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    House Committee on the Judiciary

    Chairman Bob Goodlatte (R-VA)

    IMMIGRATIONRESOURCE KIT

    August 2013

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    Table o Contents

    STRENGTHENING BORDER SECURITY

    & INTERIOR ENFORCEMENT 5

    The SAFE Act 6

    The Legal Workorce Act 8

    The Border Security Results Act 10

    IMPROVING OUR LEGAL

    IMMIGRATION PROGRAMS 11

    The SKILLS Visa Act 12

    The AG Act 14

    FAIRLY DEALING WITH

    UNLAWFUL IMMIGRANTS 16

    The Way Forward 17

    PRESS MATERIALS 18

    How to Communicate Immigration Reorm 19

    Talking Points: Top 10 Concerns About Senate Bill 20

    Sample Op-ed 22

    Sample Script or Website Video 23

    Committee Contacts

    The House Judiciary Committee

    is eager to help you communicate

    the importance o immigrationreorm to your constituents.

    Below are key Committee

    contacts on immigration issues.

    Immigration and

    Border Security Subcommittee

    Main Line: (202) 225-3926

    George Fishman

    Chie Immigration Counsel

    [email protected]

    Andrea Loving

    Deputy Chie Immigration Counsel

    [email protected]

    Dimple Shah

    Immigration Oversight [email protected]

    Press Ofce

    Main Line: (202) 225-3951

    Kathryn Rexrode

    Communications Director

    [email protected]

    Jessica Collins

    Press Secretary

    [email protected]

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    Augus 2013

    DearRepublicanColleague:

    Congress iscurrenlyengagedina momenousdebae onimmigraion.Near

    lyeveryoneagreesha we

    needoxournaionsbrokenimmigraion sysemandsecureheborder,bu

    heHouseandSenaeare

    akingwoverydierenapproaches osolvinghiscomplexissue. Whileh

    e Senaehaspasseda massive

    billha conainsmanyproblemaic provisions,heHouseis aking asep-by

    -sep approachsoha we

    careullyandmehodicallyrevieweachcomponenoimmigraion reormin

    deail.Wewan o produce

    betersoluionssohahe endresul isa workableimmigraion sysemor

    heyearso come.

    Tissep-by-sepapproach willhelpusgeim

    migraion reormrighbymaking sureweavoidhe

    misakesohe pas.Forexample, nearly30yearsago Congresspassed andPresiden Reagansignedino

    lawhe ImmigraionReormand Conrol Ac o1986,assuringheAmerica

    npeople haiwould xour

    immigraionsysem. We werepromisedougher enorcemen inexchange or

    helegalizaion oroughly

    hreemillionpeople bu hesepromiseswere no kepandour immigraio

    nlawsremainbroken.Te

    American peoplewano knowhowCongress plans oavoid hissimilarouc

    omeinhecurren debae

    surrounding immigraionreorm.

    Anyimmigraionreormbillneeds orssrenghenborder securiyandh

    einerior enorcemen oour

    immigraionlaws, improveourlegalimmigraionprograms, and nd awayo

    airlydealwih unlawul

    immigrans. Aspar oour sep-by-sepappro

    ach,heHouseJudiciaryCommiteehasheldnumerous

    educaionalbriengsor MembersoCongresssincehebeginningoheyearonour immigraionlaws,

    convenednearlyadozenhearings onimmigraion, and approvedseveral bill

    s haaddressspecicissues

    wihinourimmigraionsysem.However, ourworkisno yenished.

    Tis recesspacke has beenpu ogehero helpyoucommunicaeoyour co

    nsiuensheimporanceo

    immigraion reormandheHouseRepublicanplanoproducesoluionsha

    acuallyxhe problems

    ha plagueourimmigraionsysem.TeCommitee welcomes yourinsigha

    ndinpu aswe move

    orwardogeher onhisimporan issue.Pleasedono hesiaeoconac m

    eormysaiyouneed

    anyhingasweworkowardourgoaloa workableimmigraion sysem.

    Sincerely,

    Bob Goodlate

    Chairman

    HouseCommiteeonhe Judiciary

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    IMMIGRATION RESOURCE KIT

    STRENGTHENING

    BORDER SECURITY

    & INTERIOR

    ENFORCEMENT

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    6 | IMMIGRATION RESOURCE KIT

    The SAFE Act

    Background

    Successul immigraion reorm mus address

    eecive inerior enorcemen o our immigraionlaws. Tis is an inegral piece o he puzzle. We

    can jus be xaed on securing he border, which

    undoubedly is an issue o paramoun concern.

