Statement of Administration Policy: S. 1664 - Immigration Control and Financial Responsibility Act

(Senate)
(Hatch (R) Utah)

The Administration supports Senate passage of S. 1664. Some provisions, however, continue to raise serious concerns (described below and in the Attachment). The Administration will work with the Senate to seek adoption of amendments to satisfactorily address these concerns, and to ensure that the Administration's illegal immigration reform initiatives are not undermined.

Many of the provisions in S. 1664 are similar or identical to the President's 1995 legislative proposal, comprehensive enforcement initiatives, and overall strategy to deter illegal immigration. To reverse decades of neglect, the Administration's strategy calls for regaining control of the Nation's borders; protecting legally employed workers by improving worksite enforcement; aggressively pursuing the removal of criminal aliens and other illegal aliens; and securing from Congress the resources to support the Administration's comprehensive enforcement activities and assist States with the costs of illegal immigration. The President's strategy is already being implemented and is making significant progress toward achievement of its goals.

The Administration supports many provisions in S. 1664, including provisions that: (1) authorize increased resources to improve border infrastructure and more enforcement persomiel to restore integrity to the border; (2) establish four-year employment verification pilot programs with appropriate privacy and anti-discrimination protections; (3) increase penalties for alien smuggling, document fraud, and related crimes; (4) limit the number of documents which may be used to establish employment authorization; and (5) "deem" a sponsor's income to an immigrant only until citizenship is obtained.

The Administration has serious concerns with several anticipated floor amendments to S. 1664. If certain floor amendments, described on the next page, are added to S. 1664, various Cabinet members have indicated that they would recommend that the President veto the bill.

Concerns with S. 1664

The Administration has several serious concerns with S. 1664. These concerns, and proposed amendments to address them, are described in detail in the Attachment. In summary, the Administration recommends that S. 1664 be amended, as follows:

• Worksite Enforcement. (1) Increase penalties for employer sanctions violations and provide a parallel increase in penalties for immigration-related employment discrimination; and (2) clarify the circumstances under which an employer may request certain employment eligibility or identity documentation to protect against discriminatory application.
  
  
• Migration Control. (1) Replace the requirement for multiple layers of fencing along portions of the southwest border with authorized funds for the construction and improvement of physical barriers, lighting, sensors, and other technologies to detect and deter unlawful entry along the southwest border; (2) preserve the Attorney General's parole authority; (3) restore the original definition of "aggravated felony"; (4) delete the repeal of the Cuban Adjustment Act; and (5) delete the deadline for applying for asylum.
  
  
• Eligibility for Benefits. Replace the provisions restricting immigrants' eligibility for public benefits with the Administration's proposal, as described in the Attachment. This would result in (1) limiting the application of "deeming" requirements (under which an immigrant's income is deemed to include the income of his or her sponsor) to the programs which currently deem (e.g., would not include Medicaid or public health programs); and (2) exempting those immigrants with special circumstances from the deeming provisions (e.g., the disabled).

Serious Concerns With Anticipated Floor Amendments

If S. 1664 were presented to the President with provisions that would jeopardize any child's right to full participation in public elementary and secondary education, including pre-school and school lunch programs, the Secretary of Education and the Attorney General would recommend that the bill be vetoed.

If S. 1664 were presented to the President with a provision creating a new agricultural guestworker program, the Attorney General and the Secretary of Labor would recommend that the bill be vetoed. The Administration strongly opposes a new agricultural guestworker program because it would: (1) reduce work opportunities for U.S. citizens and other legal residents; (2) depress wages and work standards for U.S. farmworkers; (3) not be a sustainable solution to any labor shortage that might develop; and (4) increase illegal immigration. The Administration is prepared, however, to work with Congress and other interested parties, as appropriate, to address ways to improve the existing H-2A guestworker program in a way that will not jeopardize worker protections.

The Administration strongly opposes any amendment which would require all persons registering to vote to present certain documents to prove that they are citizens. If S. 1664 were presented to the President with an amendment that would effectively repeal the National Voter Registration Act and create a difficult obstacle for U.S. citizens to register to vote, the Attorney General would recommend that the bill be vetoed.

The Administration strongly opposes an amendment to place restrictions on Federal Government use of languages other than English. Such an amendment would have a direct, adverse effect on Federal efforts to ensure equal access to education and government services, impair the right of citizens to vote, and hamper law enforcement and other important government functions. Moreover, it fails to do anything to increase needed opportunities for adult English literacy. English classes, not language laws, are needed to assist people who want to learn English.

Pay-As-You-Go Scoring

S. 1664 would affect direct spending and receipts; therefore, it is subject to the "pay-as-you-go" requirement of the Omnibus Budget Reconciliation Act of 1990. OMB's scoring of this legislation is under development.