Statement of Administration Policy: H.R. 2138 - Application of Employer Sanctions to Longshore Work

(House)
(Brooks (D) Texas and 26 others)

The Administration opposes H.R. 2138 in its current form, and urges that it not be considered under suspension of the rules. Instead, the intent of H.R. 2138 can be accomplished by amending the definition of "alien crewman" contained in the immigration laws as suggested by the Department of Justice in its letter of July. 25, 1989, on H.R. 2138 to the House Judiciary Committee. The Administration recommends that H.R. 2138 be amended accordingly.

In its current form, H.R. 2138 imposes burdensome employer sanctions on foreign vessels that would not otherwise be subject to such sanctions. The use of employer sanctions would require complex documentation in order to prove that an alien was performing longshore work legally in U.S. territorial waters. Further, the Immigration and Naturalization Service does not have the manpower or equipment to inspect vessels out of port as could be necessitated by H.R. 2138.