    We mus also ocus on inerior enorcemen,

    or more precisely wha o do wih unlawul

    immigrans who make i pas he border and

    legal immigrans who violae he erms o heir

    visas and hus become unlawully presen in he

    U.S. In ac, is esimaed ha 30-40% o illegalimmigrans currenly living in he U.S. came here

    legally and hen oversayed heir visas. Any real

    immigraion reorm eor mus guaranee ha our

    laws will be enorced.

    The Problem

    One reason why our immigraion sysem

    is broken oday is because he presen and

    pas adminisraions have largely ignoredhe enorcemen o our immigraion laws.

    Under Presiden Obamas Adminisraion, he

    Deparmen o Homeland Securiy sopped he

    deporaion o cerain caegories o unlawul

    immigrans alogeher. I we wan o avoid

    he misakes o he pas, we canno allow he

    Presiden o coninue shuting down ederal

    immigraion enorcemen eors unilaerally.

    The Solution

    On June 6, 2013, Immigraion and Border

    Securiy Subcommitee Chairman rey Gowdyinroduced he Srenghen and Foriy Enorcemen

    Ac(H.R. 2278), also known as he SAFE Ac. Te

    House Judiciary Commitee approved his bill on

    June 18, 2013 by a voe o 20-15.

    Te SAFE Acimproves he inerior enorcemen

    o our immigraion laws by prevening he

    Execuive Branch rom urning o ederal

    enorcemen eors unilaerally. Te bill

    accomplishes his by graning saes and localiieshe auhoriy o enorce ederal immigraion

    laws. Te bill srenghens naional securiy by

    increasing border securiy, making i more dicul

    or oreign naionals who pose a naional securiy

    risk o ener and remain in he U.S., improving

    visa securiy in high risk counries, and proecing

    American communiies rom dangerous

    criminal aliens.

    Te bill is suppored by he Naional Immigraion

    and Cusoms Enorcemen Council, he Wesern

    Saes Sheri s Associaion, and he Naional

    Associaion o Former Border Parol Ocers.

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    FAST FACT30-40% o illegal immigrantscame here legally butoverstayed their visas.

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    JUDICIARY.HOUSE.GOV | 7

    Summary o the SAFE Act

    Grans Saes and Localiies he Auhoriy

    o Enorce Immigraion Laws: Presidens oboh paries had oo much laiude o reuse o

    enorce our immigraion laws. Tis bill removes

    he abiliy o he Presiden o unilaerally shu

    down enorcemen eors by graning saes and

    localiies specic congressional auhorizaion o

    assis in he enorcemen o ederal immigraion

    law and includes provisions o aciliae heir

    assisance. I also allows saes and localiies o

    enac and enorce heir own immigraion laws

    as long as hey are consisen wih ederal law. In

    addiion, he bill wihholds specic grans rom

    sancuary ciies ha dey ederal immigraion

    enorcemen eors.

    Srenghens Naional Securiy: Te bill makes

    i more dicul or oreign erroriss and oher

    oreign naionals who pose naional securiy

    concerns o ener and remain in he Unied

    Saes. O noe, he bill bars oreign erroriss orremovable immigrans who hreaen naional

    securiy rom receiving immigraion benes,

    such as nauralizaion and discreionary relie

    rom removal, among oher hings. Te bill

    also requires ha no immigraion benes may

    be provided o immigrans unil all required

    background and securiy checks are compleed.

    Proecs American Communiies rom

    Dangerous Criminal Aliens: Te bill proecshe American public by aciliaing and expediing

    he removal o criminal aliens. In he insance a

    dangerous criminal immigran canno be removed

    rom he U.S., he bill allows DHS o deain hem.

    I also keeps our srees sae by providing or

    mandaory deenion o unlawul immigrans who

    have been conviced o DUIs.

    Improves Visa Securiy: Te bill improves

    our naions rs line o deense, he visa issuance

    process. Te bill expands he Visa Securiy

    Program o addiional high risk poss, srenghens

    he inegriy o he suden visa program, and

    auhorizes DHS and he Sae Deparmen o

    revoke visas o oreign naionals i in he securiy

    or oreign policy ineress o he U.S., among

    oher provisions.

