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By Mr. HAGEL:
S. 1916. A bill to strengthen national security and United States
borders, and for other purposes; to the Committee on the Judiciary.
______
By Mr. HAGEL:
S. 1917. A bill to require employers to verify the employment
eligibility of their employees, and for other purposes; to the
Committee on the Judiciary.
______
By Mr. HAGEL:
S. 1918. A bill to amend the Immigration and Nationality Act to
address the demand for foreign workers; to the Committee on the
Judiciary.
______
By Mr. HAGEL:
S. 1919. A bill to amend the Immigration and Nationality Act in order
to reunify families, to provide for earned adjustment of status, and
for other purposes; to the Committee on the Judiciary.
Mr. HAGEL. Mr. President, I rise today to introduce my comprehensive
immigration reform legislation. This legislative package consists of
four bills that deal with national security, employment security,
America's workforce, and bringing accountability to those living here
illegally. This package is an enhanced version of immigration reform
legislation I introduced in 2004 with former Senate Minority Leader Tom
Daschle.
Immigration reform is an urgent national security priority. We cannot
continue to defer making tough choices about our nation's immigration
policy. It is not in our interest to have 8 to 12 million people
undocumented and unaccounted for in our country. The American people
won't accept immigration reform until they are convinced we are
controlling our borders. Congress must reform the patchwork of
immigration laws that have created an underground, black market labor
force.
The first bill is the Strengthening America's Security Act of 2005.
The bill strengthens national security and U.S. borders by assisting
law enforcement in their efforts to secure our borders. It will
increase the number of Customs and Border Protection officers; require
DHS to use updated technology at the border; increase criminal
penalties for alien smuggling, document fraud, misuse of social
security numbers, gang violence, and drug trafficking at the border;
authorize continued funds to reimburse states for the costs of
detaining undocumented aliens; and give DHS additional tools to detain
and deport undocumented aliens.
The second bill, the Employment Verification Act of 2005, requires
employers to verify the employment eligibility of their employees. The
bill will assist all employers in their effort to hire legal workers by
establishing a mandatory electronic worker verification system. The
system would be managed by DHS in conjunction with the Social Security
Administration. The system will allow employers to immediately verify
whether an individual is authorized to work in the U.S. This system is
already being used by the federal government and by certain employers
across the country, including some in Nebraska. The system will be
phased-in over a 5 year period, starting with large employers. The
legislation includes protections to ensure that the system will not
result in hiring discrimination based on race or national origin, nor
will it interfere with the regular hiring process. Employers who use
the system will receive a ``safe-harbor'' from prosecution for hiring
unauthorized workers.
The Strengthening America's Workforce Act of 2005 will amend the
Immigration and Nationality Act to address
[[Page S11826]]
the demand for foreign workers. The bill will provide foreign workers
for low-skilled jobs that would otherwise go unfilled by admitting a
limited number of workers annually through a new temporary worker
program. Employers seeking to hire foreign workers through this program
must first demonstrate that no qualified U.S. worker exists and that
they will provide the same wage levels and working conditions as U.S.
workers. Workers will be admitted for a limited period of time and will
be allowed to change employers. Visas are good for 2 years and can be
renewed. Qualified workers and their families would be provided an
opportunity to adjust their immigration status over time.
In order to address the need for high-tech workers and to reduce the
existing worker visa backlog, this legislation would allow foreign
students who have earned an advanced degree in science, technology,
engineering or math from U.S. universities to receive a H-1B work visa
without leaving the country and without regard to the annual cap of
65,000. In addition, high-tech workers who have worked in the U.S. for
three years may be allowed to adjust to permanent resident status
without regard to the annual cap of 140,000. The spouses and children
of immigrant workers would also be allowed to adjust status without
regard to this cap.
In order to encourage more foreign students to study in the U.S.,
this legislation would give full-time foreign college and graduate
students the opportunity to work part-time while studying at U.S.
universities.
The fourth bill, the Immigrant Accountability Act of 2005, will amend
the Immigration and Nationality Act in order to encourage those in the
U.S. illegally to apply for legal status. The legislation would create
an earned adjustment program for long-term undocumented Immigrants and
provide an opportunity for illegal aliens and their families to become
invested stakeholders in the country if they can demonstrate that they
have met all of the following requirements:
Passed national security and criminal background checks;
Resided in the U.S. for at least 5 years preceding the date of
introduction;
Worked a minimum of 3 years in the U.S. preceding the date of
introduction, and 6 years after introduction;
Paid all Federal and State taxes;
Registered for Military Selective Service;
Demonstrated knowledge of English language and American civics
requirements;
Paid a $2,000 fine, in addition to required application fees. Fines
assessed from this program could total as much as $12 billion.
The legislation would create a program for short-term undocumented
immigrants who cannot meet the work or residence requirements. They
will register with DHS and will be allowed to apply for a visa.
However, these undocumented immigrants must return to their home
country to obtain the visa and be readmitted through the legal process.
These undocumented immigrants will have three years to complete the
application process and will be authorized to work during that time.
There is a backlog reduction provision in the bill that would exempt
certain individuals, living outside the U.S., from existing caps on
family-based immigrant visas. This section was originally included in
the 2004 Hagel/Daschle Immigration Reform bill.
The new fines and fees created by this legislation will fund the new
and expanded programs created in it. Fines assessed by this legislation
could total as much as $12 billion. A majority of the funds will come
from the $2000 fine illegal aliens would pay under the Earned
Adjustment Program.
This legislation is the product of years of discussions with law
enforcement, business, labor, and advocacy communities. The bills are a
serious effort to meet the President's principles for reform with
commonsense legislation. In March, I visited the Mariposa Nogales Port
of Entry in Arizona at the U.S.-Mexico border and saw first-hand border
patrol operations with U.S. Customs and Border Protection agents.
I understand that immigration reform is a complex and difficult
issue. In addition to the legislation I have introduced today, there
are other proposals on the table. The American people won't accept any
more excuses. Now is the time for us to stop deferring tough decisions
and take action on this urgent national priority.
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