Statement by Senator Chuck Grassley
Ranking Member, Senate Judiciary Committee
Border Security, Economic Opportunity, and Immigration Modernization Act
Monday, April 22, 2013
Today, we continue our discussion on the immigration bill that was unveiled last Wednesday by a bipartisan group of Senators. As they correctly stated, it’s a starting point in a process that’s going to have to be very deliberative. We were very deliberative in 1986. At that point we had only 3 million people crossing the border unlawfully. Now we have 12 million people. As some of the authors of that bill have emphasized, the Border Security, Economic Opportunity, and Immigration Modernization Act is a starting point. There are 92 other Senators who must get their chance to amend and improve the bill.
Let me begin by saying that a critical part of the bill we’re discussing is the first 59 pages. As people read through this bill, I hope people will pay special attention to those 59 pages. This is the border security section and the triggers that kick off the legalization program. Because if we don’t secure our borders up front, there will be no political will and pressure from legalization advocates to do it later. To summarize, the bill requires the Secretary of Homeland Security, within 6 months that a bill is signed into law, to submit a “Comprehensive Southern Border Security Strategy” as well as a “Southern Border Fencing Strategy.” After those so-called plans are submitted to Congress, the Secretary can start processing applications to legalize the 12 million people who are in the United States. The result is that the undocumented become legal after a mere plan is submitted – despite the potential that the plan could be flawed and inadequate.
Additionally, the bill provides $6.5 billion in emergency spending to be available for various border security enhancements, to be used under the discretion of the Secretary. While I understand the need for such an investment, there’s no congressional input on either the Secretary’s plan or the funding she will have at her disposal.
Now I haven’t read every page od this bill yet, but from what I’ve read, I find a great deal of congressional authority delegated to the Secretary. It reminds me of the 1693 delegations of authority in the health care reform bill that makes it almost impossible for the average citizen to understand what may be coming down the road.
More importantly, the bill does nothing to improve the metrics that this or a future administration will use to ensure that the border is truly secure. Congress passed a law in 2007 requiring that the 100 percent of the border be 100 percent “operationally controlled.” However, President Obama and Secretary Napolitano abandoned that metric. The bill before us weakens current law by only requiring the southern border to be “90 percent effectively secured” in some sectors – only the so-called high risk sectors. What about the other six sectors?
Then, before green cards are allocated to those here illegally, the Secretary only has to certify that the security plans and fencing are “substantially” deployed, operational and completed. If the Secretary doesn’t do her job, then a commission is created to provide recommendations. This is just a loophole that allows the Secretary to neglect doing the job.
Another area of interest for me is the employment verification measures. I was here in 1986 when we, for the first time, made it illegal for employers to hire undocumented individuals. I have been a champion for making the E-Verify system a staple in every workplace. It’s a proven and valuable tool to ensure that we have a legal workforce.
While I’m encouraged that the bill includes E-Verify, I am concerned that the provisions will render the program ineffective as an enforcement tool. The bill fails to put this system in place for everyone for almost six years down the road. After regulations are published, the biggest employers in the country will have another two years before they are required to check their employees. If we’re legalizing and providing work permits in six months, why must we wait up to six years for everyone to comply? The system is ready to be deployed nationwide. Finally, on E-Verify, the bill fails to require, or even allow, employers to verify their current workforce and is only prospective in nature. I’m also concerned about the Secretary’s ability to exclude individuals with “casual, sporadic, irregular, or intermittent” employment – however that may be defined.
I’m interested in hearing from our witnesses about whether the bill fixes the problems in our immigration system. Everyone, including myself, says the system is broken. Aside from legalization for those who are here (and potentially for their family members who are not) and the clearing of backlogs, what does this bill do to fix the system? What improvements will ensure that we’re not back in this hearing room 30 years from now to revisit the issue? Will the new legal guest worker program be effective? Will small businesses and U.S. based companies be able to compete and find high skilled workers to grow the economy? Will American workers truly come first? Will we incentivize people to come here legally and deter them from overstaying their visas when they expire? I have these questions, and many more.
And, in regard to border security. Security is the basis of the sovereignty of any nation. We must have independent authority over our borders.
Thank you, Mr. Chairman.