Flake-Gutierrez bill, the STRIVE Act, toughens enforcement, offers no amnesty, eases legal entry

Immigration reform is a contentious issue. The interns in my office can attest to that. Every time I do an interview on the issue, my dutiful interns can expect a deluge of phone calls expressing enthusiastic disagreement, to put it kindly, with some of my positions.

As Congress prepares to take up immigration reform legislation this year, we need to remember that the way in which we conduct this debate will have an enormous impact on our ability to succeed. A debate that is civil and respectful is absolutely necessary if we hope to solve this problem.

Rhetoric on immigration reform has a tendency to get overheated (that goes for folks on both sides of the issue). That rhetoric has a way of making the gulf between the two sides seem much larger than it is. Frankly, there is quite a lot that we can agree on.

Congressman Luis Gutierrez (D-Ill.) and I have introduced comprehensive immigration reform legislation, the STRIVE Act, that we believe addresses concerns shared by us all. It tackles the major components necessary for reform to be effective: border security, interior enforcement, a mechanism for foreign workers to enter the country legally, and no amnesty for illegal immigrants.

The first section of the bill improves border security. While the majority of those entering the country simply want to work, some have sinister motives. We need to be able to prevent terrorists, drug smugglers, and others who wish us harm from entering the country. The bill augments border personnel, accelerates the use of technology at the border, strengthens biometric requirements for identification documents, and includes many other measures designed to end the current lawlessness at the border. 

Of course, many illegal immigrants did not sneak across the border at all; they simply overstayed a visa. Strengthening interior enforcement is as critical as increasing border security. The bill creates a verification system that allows employers to check a new hire’s legal status and stiffens penalties on employers who break the law. With the creation of a legal framework for foreign workers and the tools to check the status of employees, employers will have no excuse to ignore immigration laws.

In addition to granting amnesty to illegal immigrants, a major failure of the 1986 immigration reform bill was its lack of a mechanism for new workers to enter the country legally, which made the bill obsolete on the day it was signed. Failure to include a program for new workers will only leave a future Congress to deal with a mess we have created, just as we deal with the ’86 bill’s deficiencies now.

Under our bill, the program for new workers will respond to our economy’s need for additional workers. We require the employer to take sufficient steps to ensure that foreign workers are only filling jobs that cannot be filled by domestic workers. Workers who demonstrate job qualifications, pass a background check, pay a fee, and satisfy other measures are eligible for a three-year visa, which could be renewed once. Implementation of the new temporary-worker program would be conditional on progress securing the border.

Finally, immigrants currently in the country illegally must not be given amnesty. Under our bill, those in the country illegally would be forced to pay fines, undergo background checks, meet English-language and civics requirements, pay back taxes, and, most importantly, go to the back of the line (not be given a shortcut to a green card like in 1986) if they wish to adjust their status. The bill also includes a “touchback” provision that would require these illegal immigrants to leave the country and reenter legally, registering with the US-VISIT program as they do.

President Bush deserves praise for his tone on immigration reform. He has consistently reminded participants in this debate that all human beings, regardless of nationality, deserve respect. I hope that, as we begin work on immigration reform legislation, we remember that this includes people who may not agree with us on the finer points of the issue. My interns will appreciate it.

Flake is a member of the House Foreign Affairs Committee.

SPECIAL SECTION: IMMIGRATION

Flake-Guiterrez bill, the STRIVE Act, toughens enforcement,  offers no amnesty, eases legal entry
700-page STRIVE Act reflects long, inclusive debate
The urgent need for AgJOBS legislation
National and economic security must drive the immigration reform debate
Solution is respect for the law, respect for people
Honest reform, true feasibility versus pusillanimous pandering, wink-‘n-nod
Uncle Sam’s welcome mat should not be trampled on