Cornyn: We Must Bolster Worksite Enforcement; Key Part of Immigration Reform

Cornyn: We Must Bolster Worksite Encforcement; Key Part Of Immigration Reform
Cornyn chairs hearing to highlight flaws in immigration bill that repeat 1986 amnesty mistakes

"In 2003, ICE devoted only 90 full-time equivalent employees to worksite enforcement . . . we cannot control illegal immigration if we cannot stop illegal employment."

U.S. Sen. John Cornyn (R-Texas), chairman of the Immigration, Border Security and Citizenship subcommittee, made the following statement Monday at a hearing he chaired titled: Immigration Enforcement at the Workplace: Learning from the Mistakes of 1986.

The hearing explored the need to avoid repeating the mistakes of the 1986 amnesty in any future immigration reform proposals as well as other steps the Department of Homeland Security can take immediately to implement enforcement of immigration laws at the workplace. The lack of adequate workplace enforcement was one of the key reasons the 1986 immigration bill failed.

Over three weeks ago, the Senate passed the Comprehensive Immigration Reform Act of 2006. That bill contains fundamental flaws, and I voted against its final passage.

But I also recognize that the Senate bill reflects a comprehensive approach to immigration reform. I have consistently advocated comprehensive reform, and I believe that if we can get to conference then we can improve the Senate bill.

And while the differences between the House and Senate immigration bills are numerous, we need to roll up our sleeves and get to work on finding common ground. There really is no other option. I invite anyone who thinks this issue can wait to come down to Texas and see first-hand how illegal immigration is affecting my home state's schools, hospitals and criminal justice system.

The legislative history of the 1986 Immigration Reform and Control Act — the floor debates and committee reports — reveal how similar the current immigration reform debate is to the one 20 years ago.

Americans were assured then that there would be a "one time" amnesty, and that better enforcement - including a system to prevent undocumented workers from obtaining employment in the United States - would reduce the flow of illegal aliens into our country.

We are now asking the American people to accept the same bargain today, and the cornerstone of this deal is a new electronic employment verification system.

Unfortunately, the Senate has conducted almost no open debate regarding the new employment verification system. Not a single amendment was debated or voted on during the Judiciary Committee mark-up, and less than an hour of Senate floor time was devoted to this issue.

This concerns me not only because I see worksite enforcement as the critical means by which we can reduce illegal immigration, but also because the Secretary of Homeland Security told me that several provisions in the Senate bill would make the system unworkable.

The government is not the only one to express concerns regarding the current proposal. Some groups have expressed concern that an electronic verification system would increase opportunities for employers to discriminate against employees.

Business groups, meanwhile, have also expressed concern with the Senate proposal. Under the Senate bill, an employer might not receive confirmation of a worker's status for up to 50 days. That lengthy waiting period yields two results - a loophole for unscrupulous employers and a prolonged period of uncertainly for law-abiding employers.

We have a diverse group of witnesses today, including current and former government officials, and I am optimistic that their testimony today will allow us to explore those issues in an open setting and to build momentum for conference with the House.

But a perfect verification system accomplishes nothing if we are not committed to enforcing the law against those who don't comply. And the government's track record on employer sanctions doesn't inspire confidence. In 1999 there were 2,849 worksite arrests for immigration violations. By 2004, that number had dropped to 159.

And in 2003, ICE devoted only 90 full-time equivalent employees to worksite enforcement. Let me repeat that - 90 employees to enforce laws that apply to every employer in the United States.

It is no wonder that many employers view enforcement as a remote possibility and any civil penalties as a cost of doing business. And it is also no wonder that many Americans are skeptical that the federal government is serious about enforcing the laws.

As we discuss these technical issues, we must not lose sight of the bigger question: will this new electronic system eliminate the magnet of illegal employment? It is my belief that we cannot control illegal immigration if we cannot stop illegal employment.

This hearing will explore these issues and it is my hope that we will be in a better position to improve the legislation during a conference with the House.

http://cornyn.senate.gov/index.asp?f=record&lid=1&yid=1&rid=237208&pg=1