[Congressional Record: October 11, 2002 (Extensions)]
[Page E1823-E1824]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr11oc02-40]
INTRODUCTION OF THE HOUSE DEMOCRATS' EARNED LEGALIZATION AND FAMILY
UNIFICATION LEGISLATION
______
HON. RICHARD A. GEPHARDT
of missouri
in the house of representatives
Thursday, October 10, 2002
Mr. GEPHARDT. Mr. Speaker, before September 11, 2001, our country's
leaders from the Executive Branch to the Congress were actively engaged
in exploring a fundamental re-crafting and rewriting of our immigration
policies. Due to the horrific events of September 11, 2001, that agenda
had to be delayed as our country struggled to find ways to ensure our
security, while still respecting the civil rights and essential dignity
of the immigrants within our country.
Since September 11, Congress has taken important steps to secure our
borders and enhance our nation's security against the terrorist threat.
The sound policy rationales that were propelling us to re-craft our
immigration laws before September 11 continue to exist today and are
even more urgent. To the core values of family unity, fundamental
fairness and economic opportunity that we articulated in the Democratic
Statement of Principles on Immigration a year ago, we now add a
pressing concern--the need to bring the undocumented population out of
the shadows and into the light of greater accountability so that they
too can aid in effectively securing our great nation. The need for
comprehensive immigration reform has not abated, and our resolve to
move forward in this effort remains.
Earned Legalization And Family Unification
Today, Democrats are introducing legislation that will take the first
step toward comprehensive immigration reform that will recognize
immigrants who have been working and contributing to this country while
also increasing our security. Our earned legalization legislation will
ensure that hard-working, tax-paying immigrants will be able to adjust
their status and live legally if they have resided in the United States
for at least five years, have a work history of at least two years and
are able to pass a background check.
Our legislation will benefit both America and an immigrant population
that has embraced the American Dream. It will streamline the
enforcement of our immigration laws and allow us to shift important
enforcement resources to tracking down those who have come to the US to
do us harm. Reducing the number of undocumented immigrants in the US
will enable us to better focus on individuals who pose a real terrorist
threat. At the same time, our legislation rewards work by ensuring that
qualifying immigrants can move on with their lives free of the fear
that one day they or members of their family may be sent away from
their adopted country forever.
Our legislation will also speed the reunification of families, so
that our immigration system will not force families to choose between
long years of separation and undocumented immigration. We value family-
based immigration because it solidifies important family ties and
creates stronger communities. Yet, our current immigration system puts
extreme stress on families, forcing them to wait many years before they
can be reunited. We believe it is not in the best interest of our
communities to force such long separations.
We must recognize, however, that this is but a first step, and that
much more remains to be done. There has been much debate about the need
for new and expanded temporary worker programs. Even as we debate the
merits of legalizing the hard-working population already in the United
States, we acknowledge that a comprehensive immigration policy debate
must address future flows of immigrants and their impact on the US
labor force. Indeed, President Fox of Mexico continues to press the
Bush Administration for movement in this area. We must consider
reasonable policy options for regulating, limiting and controlling this
future flow of immigrants in a way consistent with our nation's highest
values.
As Presidents Bush and Fox resume bilateral migration discussions,
and we encourage their efforts, we note that immigrants come from many
different countries which highlights the importance of having broad and
expansive discussions of the myriad issues presented by immigration
trends. As the discussion continues, it is vital that the issues we set
forth below are thoughtfully and effectively addressed and are key
elements to any future legislative or administrative efforts.
Adjusted Status For Workers Currently In The United States And Towards
Regularizing The Status Of Future Immigrants
Consistent with our original Democratic Statement of Principles on
Immigration, we recognize that to achieve the comprehensive immigration
reform that we outlined, the status adjustment of undocumented
immigrants currently residing in the United States who do not otherwise
qualify for our earned legalization proposal must be addressed. We
should find a way to place these undocumented workers and their
families on the same path to legalization as those who qualify for our
earned legalization proposal.
In addition, we must seek to regularize the flow of immigrants who
cross our border. By seeking regularization, a legal mechanism could be
provided for recent arrivals to the US to work while not undermining
the wages, benefits standards and legal protections of US workers and
local labor markets. Such an effort should include the following
essential elements: (1) a thorough and accurate methodology for
determining the need for foreign workers and the application of the
most reliable labor market tests; (2) accurate wage determinations
based on relevant wage information, union contracts and benefits and
the development of new formulas that reflect industry standards; (3)
equitable labor protections for foreign and US workers, including the
right to organize--foreign temporary workers should not be used to
undermine union organizing efforts; and (4) the Department of Labor
must be given the necessary enforcement resources and procedures to
ensure full compliance and temporary foreign workers must be provided a
private right of action to ensure full compliance.
As we move forward in the development of any new efforts, we also
recognize the necessity of avoiding the failures of past guest-worker
programs. We must ensure that existing visa programs are reformed to
function properly and as intended, and we must direct the necessary
resources to training for US workers and better link such training to
available jobs.
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Conclusion
We enter this debate recognizing that immigration reform can be a
complex issue; indeed, previous immigration reforms have failed to meet
the high standards that we establish for ourselves in this debate. For
precisely this reason, we intend to lead a comprehensive immigration
reform debate that unflinchingly addresses the difficult questions that
are critical to any serious policy discussion. We look forward to the
challenges ahead and to reshaping our immigration policy to strengthen
America's control over its borders and to reflect the American values
of hard work and family.
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