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establishing a uniform system of immigration control while protecting the legitimate rights of aliens.

I firmly believe that the extent and nature of interagency cooperation can be carefully circumscribed in model agreements that would provide elaborate safeguards for civil rights and constitutional procedures. Moreover, graduate level police academy training courses can be devised to put this cooperation on the highest professional basis. No sensitive and sophisticated training now exists. With this type of training the ability of local law enforcement officials to assist the INS in a fair, humanitarian and sensitive fashion would be greatly enhanced.

Without consistent cooperation from local law enforcement agencies the Immigration Service cannot effectively enforce immigration laws within the United States. The Border Patrol Associations, both active and retired, along with the National Sheriffs Association and the Fraternal Order of Police firmly support this proposal.

Without revisions in the legalization and law enforcement sections of the bill I fear that we may not accomplish the goal of immigration control. It is my sincere hope that these concerns can be alleviated during floor consideration and we can vote out a comprehensive immigration reform package.

CHARLES E. GRASSLEY.

ADDITIONAL VIEWS OF SENATOR LEAHY

I want to commend Senators Simpson and Byrd for coming up with a sensible and workable compromise on certification standards for the H-2 temporary worker program. Sometimes solutions to national problems do not work well in smaller, less complex places. The original language in S. 2222 may have dealt well with the national problems caused by the temporary worker program, but it might also have done much harm in areas like Vermont by creating a problem where there was none to begin with.

In Vermont, we have a vigorous apple industry that is reliant on obtaining skilled apple-pickers each fall. Over the years, the most reliable pickers have come from Jamaica, and the invitation to these temporary workers each year has become something close to a custom for both them and ourselves.

While the use of foreign temporary workers to displace Americans is a legitimate concern, and should remain so, the use of H-2's in Vermont has never come close to eliminating jobs for our own citizens. The effect of the bill's original language might have made it harder to use our traditional source of temporary help without first exhausting the possibility of finding American workers, even though located very far from Vermont. This change could have severely hurt our apple growers by making certification more difficult and expensive without benefiting workers anywhere.

The use of the language "workers who are able, willing, qualified, and who will be available at the time and at the place needed to perform the labor or services involved in the petition" makes clear that a national search need not be undertaken before seeking H-2 certification. Vermont apple growers have always been willing to hire those available in the area, but historically there has not been an able, willing, and qualified workforce available. The compromise language will provide assurance that the current standards will be maintained. As part of the compromise, Senator Byrd agreed that his proposed language adding 8 U.S.C. 1184 (c) (2) (A) (ii) to bar certification where the use of H-2 workers would adversely affect "wages and Working conditions of workers who are similarly employed in the area of intended employment", should be changed back to “wages and working conditions of workers in the United States." This restores the present law.

As a result of this compromise, the availability criteria now refer to local availability, while the adverse impact criteria are national. While it may be possible to envision conditions where the use of H-2 workers is so pervasive and continuous that even relatively distant workers would be adversely affected, one can state flatly that the use of temporary workers in Vermont, West Virginia, or similar locations will never have this effect. And while a casual reading of

the national adverse impact criteria might raise fears that the availability criteria are impliedly national as well, the express language of the compromise adding 8 U.S.C. 1184 (c) (2) (A) (i) rules out any such interpretation.

The net effect of the overall compromise between Senators Simpson and Byrd is that both growers' concerns and national labor concerns are met in a thoughtful and effective way. I am pleased that in developing national criteria for the H-2 program, we have not created new problems where none existed earlier.

PATRICK J. LEAHY.

MINORITY VIEWS OF SENATOR KENNEDY

I voted against this bill in the Committee because I have serious reservations about the measure in its present form. I sought to address these concerns in the amendments I offered in the Committee, and I intend to pursue them on the Senate floor.

