Speech #1090139011

Mr. President. I wish to speak to the very important issue of interior worksite enforcement in the context of the debate over comprehensive immigration reform legislation. One of the most important elements of this bill. that is crucial to the successful implementation of the guest worker and earned legalization programs. is interior worksite enforcement. Only a serious commitment to enforcing our immigration laws against employers who knowingly hire illegal immigrants will actually deter illegal immigration because the number one reason people enter the United States illegally is to find a job. Looking back on the history of immigration reform. one of the key elements that has been missing. and is still missing. is successful interior enforcement. However. thanks to hard work of Senators GRASSLEY. OBAMA. KENNEDY. and BAUCUS. this bill contains worksite enforcement that can work. The original language in the underlying bill. S. 2611. concerned me in several ways. particularly with respect to certain contractor liability provisions that would have created a de facto "rebuttable presumption" for contractors whose subcontractors hired undocumented immigrants. even if the principal contractor had no knowledge of such hiring. In essence. the contractors would be guilty until proven innocent. even if the offense of hiring unauthorized workers was committed without their direct knowledge. Before I continue. let me be clearI am in full support of cracking down on employers who knowingly hire unauthorized workers because doing so is the key to having a lawful and successful immigration system. However. we should not cast the net so broadly that innocent contractors are punished for the independent actions of a subcontractor. It is somewhat clear that the contractor liability provisions in the underlying bill were targeted at "bad actor" construction contractors. but I interpret the legislation to impact all employers. not just those in construction.