Issa Backs Employer Verification Plan

Issa Backs Employer Verification Plan

December 8, 2005 -

Washington, DC - The House Judiciary Committee, today, voted 23 to 15 to approve sweeping border and immigration security legislation mandating that employers use an employment eligibility verification system to prove legal residence of job seekers, stiffer penalties for criminal aliens and alien smugglers, and other measures to enhance border region security.

"This legislation makes common sense reforms that will require all employers to verify that job applicants are in the U.S. legally and eligible to work," said Rep. Darrell Issa. "Employers who violate this provision will face stiff fines. The verification system means the ‘I didn't know' defense isn't going to cut it anymore."

H.R. 4437, The Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 includes provisions authored by Rep. Issa that create stringent minimum sentences for aliens illegally present who have been previously deported, aliens with past criminal records, and those who engage in the smuggling of aliens.

"This provision will hand prosecutors a simple tool to put dangerous illegal aliens and repeat immigration violators behind bars," said Issa. "Minimum prison sentences for repeat offenders will create a deterrent to those who would flaunt our immigration laws."

Some Highlights of H.R. 4437:

· Combat Hiring of Illegal Workers - Institutes an employment eligibility verification system in which employers will check the Social Security numbers and alien identification numbers provided by employees against Social Security Administration and Department of Homeland Security (DHS) records in order to weed out fraudulent numbers and ensure that their employees are not working in the U.S. illegally. Modifies provisions from H.R. 19 introduced by Rep. Ken Calvert (R-Calif.) by building upon a voluntary pilot program currently in use. Increases civil and criminal penalties for knowingly hiring or employing an illegal worker.

· Increase Penalties for Aliens Reentering Illegally - Incorporates H.R. 3150, introduced by Rep. Darrell Issa (R-Calif.) that would stiffen penalties, including establishing mandatory minimum sentences, for aliens who reenter the United States after having been removed.

· Increase Penalties for Alien Smuggling - Under current law, individuals convicted of alien smuggling crimes often receive lenient sentences. These provisions introduced by Rep. Darrell Issa (R-Calif.) would greatly increase criminal penalties for alien smuggling by establishing mandatory minimum sentences, among other things. These provisions were recommended by a panel of border-area U.S. Attorneys to make it easier to deport smugglers and illegal entrants.

· Crackdown on Alien Gang Members - This provision incorporates H.R. 2933, introduced by Rep. Randy Forbes (R-Va.). This provision would render alien street gang members inadmissible and deportable, and authorize the Attorney General to designate groups or associations as criminal street gangs if they meet certain criteria. Also mandates the detention of alien street gang members and bars alien gang members from receiving humanitarian benefits.

· Aggravated Felony Provisions - The provisions would make aggravated felons inadmissible and would bar refugees and asylees with aggravated felony convictions from receiving green cards.

· Cooperation between Border Sheriffs and Federal Law Enforcement - Based upon Rep. Culberson's (R-Tex.) "Border Law Enforcement Act of 2005" (H.R. 4360), authorizes and reimburses local sheriffs in the 29 counties along the southern border to enforce the immigration laws if authorized under a separate written agreement pursuant to section 287(g) of the Immigration and Nationality Act (INA), and to transfer illegal aliens to federal custody. It also specifically reimburses those Sheriffs for costs associated with detaining illegal aliens whom they arrest until they are able to hand them over to federal authorities. This provision deems aliens in Sheriffs' custody to be in federal custody once determined to be in an unlawful status.

· Increasing DHS Authority for Long-Term Detention - The U.S. Supreme Court has limited DHS's ability to detain dangerous aliens with decisions that have forced hundreds of dangerous aliens, such as murderers, to be released into American communities. One alien released because of these Court decisions later shot a state trooper in the head. This change would amend the INA to allow for continued detention of aliens who pose a threat to Americans.

· Renewing DHS Authority to Use Reinstatement of Removal Process - In Morales-Izquierdo v. Ashcroft, the Ninth Circuit recently invalidated DHS reinstatement of removal regulations, which allows DHS to remove an alien previously deported by simply reinstating the alien's prior order of removal. The House Judiciary Committee has been told that this procedure was used in some 90,000 cases last year, and the Ninth Circuit's decision affects 40% of removals in the Ninth Circuit. This amendment to the INA would clarify DHS's authority to reinstate orders.

· Barring Terrorist Aliens from Naturalization - This provision bars aliens who are terrorists or security risks from becoming U.S. citizens.

· Deportation for DUI - Render multiple DUI offenses a deportable offense for aliens.

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