Thank you for your message regarding immigration reform. I appreciate hearing from you.



Our nation faces a host of problems as a result of years 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.



We must include a number of important elements in this reform. First, we must make our borders more secure. Each year, approximately 800,000 people cross the border illegally. We can strengthen the integrity of America's borders through the use of advanced detection technology, increased manpower and resources for our Border Patrol, and the prosecution of illegal smuggling networks. We also must place a priority on charging or deporting those who are violent criminals, gang members, or other types of security threats. There is broad agreement that immigration reform legislation should include an additional $4.4 billion in immediate funding to ensure effective border surveillance and workplace enforcement.



Second, we must ensure that employers face real consequences if they knowingly hire illegal immigrants. One important step for better enforcement of the law is the creation of 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.



Along with these strong enforcement steps, the third element of immigration reform is addressing the estimated 12 million undocumented immigrants who already live in the United States. American workers will benefit if we give immigrants who are not violent criminals or security threats a chance to earn legal status. Today, employers can too easily exploit the vulnerability of undocumented immigrants, who can be paid 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 hold employers accountable and protect American workers from unfair competition for jobs.



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. It is simply not feasible to round up and deport the entire undocumented population. We are therefore faced with the choice of either leaving the remaining immigrants underground 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.



The Senate is currently considering an immigration reform bill that contains many of these elements. Numerous amendments have been considered, and more amendments will be offered as the Senate continues its debate. I will not make a final judgment about the legislation until all of the major amendments have been considered.



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 who might otherwise never come here.



I voted to eliminate the guest worker program. When that effort was unsuccessful, I offered a Recruit Americans First amendment to require employers to seek American workers for their open positions before they try to bring in guest workers. I am pleased that my amendment passed, 71-22. I am also pleased that language I offered to address major abuses in the H-1B visa program have been included in the bill.



There is no perfect solution to the problems we face as a result of our broken immigration system. 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 package of reforms that will protect American workers and that will be tough but enforceable, economically sensible, and morally defensible. I will keep your views in mind as I continue to work toward those goals.



Sincerely,

Richard J. Durbin

United States Senator



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