The "Immigration Reform and Control Act of 1982" is the product of extensive study and lengthy hearings, and is based upon the landmark work of the Select Commission on Immigration and Refugee Policy. It represents a careful blend of conflicting views and some very difficult compromises. Nevertheless, I have serious reservations about this proposal in the following areas:

EMPLOYER SANCTIONS

My overriding concern is that this bill must not become a vehicle for discriminatory action against Hispanic Americans and other minority groups. Immigrants and undocumented aliens must not become scapegoats for the serious problems our country faces today because of the Administration's failing economic policy. The recent nationwide raids by the Immigration and Naturalization Servicecalled "Operation Jobs"-have spread unnecessary fear and alarm in the Hispanic community, whose members feel that the very name given the raids suggest that migrants and undocumented aliens are being unfairly blamed by the Administration for the current high levels of unemployment in the United States.

We must be extremely cautious to avoid legislative action that raises the level of intolerance and discrimination in our society. The employer sanctions provisions present this danger, and I regret that the Committee did not accept my amendment that addresses this issue.

I have in the past supported legal sanctions against employers who knowingly hire undocumented aliens. I have done so as a matter of principle; it is wrong that the sanctions under current law fall solely on the undocumented aliens, not on employers who may be exploiting them. The government needs stronger enforcement tools to deal with the serious problem of employers who engage in a pattern and practice of hiring and exploiting undocumented aliens.

However, throughout the Select Commission's work, as well as during the extensive hearings of the Subcommittee on Immigration and Refugee Policy, two central objections were raised again and again: (1) that the proposed employer sanctions might result in discrimination against certain American workers, especially Hispanics and Asians; and (2) that employers would be unnecessarily burdened with paperwork in implementing the sanctions.

The history of immigration legislation in recent decades is that one an immigration law is enacted, Congress does not act again for many years. To assure that Congress will not ignore any discrimination that

arises in the implementation of employer sanctions, I believe an amendment should be added to provide the following two safeguards:

(1) The employer sanctions should be "sunsetted" after three years, so that Congress will be obliged to face this issue of discrimination squarely. If, as some fear, the sanctions become a pretext for discrimination, then they should expire and properly so unless Congress enacts new legislation with additional protections. If no discrimination materializes, then the sanctions will be continued.

(2) To insure that a fair and impartial study of the sanctions program is available to Congress, the General Accounting Office and the Commission on Civil Rights should be explicitly required in the statute to undertake an independent study of their implementation.

Part of the incentive to hire undocumented aliens is their willingness to accept substandard wages and working conditions. We must therefore intensify the enforcement of existing laws, including the minimum wage, the Fair Labor Standards Act, social security insurance, unemployment insurance, and Title VII of the Civil Rights Act. Vigorous and effective enforcement of these laws will reduce the incentive for employers to hire undocumented aliens. To accomplish this, I proposed authorizing additional funds to support these enforcement efforts while employer sanctions are implemented.

I hope the Senate will accept these reasonable proposals. If they are adopted, minorities in our society will be given a pledge that, if a pattern of discrimination emerges, Congress will not ignore it. Given the significant changes proposed by this legislation, this is the minimum assurance we should provide.

LEGAL IMMIGRATION

In portions of this report there is an unintended implication that immigration to the United States is bad-that the numbers are too high, the impact is undesirable, and the consequences for the future are negative. These implications fly in the face of American history, and I reject them, as did the Select Commission on Immigration and Refugee Policy.

Illegal immigration must be controlled. But there is no evidence that the current levels of legal immigration are dangerous or contrary to our national interests. In fact, the Select Commission concluded:

Based on its research and analysis, the Commission has found the contributions of immigrants to the U.S. society to be overwhelmingly positive. It believes that an immigrant admissions policy that facilitates the entry of qualified applicants is in the U.S. national interest. Whether measured by the number of Nobel Prize winners who have come to the United States as immigrants (30 percent of all U.S. Nobel laureates), the introductions of new concepts in music, art and literature or the industries built by immigrant labor, immigration has been of enormous benefit to this country.

The Commission also rejected the notion that current immigration is destabilizing or somehow threatening to our national unity. Although the admission of immigrants and refugees to the United States has increased numerically over the past decade, the proportion of foreign born citizens in the United States is dramatically lower than at any

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