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[Congressional Record: December 15, 2000 (Senate)]
[Page S11902-S11903]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr15de00pt2-164]
PROTECTING THE RIGHTS OF IMMIGRANT WORKERS
Mr. KENNEDY. Mr. President, fourteen years ago, Congress passed the
Immigration Reform and Control Act of 1986, IRCA. That Act has had
undeniably profound effects on the nation--both positive and negative.
IRCA set into motion the current legalization program, which has
brought millions of individuals out of the shadows of illegal immigrant
status and onto a path of temporary status, permanent status and,
ultimately, United States citizenship. At the same time, IRCA
authorized employer sanctions which, in addition to not deterring
illegal immigration, have led to a false document industry and caused
discrimination against Latino, Asian, other immigrant workers, and even
United States citizens, who by their accent or appearance are wrongly
perceived as being here illegally.
Many of us supported the provision in IRCA which created an office to
address cases of discrimination resulting from employer sanctions.
Since then, the Department of Justice Office of Special Counsel for
Immigration Related Unfair Employment Practices, OSC, has enforced the
anti-discrimination provisions and provided relief to workers who have
faced immigration-related job discrimination.
One of the innovative accomplishments of OSC has been to develop
effective partnerships with state and local government civil rights
agencies. A Memoranda of Understanding enables the civil rights
agencies who are supposed to work together to do just that. As a
result, all agencies are better equipped to prevent and eradicate
discrimination.
Recently, the Massachusetts Commission Against Discrimination joined
[[Page S11903]]
with the OSC to educate employers, workers and the general public in
the state and to work together to address discrimination. The Boston
Globe praised the work of the Office of Special Counsel and urged
increases in its staff and budget in order for it to keep up with the
growing number of newcomers and employers. In the words of the
editorial, ``This would help immigrants and the economy--a winning move
for the United States.''
I ask unanimous consent for the Boston Globe editorial, ``Protecting
Immigrants,'' to be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Boston Sunday Globe, Oct. 19, 2000]
Protecting Immigrants
Working immigrants are like high-octane fuel for the
economy. Given the nation's shortage of workers, hiring
immigrants is a great way to fill jobs, whether in high-tech
or in restaurants.
But immigrants can face serious job discrimination. Some
don't know their rights. Others are afraid to complain.
That's why federal and state governments must improve
enforcement of fair work practices.
One tool is in place, but it needs to grow.
In 1986, eager to crack down on illegal immigration,
Congress passed the Immigration Reform and Control Act. The
law threatened employers with fines unless they verified that
new hires were legally eligible to work.
Congress knew that turning employers into immigration cops
could lead to more discrimination. So the act also created
the Office of Special Counsel for Immigration Related Unfair
Employment Practices.
Today, the Office for the Special Counsel fights
discrimination based on national origin and citizenship
status. It cracks down on ``document discimination''--asking
for more proof of work status than is legally required--and
on rarer cases of employer retaliation. The office also
mediates disputes and trains employers and human service
providers.
This work goes on in states with large immigrant
populations, like New York and California, but also in
Arkansas, Oregon, and Nebraska, where immigrant populations
are growing. In the last two years, the office has reached
settlements with SmithKline Beecham, the pharmaceutical
company, the Atlanta Journal Constitution newspaper, and Iowa
Beef Packers, a meat packing and processing company in South
Dakota.
Last year, the special counsel's office awarded $45,000 to
the Massachusetts Immigrant and Refugee Advocacy Coalition, a
grant used statewide to education immigrants, train community
agency staff, and hold forums. The office recently formed a
valuable alliance with the Massachusetts Commission Against
Discrimination. Since the office has no local branches, it is
building a nationwide web of local contacts whom immigrants
can turn to for federal help.
Unfortunately as national immigration rates soar, the
Office for the Special Counsel is having trouble keeping up.
Its activities are limited by a small staff and a budget of
just under $6 million. Doubling the budget would spread the
office's reach more evenly across the country. It could take
more preventative measures, helping employers before laws are
violated, instead of punishing them once the harm is done.
This would help immigrants and the economy--a winning move
for the United States.
____________________
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