    Helps ICE Ocers Beter Do Teir Jobs:

    Te bill assiss U.S. Immigraion and Cusoms

    Enorcemen ocers in carrying ou heirjobs o enorcing ederal immigraion laws by

    srenghening heir abiliy o make arress or

    immigraion violaions. Te bill also allows hem

    o carry rearms and provides hem wih

    body armor.

    Srenghens Border Securiy: Te bill

    prohibis he Deparmens o Inerior and

    Agriculure rom prevening Border Parol agens

    access o ederal lands wihin 100 miles o heborder. Tis will beter enable Border Parol

    agens o secure our border and preven illegal

    aciviy, such as il legal immigraion, smuggling,

    and drug racking. I also prohibis he

    inererence o Border Parol aciviies, such

    as consrucion and mainenance o roads and

    barriers, use o parol vehicles, and deploymen o

    acical inrasrucure.

    Reviews Adminisraions Abuse o

    Prosecuorial Discreion: Te bill requires

    a repor o Congress each year on he abuse o

    prosecuorial discreion by he Adminisraion.

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    The Legal Workorce Act

    The Problem

    Employers by law are currenly required o use he

    paper-based, error-prone I-9 sysem o check helegal saus o heir newly hired employees. Tis

    law has been on he books or nearly 30 years bu

    is no an accurae way or employers o check he

    legal saus o heir new employees since ideniy

    documens can be easily alsied.

    E-Veriy is a web-based program ha provides

    employers wih an easier and more accurae way

    o deermine i heir new employees are allowed

    o work in he U.S. Tis program has been upand running since 1997 bu is currenly no

    mandaory or all U.S. employers.

    E-Veriy checks he Social Securiy numbers or

    alien idenicaion numbers o new hires agains

    Social Securiy Adminisraion and Deparmen

    o Homeland Securiy records in order o help

    ensure ha new hires are genuinely eligible o

    work in he U.S. Te program quickly conrms

    99.7% o work-eligible employees and akes less

    han wo minues o use.

    Alhough i is no required, oday over 465,000

    American employers volunarily use E-Veriy.

    Ouside evaluaions have ound ha he vas

    majoriy o employers using E-Veriy believe i o

    be an eecive and reliable ool or checking he

    legal saus o heir employees.

    The Solution

    TeLegal Workorce Ac(H.R. 1772) was

    inroduced on April 26, 2013 by Rep. LamarSmih and approved by he House Judiciary

    Commitee on June 26, 2013 in a voe o 22-9.

    Tis biparisan bill discourages illegal immigraion

    by ensuring jobs are made available only o hose

    auhorized o work in he U.S. Specically, he bill

    requires employers o check he work eligibiliy o

    all uure hires hough he E-Veriy sysem.

    TeLegal Workorce Acis suppored by he

    Associaed Builders and Conracors Inc, heNaional Resauran Associaion, he HR Policy

    Associaion, he Naional Reail Federaion, he

    Inernaional Franchise Associaion, he Essenial

    Worker Immigraion Coaliion, NumbersUSA,

    he Chamber o Commerce, and he Naional

    Associaion o Home Builders amoung ohers.

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    FAST FACTE-Veriy confrms 99.7% owork eligible employeesand takes less than twominutes to use.

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    JUDICIARY.HOUSE.GOV | 9

    Summary o the Legal Workorce Act

    Repeals I-9 Sysem: TeLegal Workorce Ac

    repeals he curren paper-based I-9 sysem andreplaces i wih a compleely elecronic work

    eligibiliy check, bringing he process ino he

    21s cenury. However, an employer may op o

    keep using he paper-based I-9 sysem in addiion

    o E-Veriy i hey preer.

    Gradual Phase-In: Te bill phases-in mandaory

    E-Veriy paricipaion or new hires in six monh

    incremens beginning on he dae o enacmen.

    Wihin six monhs o enacmen, businesses

    having more han 10,000 employees are required

    o use E-Veriy. Wihin 12 monhs o enacmen,

    businesses having 500 o 9,999 employees

    are required o use E-Veriy. Eigheen monhs

    aer enacmen, businesses having 20 o 499

    employees mus use E-Veriy. And 24 monhs aer

    enacmen, businesses having 1 o 19 employees

    mus use E-Veriy. I allows a one-ime six monh

    exension o he iniial phase-in. I also requiresha employees perorming agriculural labor or

    services are subjec o an E-Veriy check wihin

    24 monhs o he dae o enacmen.

    Volunary Use: Te bill allows employers o

    use E-Veriy o check he work eligibiliy o heir

    curren employees as long as hey do so in a

    nondiscriminaory manner and on all employees

    who are in he same geographic locaion or in he

    same job caegory.

