicant has a job. Now. the confidentiality applies to what the employer provides as well. The safe harbor or confidentiality protects the employer so the employer does not run the risk of providing some information which ends up on the application. then is disclosed. that could be used against the employer in a variety of contexts. Now. it is possible that the amendment by the Senator from Texas could be adopted and that aspect could be cured in conference. But it is my thought. after reflecting on it considerably. that the issues ought to be weeded out and resolved in conference as opposed to having the adoption of the Cornyn amendment. The value of confidentiality to encourage the immigrant to make full disclosure. and the value of confidentiality that the employer has. outweighs the advantages which the Senator from Texas articulates. And when the immigrant is faced with a situation where the confidentiality ends at some pointit is hard enough for Senators and experienced lawyers to figure it all out. and expecting an immigrant to be able to figure it outI think the consequence for the immigrant will be to be hesitant and unwilling or chilled. if you will. to provide all the information. My sense is that our system will work better if there is no ambiguity or no uncertainties to the confidentiality being maintained throughout the entire process beyond when the application and appeals have all run out. But this is an important issue.