Thread: FAIRUS Update

House Government Reform Subcommittee on Regulatory Affairs

On July 25, 2006 The House Government Reform Subcommittee on Regulatory Affairs held a hearing entitled, "Is the Federal Government Doing All it Can to Stem the Flow of Illegal Immigration?" Chairwoman Candice Miller opened the hearing by stating that "if lawmakers are committed to stemming the tide of immigration across our borders, it is essential to enforce the laws against employing illegal aliens." She said employers and illegal aliens long ago realized that the 1986 law was designed to fail and mentioned several specific problems stemming from the 1986 amnesty, such as a lack of uniformity for identification documents and a lack of information sharing between organizations such as the Social Security Administration (SSA) and the Department of Homeland Security (DHS). Ranking Member Stephen Lynch followed with a statement describing his experience in the workforce. In particular, he noted how difficult it was for him to prepare bids in a competitive environment while he knew other contractors were hiring illegal workers. He stated that Congress needs to keep in mind the rights of workers who are authorized to work here. Rep. Lynch concluded that one of biggest problems is the administration's lack of enforcement.

The panel testifying before the Subcommittee consisted of Martin H. Gerry from the Social Security Administration (SSA), Al Robinson from the Department of Labor, Janis Sposato of U.S. Citizenship and Immigration Services (USCIS), Matthew Allen of Immigration Customs and Enforcement (ICE), and Steve Burgess of the Internal Revenue Service (IRS). Mr. Gerry began by voicing SSA's strong support for President Bush's "comprehensive" approach to immigration reform. He explained that the role of the SSA in the wage reporting process is to ensure all workers receive credit for their work. Mr. Gerry discussed various programs that the SSA uses to verify worker status including a free SSN verification service, an employee verification service, and the Basic Pilot Program. He noted that when an employer submits more than ten names that do not mach the accompanying SSNs, the SSA sends the employer a notice, called a "no-match letter". He reported that in 2005, SSA sent no-match letters to 127,000 employers.

The next witness to testify was Mr. Robinson, who expressed his support for a "comprehensive" plan that includes a temporary worker program. He also discussed the wage hour program, in which the DoL inspects I-9 forms and educates employers on anti-discrimination laws. Mr. Robinson explained that the wage hour program does not have the authority to fine or warn employers.

Ms. Sposato testified that the American economy is a strong magnet for illegal immigration, and that employment verification is centerpiece of USCIS' efforts to discourage illegal immigration. She described an employment verification website under USCIS, which employers can use, but noted that use of this program is voluntary. Despite these comments on employment verification, however, Ms. Sposato concluded that "enforcement alone is not enough," and that "comprehensive" reform including a guest worker program is necessary.

Mr. Allen continued the discussion by describing ICE worksite enforcement. He stated that ICE enforcement focuses essentially on two issues: how illegal aliens are able to come to the U.S. and how they obtain identification documents. He explained that ICE works not only to apprehend illegal workers, but also to detain and deport them. Mr. Allen stressed that such actions send a strong message to those here illegally, as well as to foreign nationals. His suggestions for improving worksite verification included greater access to no-match data, provisions requiring employers to retain documents, issuance of meaningful fines and penalties, strengthening border security, and a temporary worker program.

Mr. Burgess followed by explaining that the role of the IRS is tax collection and administration—in short, ensuring that everyone who obtains income within our borders pays taxes, even if they are not working here legally. He emphasized that if someone is working here illegally, he or she is not absolved from paying taxes. Mr. Burgess urged that any change to the system be through "comprehensive" reform.

