2. We Must Hold Employers Accountable For The Workers They Hire
In A Sharp Break From The Past, The Administration Is Addressing The Illegal Employment Of Undocumented Workers With A Tough Combination Of Criminal Prosecution And Forfeitures. Previously, worksite enforcement relied on a combination of administrative hearings and fines. The fines were so modest that some employers treated them as merely a cost of doing business, and employment of undocumented workers continued unabated.
The Number Of Arrests In Worksite Enforcement Cases Has Increased Dramatically During The President's Time In Office. There were more than 4,300 arrests in worksite enforcement cases for 2006, more than seven times the arrests in 2002. In addition, the two largest worksite enforcement actions in U.S. history were conducted last year by ICE.
In Fall 2005, The President Signed A Bill Doubling Federal Resources For Worksite Enforcement. In addition,the Administration has launched law enforcement task forces in 11 major cities to dismantle criminal rings that produce fake documents.
DHS Has Issued A Proposed "No-Match" Regulation To Assist Employers In Ensuring A Legal Workplace And To Help The Government Identify And Crack Down On Employers Who Knowingly Hire Illegal Workers. In cases in which an employer has ten or more employees with inaccurate information, the Social Security Administration (SSA) sends the employer a "No-Match" letter. DHS's proposed "No-Match" regulation clarifies that employers may be held civilly and criminally liable when a letter is sent and employers ignore the discrepancies between SSA databases and the information provided about their employees.
Comprehensive Immigration Reform Must Include The Creation Of A New, Tamper-Proof Identification Card For Every Legal Foreign Worker So Businesses Can Verify The Legal Status Of Their Employees. A tamper-proof card would help us enforce the law and leave employers with no excuse for violating it. We will also work with Congress to expand "Basic Pilot" – an electronic employment eligibility verification system – and mandate that all employers use this system.
3. To Secure Our Border, We Must Create A Temporary Worker Program
America's Immigration Problem Will Not Be Solved With Security Measures Alone. There are many people on the other side of our borders who will do anything to come to America to work and build a better life. This dynamic creates tremendous pressure on our border that walls and patrols alone cannot stop.
As We Tighten Controls At The Border, We Must Also Address The Needs Of America's Growing Economy. The rule of law cannot permit unlawful employment of millions of undocumented workers in the United States. Many American businesses, however, depend on hiring willing foreign workers for jobs that Americans are not doing.
To Provide A Lawful Channel For Employment That Will Benefit Both The United States And Individual Immigrants, The President Has Called For The Creation Of A Temporary Worker Program. Such a program will serve the needs of our economy by providing a lawful and fair way to match willing employers with willing foreign workers to fill jobs that Americans have not taken. The program will also serve our law enforcement and national security objectives by taking pressure off the border and freeing our hard-working Border Patrol to focus on terrorists, human traffickers, violent criminals, drug runners, and gangs.
The Temporary Worker Program Should Be Grounded In The Following Principles:
American Workers Must Be Given Priority Over Guest Workers. Employers should be allowed to hire guest workers only for jobs that Americans have not taken.
The Program Must Be Truly Temporary. Participation should be for a limited period of time, and the guest workers must return home after their authorized period of stay. Those who fail to return home in accordance with the law should become permanently ineligible for a green card and for citizenship.
Participation Should Fluctuate With Market Conditions. When the economy is booming, and there are not enough American workers available to help businesses grow, the program should be open to more participants. But when times are tough and Americans struggle to find jobs, the economy cannot and should not support as many guest workers.
