Speech #1100051667

I think we have to focus on what we do at the workplace. I think we need to implement a smart worksite enforcement system. smart and tough. The primary reason for illegal immigration. as I stated. is employment. If we eliminate a persons ability to unlawfully gain employment. then we will dramatically reduce the incentive for illegal immigration. This bill includes several measures that enhance our ability to enforce immigration laws at the workplace: increasing penalties on employers who knowingly hire illegal immigrants. requiring DHS to issue a tamperresistant work authorization document with biometric information. allowing the Commissioner of Social Security to share information with DHS so they can go after those who use fraudulent Social Security cards to gain employment. creating an employment eligibility and verification system that requires employers to electronically verify a prospective employees work authorization. The robust worksite enforcement system included in this bill fixes a huge hole in our current system and should curtail the use of false documents to fraudulently obtain employment. Now lets look at the immigration system reforms. The most significant immigration reform this bill makes is the implementation of a meritbased immigration systemand this is a big shiftto choose the best and the brightest of those coming into our country. This doesnt mean we should only allow rocket scientists or brain surgeons. but education is and should be a factor. The meritbased system under the bill does that. It sets up a system in which immigrants can earn points in four categories: education. employment. English proficiency. and family. In addition to the meritbased system. this bill ends chain migration for extended family. while preserving family unification for the immediate family. I think that is an important distinction. that we want family reunification for immediate. nuclear family. but we dont want the chain migration system for extended family members. This is an important change. I am one of the staunchest supporters of family in the Senate. I dont think our immigration system should blindly favor. though. nonnuclear families such as siblings and adult children over skilled workers who are coming to apply their trade and contribute to our economy. It seems to me this is an appropriate balance. Throughout this bill. what we are trying to accomplish Is an appropriate. workable balance for the good and the future of this Nation. On the temporary guest worker program. once we are able to secure the border and implement worksite enforcement enhancements. we need to reform our immigration s~istem to create sufficient legal means for wellmeaning workers to come to our country and to work. The temporary guest worker program in this bill does that. while at the same time protecting American workers and wages by: requiring employers to advertise jobs to U.S. workers first. requiring employers to advertise pay. a wage equal to that of an average wage for the particular job or industry. particular in that region of the country. and prohibiting a temporary guest worker from working in a county that has 7 percent unemployment or higher. I think there are some important changes that need to be made in the bill. As 1 have said. the compromise bill before us does a lot of good. but I think it is far from perfect and needs improvement. To give some examples. section 601(h) of the bill gives certain immigration benefits to undocumented immigrants who seek "probationary" status. and states that an undocumented immigrant can obtain no probationary benefits until the alien has passed all appropriate background checks. or until the next business day. whichever Is sooner. So you have a 24hour check period. That is insufficient. if they want to look into the background of an individual seeking this probationary status. I will seek to change that particular provision. The impact of this provision is that 12 million or more undocumented immigrants could receive lawful status. the right to work. and other such benefits even if a background check cannot be completed in time. I think the problems with this provision are significant and obvious. First. in a post9/1l world. it is misguided at best and dangerous at worst to grant millions of people unlawfully present in the United States lawful status. even if a background check has not been completed.