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Friday, May 26, 2006


Facts about Congressman Pence's Border Integrity and Immigration Reform Act
On Tuesday Congressman Pence unveiled a new immigration proposal, entitled the Border Integrity and Immigration Reform Act, in a speech at the Heritage Foundation in Washington D.C.

The following is a fact sheet about the Congressman's plan, which will be introduced in the House sometime in the next few weeks.

  • The bill follows a four-step process. First, it secures America’s border. Second, it does not provide any form of amnesty to illegal aliens. Third, it puts in place a guest worker program, without amnesty, that will efficiently provide American employers with willing guest workers who come to America legally. Finally, it imposes tough employer sanctions in order to ensure a full partnership between American business and the American government in the enforcement of our laws on immigration and guest workers.
  • The border security and employment verification and enforcement provisions of the bill are substantially identical to H.R. 4437, which passed the House of Representatives on December 15, 2005 by a vote of 239 to 182. The House-passed bill has been hailed as a major legislative triumph for the protection of America’s borders.
  • This bill eliminates the amnest issue from the debate. The twelve million illegal aliens currently estimated to be in the U.S. will be required to leave the U.S. in order to participate in the guest worker program, and they will not be provided with a path to citizenship. Illegal behavior will not be forgiven or rewarded.
  • The bill allows guest workers to come into America legally to work for an initial period of up to two years. After taking and passing an English class, the guest worker could receive visa renewals to stay for an additional four years. Guest workers will not be provided with a path to citizenship, although guest workers will not be precluded from applying for naturalization under America’s citizenship laws. If a guest worker applies for citizenship, he or she will be permitted to renew their guest worker visa during that process. Otherwise, applying for citizenship is a process entirely separate from coming to America for employment as a guest worker.
  • The bill sets forth a guest worker program that will work. It harnesses the power of the private market instead of relying on a failed government bureaucracy. Private worker placement agencies will be licensed to match willing guest workers with jobs in America. The private agencies will process the guest workers and collaborate with the FBI and Homeland Security to have background checks done on each guest worker. In one week or less, guest workers will have their applications processed, background checks performed, visas issued and be on the road to a job in America.
  • The number of guest workers will be limited. However, during the first three years of the program, the limit will be set by the private market and the needs of American employers. After three years, a limit on the annual number of visas will be determined by the Department of Labor, and it will be strictly enforced. Three years allows enough time for the illegal aliens in America to self-deport and make themselves legal workers. After that time, it is reasonable and appropriate to place a limit on the number of guest workers we invite into our country.
  • American employers will be subject to the employment verification system set forth in H.R. 4437. Therefore, employers will have a great incentive to use the guest worker program to fill employment needs. Also, with the implementation of the verification system, the job market for illegal aliens will dry up. With private agencies operating the guest worker program, it will be nimble and flexible enough to meet the needs of employers and guest workers. Therefore, illegal aliens will want to register with the private agencies because it will be the only way to get a temporary job in America. For this reason, illegal aliens in America will be motivated to self-deport so that they can come back legally.
  • A key component to the guest worker program is that the visas will be issued only outside of the U.S. All illegal aliens in America will have to leave the country in order to come back as a guest worker. Before being granted the visa or any renewals of the visa, the guest worker must be fingerprinted and pass a background check and health screening.
  • The visa will be in the form of a secure wallet-sized card which will contain electronic information including the location, employer and job the guest worker is coming to America for, as well as personal and biometric information about the guest worker. Also, U.S. employers will be required to verify the validity of the card held by each of their guest workers. The hiring of illegal aliens who did not come through the guest worker program will be subject to stiff penalties through the employment verification system. If a guest worker quits his or her job, commits a crime or otherwise disappears, then the visa card will be electronically cancelled and he or she will not be able to get another job, except if allowed by acting through the program.
  • Before posting a job opening with an agency, U.S. employers will be required to attest to prior attempts to fill the jobs with U.S. citizens. U.S. employers will pay taxes on the guest workers and comply with all U.S. employment laws. Guest workers will be permitted the ability to leave an employer and enter into new employment so that the guest workers will not be abused by employers
  • This plan is viable and will succeed. Illegal aliens currently in the U.S. will have a strong incentive to leave the country and participate in the guest worker program because the guest worker visa cards will be distributed only outside of the U.S. and the guest worker program, as administered by private agencies rather than a government bureaucracy, will be efficient and stable. In a short amount of time, an illegal alien will be able to return home and obtain a guest worker visa allowing for legal entry into the U.S. workforce. Employers in the U.S. for the first time will have the ability to hire legal guest workers through an efficient process to fill jobs that they cannot fill with American workers. Employers who do not participate in the guest worker program and hire illegal aliens will face stiff penalties.

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