Reply from Dick Durbin:
Dear Mrs.
Thank you for your message regarding immigration reform. I appreciate hearing from you.
Our nation faces a host of problems as a result of decades of inattention to our immigration policies. There is plenty of blame to go around for the breakdown of our immigration system, but it is clear that the federal government must act to fix it. I have seen the pressing economic concerns that face America's workers and taxpayers as a result of illegal immigration. Congress must act to reform our immigration system comprehensively, and we must do so in a way that is tough but fair and consistent with our moral values.
There are a number of important steps we must take as part of this reform. We must strengthen the integrity of America's borders through the use of advanced detection technology, increased manpower and resources for our Border Patrol, targeted border fencing, and the prosecution of illegal smuggling networks. We must devote significant additional resources to our immigration enforcement agencies, which are overwhelmed and underfunded. We must create an electronic verification system that will rapidly inform employers as well as enforcement agencies of whether a prospective employee is authorized to work in this country. And we must hold employers accountable when they hire unauthorized immigrants, in order to eliminate the incentive for employers to hire undocumented workers and for foreigners to migrate illegally.
Along with these strong enforcement steps, immigration reform must address the estimated 12 million undocumented immigrants who already live in the United States. Illegal immigrants have, by definition, broken our nation's immigration laws, and they must be penalized for having done so. However, as the President has said, mass deportation is not a realistic option. Immigration enforcement agencies work hard every day, prioritizing the pursuit of immigrants who are violent criminals, gang members, or security threats. These enforcement agencies must be given more resources, but even so it is simply not feasible to round up and deport the entire undocumented population.
While many categories of undocumented immigrants must be and will continue to be prioritized for deportation, American workers will benefit if we give certain immigrants the chance to earn legal status. Undocumented immigrants are currently working in many industries for lower wages than American workers have received. Frequently, these immigrants work off the books completely, with neither the employer nor the employee paying taxes. This underground economy has had a negative impact on American workers, particularly in industries such as construction, landscaping, and manufacturing. It is urgent that we protect American workers from unfair competition in these situations.
Because it is not feasible for all undocumented workers to be deported, we are faced with the choice of either leaving the remaining immigrants in the underground economy or giving them an opportunity to earn legal status. Given this choice, the better approach is to bring the remaining immigrants out of the shadows and allow those with appropriate qualifications to obtain legal status if they pay fines, pay any back taxes they owe, have no criminal record, learn English, and go to the back of the line behind legal immigration applicants. If they obtain legal status, these immigrants will be governed by wage and labor laws so that employers will no longer have an incentive to pass over American job seekers in favor of lower-earning and easily-exploited immigrants. This will help end the black market of illegal labor that hurts American workers, and the monies paid in by these immigrants will ease the burden on America's taxpayers.
I voted in favor of S. 2611, the immigration reform bill that passed the Senate in 2006. This bill offered a comprehensive framework to enhance border security and enforcement, to create an employment verification system, and to address the current undocumented population. While the bill was far from perfect, it would have represented a significant improvement over the status quo. While the bill passed the Senate, it did not pass the House and did not become law. As the 110th Congress considers new legislation, I will continue to support a comprehensive approach to immigration reform.
Numerous amendments were considered during the Senate's debate on S. 2611. My votes on these amendments were guided by two main principles. First, I am concerned about the potential impact of proposed temporary guestworker programs on the American workforce. In contrast to those immigrants who are already here and actively engaged in our workforce, guestworker programs would bring in a large future flow of immigrant workers. In many industries, the assured availability of large pools of foreign guestworkers will give employers an incentive to pass over future American job applicants in favor of foreigners willing to work for less pay and benefits. Consequently, I supported amendments to eliminate or restrict guestworker programs in the bill.
Second, I supported amendments that sought to treat in a humanitarian fashion those immigrants who achieve legal status. I voted against amendments seeking to impose continuing penalties on immigrants after they have paid their dues and obtained legalized status under the bill. I also voted for amendments that ensured legal protections for asylum applicants and other vulnerable immigrant populations. We can secure our borders, protect our workers, and still accept for humanitarian reasons those who may lose their life or freedom if we turn our backs on them.
There is no perfect solution to the problems we face as a result of our broken immigration system. I recognize that the immigration debate has created strong opinions on all sides, and I appreciate your sharing your views with me. I am working in good faith to pursue a balanced package of reforms that will protect American workers and that will be tough but enforceable, economically sensible, and morally fair. I will keep your views in mind as I continue to work toward those goals.
Sincerely,
Richard J. Durbin
United States Senator