During the question and answer period, Congressman Bilbray (R-CA) stated that the goal of Congress should be to destroy any communication firewalls between agencies. He noted that although the 1986 legislation was called comprehensive, it caused a great influx of illegal immigration. Next, Rep. Foxx (R-NC) asked how the proposed temporary worker program is different from the temporary worker programs that already exist. Mr. Allen answered that although ICE would not administer the program, the vision of it is to bring people out of "the shadows." Ms. Sposato stated that the proposed guest worker program is not necessarily different in substantial ways, but if the administration expresses its desire for a guest worker program, it will encourage those in the shadows to come forward. Rep. Bilbray then pointed out the unfair advantage that illegal immigrants in the U.S. have over those who are waiting to gain access to the U.S. through legal and proper channels.

House Ways and Means Committee Subcommittee on Trade

Also on July 25, 2006, the House Ways and Means Committee Subcommittee on Trade held a hearing on "Customs Budget Authorization and Other Customs Issues." Chairman Shaw opened the hearing by stating that the free flow of trade is part of the lifeblood of the American economy and that Congress must ensure that ICE and CBP can guard our borders and facilitate trade simultaneously. Ranking Minority Member Levin remarked that he has two concerns about this issue; the first is that only 6% of cargo coming into the U.S. is being physically inspected, and the second is the process of identification for persons who travel between the United States and Canada.

The first panel was comprised of Commissioner W. Ralph Basham of the U.S. Customs and Border Protection (CBP) and Julie Myers, Assistant Secretary for the U.S. Immigration and Customs Enforcement (ICE). Both witnesses discussed in detail the initiatives and programs of their agencies that have been involved in the customs process. Mr. Basham began by stating that it is necessary to find an "appropriate balance" for both national security and the national economy. Ms. Myers said "ICE is demonstrating its ability to aggressively combat threats to the American people and our economy that arise from our borders." She stated that this effort is a growing contribution to the economic integrity, border protection, homeland, and national security of the U.S. All of the Representatives present expressed concerned that the CBP had not yet met personnel mandates set forth by the Homeland Security Act. Congressman Foley questioned whether or not Floridians should feel vulnerable with so much emphasis on the southwestern border recently. Mr. Basham responded that all areas of the country are vulnerable and his agency is working on initiatives to secure all parts of the United States.

The second panel of witnesses consisted of Mary Joe Muoio from the National Customs Brokers and Forwarders Association of America, Michael Crye, President of the International Council of Cruise Lines, Charlene Stocker, Chair of the Board of Governors of the American Association of Exporters and Importers, Brian Gill, Senior Regulatory Affairs Advisor at FedEx Express, Colleen Kelley, National President of the National Treasury Employees Union, and Mario Vicente from the Association of Floral Importers of Florida. The second panel began with Ms. Muoio, who stated, "The truth is that CBP is NOT balancing its twin responsibilities of security and commercial operations" and that it is ignoring the needs of small businesses. Mr. Crye said that "the CBP should have the flexibility to focus its resources on high threat environments." Ms. Stocker stated that "the CBP must now be given resources and the direction necessary to re-establish balance between its trade security and trade facilitation functions and responsibilities." Mr. Gill expressed concern about the impact of customs legislation on his business. Ms. Kelley said she was concerned about the lack of resources, both in dollars and manpower, provided to the CBP. Mr. Vicente spoke about the ways in which the inefficient functioning of the CBP inhibited businesses in his area. Chairman Shaw asked Ms. Kelley whether or not she felt that a merger between ICE and CBP would make the process more efficient. Ms. Kelley said she believed this reorganization is not the answer but that the agencies must help their employees who are trying to do their job.

Stay tuned to FAIR for more updates as the Congressional immigration reform hearings continue…

Please place the notices from other groups in the News from Other Organizations section after checking to make sure they are not already posted.

W

Since all of the persons testifying, Gerry, Robinson, Sposato, Allen and Burgess, are for "Bush's comprehensive immigration reform plan", doesn't that indicate that Bush has "packed" the agencies with people who agree with his philosophy, or at least people who agree with his philosophy in order to keep their jobs?

Welcome Clay:

Boy, you got it!!!!

Welcome Clay. We need another fighter from NC on the team!

W

Thanks!! I'm definitely in the fight.