Colorado Livestock Association Convention
On Immigration
Betty Jo Gigot, Editor and Publisher
Kim Salinas didn’t pull any punches in her presentation to the Colorado Livestock Association (CLA) annual meeting. Salinas spends her days telling clients what their options are, and many of them are grim. Furthermore, the two different proposals for changes to the current immigration statutes, one in the House and one in the Senate, could not be more different.
House bill H.R. 4437 was passed December 16, 2005. HR 4437 does not provide any sort of legalization. It focuses only on enforcing the borders, detaining and deporting more immigrants and criminalizing immigrant communities. The Senate bill S 2611 includes many of the same elements as the House bill, as well as some differences. It clarifies that churches and people providing humanitarian assistance are not criminalized; it does not make it a felony to be present without status; and it does not require day labor centers to verify status. Additions include creation of English as the national language and it permits state governors to send National Guard troops to the border. It also includes guest worker programs and a process for legalization for some people. Salinas stressed the fact that, in order to become law, both houses of Congress have to vote on the same proposal and, if it passes in both houses, it must be signed by the President before becoming law.
Myths and facts?
Salinas provided several handouts with pertinent information. One, compiled by Fuenza Latina, addressed myths and facts about immigrants and immigration. Some of those included:
Myth: Immigrants are a drain on the economy.
Facts:
• During the 1990s, a period of high rates of immigration, the U.S. experienced the lowest national unemployment rate in 40 years and fastest economic growth.
• In addition to consumer spending of immigrant households, immigrants and their businesses contribute $162 billion in tax revenue to U.S. federal, state and local governments.
• The net benefit of immigration to the U.S. is nearly 10 billion per year.
Myth: Immigrants take jobs from U.S. workers.
Facts:
• The U.S. has an aging workforce. While growth in the workforce is estimated to slow to .04 percent per year, it is estimated that the U.S. will create 21.3 million new jobs by 2012. Of the top 30 growing occupations, 20 are in unskilled jobs.
• 57 percent of job growth is projected to be in unskilled occupations.
• The U.S. worker shortage due to demographics and an aging society is expected to last 20 years.
• U.S. high school graduates are less likely to go into unskilled, labor positions.
Myth: Most Immigrants cross the border illegally.
Facts:
• About 75 percent of today’s immigrants have legal, permanent immigrant visas. Of the 25 percent who are undocumented, 40 percent overstayed temporary, non-immigrant visas.
Myth: Our problems can be solved by enforcing existing laws.
Facts:
The entire immigration system is dysfunctional and needs comprehensive reform. The borders are out of control, families are divided, and the system is plagued by backlogs and delays. Enforcement alone will not solve these problems.
Myth: Immigrants can wait their turn and come here legally.
Facts:
• Family members have to wait years to enter legally and re-unite with their family. Spouses and minor children of legal resident may wait over 10 years. Siblings of U.S. citizens may wait 20 years or longer.
• U.S. citizens are often unable to legalize their status of their spouses.
• Employers cannot bring in unskilled, year-round labor. The only visa available for temporary workers has been reduced so low that the visas are filled first day of the year that visas become available, leaving many employers without workers.
• An employer interest in sponsoring a skilled worker with a bachelor’s degree must wait five or six years.
• Employers cannot legalize the status of workers here in the U.S.
• A person who enters illegally has no way to get legal status in the U.S.
• Over 808,000 people are currently waiting to become citizens.
• Over 1,000,000 are waiting for legal permanent residency.
Frequently Asked Questions About Employment Eligibility Do citizens and nationals of the U.S. need to prove, to their employers, they are eligible to work? While citizens and nationals of the U.S. are automatically eligible for employment, they too must present proof of employment eligibility and identity, and complete an Employment Eligibility Verification form (Form I-9). Citizens of the U.S. include persons born in Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands. Nationals of the U.S. include persons born in American Samoa, including Swains Island. Do I need to complete a Form I-9 for everyone who applies for a job with my company? No. You need to complete Form I-9 only for people you actually hire. For purposes of the I-9 rules, a person is “hired” when he or she begins to work for you for wages or other compensation. Can I fire an employee who fails to produce the required document(s) within three (3) business days? Yes. You can terminate an employee who fails to produce the required documents(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual documents(s) within 90 days of the date employment begins. What happens if I properly complete a Form I-9 and the ICE discovers that my employee is not actually authorized to work? You cannot be charged with a verification violation; however, you cannot knowingly continue to employ this individual. You will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien unless the government can prove you had actual knowledge of the unauthorized status of the employee. What is my responsibility concerning the authenticity of document(s) presented to me? You must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, you must not accept it. You may contact your local ICE office for assistance. May I accept a photocopy of a document presented by an employee? No. Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate. |
www.calfnews.com
August / September 2006