Chamber End of Session Immigration Update

To: Members of the Immigration Subcommittee
From: Theresa C. Brown, Manager, Labor and Immigration Policy.

Well, late last evening Congress finally wrapped up its work to leave town. But in the usual last-minute flurry, several immigration bills did manage to pass. Here's a summary of the issues we've been following and their outcomes.

Spousal Work Authorization:

Two weeks ago, in a surprise move, the Senate Judiciary took up the two spousal work authorization bills passed by the House in the summer, H.R. 2277 (for Es) and H.R. 2278 (for Ls). The Chamber and other members of the MEWS coalition presumed that the measures would be put off to next session following the September 11 attacks and the shift in Congressional focus. But the Senate committee passed the bills on voice vote, and late last evening the full body passed the bills by unanimous consent, paving the way for the President to sign them into law. (Because of delays in actually transmitting the bill to the White House, we expect the President will sign them after the New Year.)

These victories come after a five-year effort by the Chamber and the MEWS coalition. We thank everyone who worked so hard on them.

Employment Verification Pilot Program:

Several Chamber members have been concerned about the pending expiration this year of the Employment Verification Pilot Programs run by the INS. Last month the House Judiciary passed a two-year extension of the program, and the full House passed the bill shortly thereafter. The Senate approved the House action last evening, and this bill is also on its way to the President. The Verification Programs allow enrolled employers with the required software to verify immigration documents presented by employees for the I-9 process with the INS.

Border Security:

We previously reported to you on negotiations among Senate sponsors of competing border security bills to produce a single compromise measure. Senators Kennedy, Brownback, Feinstein and Kyl jointly introduced S. 1749 at the end of November. However, following introduction and concerns raised about some of the provisions by the Chamber and members of the Americans for Better Borders coalition, which the Chamber chairs, the Senators agreed to additional changes in the bill. Final agreement was reached early this week between the key sponsors, Senate leadership of both parties and House Judiciary Chairman Sensenbrenner. However, a last minute hold by Senator Byrd of West Virginia kept the Senate from moving first. Therefore, Chairman Sensenbrenner introduced a House version, H.R. 3525, on Wednesday and the bill passed the House by voice vote the same day. The Senate attempted to bring up the legislation by unanimous consent last night, but Senator Byrd renewed his objection, ensuring that the bill would not be taken up before adjournment. The Chamber generally supports this legislation, but does note the ambitious deadlines in the bill and that it requires significant appropriations. Congress must be willing to adjust the deadlines if it appears they will not be met to ensure the continued flow of legitimate commerce and travel across our borders. We will work with the Senate next year to ensure passage, and with the appropriators in both Houses to fully fund these projects.

What Didn't Happen:

After September 11, many bills were introduced that would have severely curtailed or restricted visa issuance and immigration in many areas. Bills to decrease the H-1B cap, place a moratorium on student and exchange visas, or all visas, eliminate or restrict the visa waiver program and other measures did not gain the support their sponsors had hoped for. Many Representatives and Senators, and the Bush Administration, have consistently recognized the need for continued international travel and personnel as an important part of our economy, our global commercial leadership and our nation's heritage.

As the course of the national debate on immigration shifted after September 11, several of the Chamber's important initiatives were put on hold, most particularly the essential worker issue. However, President Bush has renewed the high-level migration talks with Mexico, and they continue now at the staff level, with both sides confident of reaching agreement on a new system of immigration and regularization of Mexican workers in the new year. The Chamber, and the Essential Worker Immigration Coalition, will renew our calls for essential worker immigration reform next year, recognizing that our ongoing need for labor, our demographic problems of an aging workforce and job growth, will make the issue return when our economy rebounds.

Of course, as always, INS restructuring will be an important issue next year, as the Administration moves forward with its own plan, and Members of Congress look to provide their input and direction. The Chamber will continue to provide input into this process to ensure that the primary function of timely, efficient and consistent processing of business cases remains a priority and proceeds.

We thank you for your help and input this past year, and we on the Chamber staff look forward to a productive collaboration in 2002.

To you and yours, from all of us ... Happy Holidays, Best Wishes in the New Year, and Peace.

Theresa Cardinal Brown
Manager, Labor and Immigration Policy
U.S. Chamber of Commerce