The Immigration Bill: What Does It Really Mean For Employers?

The economy produces more jobs than there are United States workers available, making immigrants critical to the American workforce. Importantly, several sectors serving as building blocks for other industries attract immigrant workers. The construction industry employs an estimated 2.4 million foreign born laborers. Many construction companies fear losing this valuable immigrant labor.

The U.S. Senate recently passed the most sweeping immigration bill in 20 years, long favored by President Bush that would allow millions of illegal immigrants to become U.S. citizens. The bill couples border security and enforcement with a guest-worker program to put most of the 11 to 12 million illegal immigrants on a path to U.S. citizenship.

Supporters of the Senate bill now brace a battle with the House of Representatives. Senate legislation must be reconciled with a vastly different House bill that calls for tough border security and enforcement measures. The Conference Committee, consisting of members from each house, will meet to work out the differences during the summer. The bill will then be presented to the President to be signed into law by year-end.

Key Provisions to the Senate and House Bills:

• Temporary Guest Worker Program
• Senate — Creates a temporary worker program, with a potential path to legal permanent residence for individuals currently outside the U.S. Employers seeking to hire foreign workers would first have to try to recruit an available American worker.
• House — No such provision.
• Legalization of Undocumented Immigrants
• Senate — Provides legalization criteria for three different groups. The major one, “Earned Legalization Program,” would provide a path to legal permanent residence for undocumented immigrants who have been in the U.S. for five years, employed for three of those, and who meet other requirements.
• House — No such provisions.
• Worksite Enforcement
• Senate — Requires employers to participate in an electronic employment eligibility verification system within 18 months.
• House — Requires employers to participate in an electronic employment eligibility verification system within three to six years.
• Criminal Penalties for Existing Illegal Immigrants
• Senate — Mandates penalties for smuggling aliens, but offers exceptions for those who provide “humanitarian” assistance to immigrants, including medical care and housing.
• House — Makes it a federal crime to live in the United States illegally. Individuals who help illegal immigrants to enter or stay in the country would also face criminal penalties.