    Srenghened Penalies: Te bill raises

    penalies on employers who knowingly hire illegal

    immigrans in violaion o he requiremens o he

    bill. Te bill also creaes a penaly or individuals

    (employees or employers) who knowingly submi

    alse inormaion o he E-Veriy sysem.

    Saes as Parners: Te bill preemps duplicaive

    sae laws mandaing E-Veriy use bu gives saes

    prominen roles in enorcing he law. Specically,

    i reains he abiliy o saes and localiies o

    condiion business licenses on he requiremen

    ha he employer use E-Veriy in good aih under

    ederal law. In addiion, he bill allows saes o

    enorce he ederal E-Veriy requiremen and

    incenivizes hem o do so by leting hem keep

    he nes hey recover rom employers who violae

    he law.

    Proecs Agains Ideniy Tef: Te bill allowsindividuals o lock heir Social Securiy number

    (SSN) so ha i can be used by anoher person o

    ge a job. I also allows parens or legal guardians

    o lock he SSN o heir minor child. And i a

    SSN shows a patern o unusual muliple use,

    DHS is required o lock he SSN and aler he

    owner ha heir personal inormaion may have

    been compromised.

    Sae Harbor: Te bill grans employers saeharbor rom prosecuion i hey use he

    E-Veriy program in good aih, and hrough

    no aul o heir own, receive an incorrec

    eligibiliy conrmaion.

    Ideniy Auhenicaion Pilo Programs: Te

    bill requires DHS o conduc a leas wo pilo

    programs aimed a using echnology wihin he

    E-Veriy sysem o help urher preven ideniy

    he in he sysem.

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    The Border Security Results Act

    The Problem

    Border securiy is he rs line o deense agains

    illegal immigraion a our naions borders andpors o enry. In addiion, our homeland securiy

    hinges in par on how well we conrol who and

    wha comes ino his counry. A porous border

    is no only a condui or drug smugglers and

    human rackers, bu is also a vulnerabiliy ha

    erroriss may exploi. However, he Deparmen

    o Homeland Securiy does no have a naional

    sraegy o secure he borders or reliable merics

    o measure border securiy progress. Te House

    Homeland Securiy Commitee has approved a

    bill o address border securiy, heBorder Securiy

    Resuls Ac.

    Summary o the

    Border Security Results Act

    TeBorder Securiy Resuls Ac(H.R. 1417) wasinroduced on April 9, 2013 by House Homeland

    Securiy Chairman Michael McCaul and approved

    by he House Homeland Securiy Commitee on

    May 20, 2013 by voice voe. H.R. 1417 requires

    resuls veried by merics o end he Deparmen

    o Homeland Securiys ad hoc border approach

    and help secure our naions porous borders. For

    more inormaion abou his bill, please conac

    he House Homeland Securiy Commitee.

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    IMMIGRATION RESOURCE KIT

    IMPROVING

    OUR LEGAL

    IMMIGRATION

    PROGRAMS

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    The SKILLS Visa Act

    Background

    Te conribuions o highly-skilled and educaed

    immigrans o he Unied Saes are well-documened. Seveny-six percen o he paens

    awarded o our op paen-producing universiies

    had a leas one oreign-born invenor. According

    o a recen repor, hese oreign-born invenors

    played especially large roles in cuting edge

    elds like semiconducor device manuacuring,

    inormaion echnology, pulse or digial

    communicaions, pharmaceuical drugs or drug

    compounds and opics.

    A sudy by he American Enerprise Insiue and

    he Parnership or a New American Economy

    ound ha an addiional 100 immigrans wih

    advanced SEM degrees rom U.S. universiies

    is associaed wih an addiional 262 jobs or

    naives. Te sudy also ound ha immigrans

    wih advanced degrees pay over $22,000 a year in

    axes ye heir amilies receive less han $2,300 in

    governmen benes.

    The Problem

    Te Unied Saes has he mos generous legal

    immigraion sysem in he world providingpermanen residence o over a million immigrans

    a year. However, we only selec 12% o immigrans

    on he basis o he educaion and skills hey can

    bring o America and ha percenage includes

    he immigrans amily members. Oher counries,

    such as Canada, he U.K., and Ausralia, selec

    over 60% o immigrans based on skills.

    In addiion, while many immigrans have ounded

    some o our mos successul companies, we onlyselec less han 1% o immigrans on he basis o

    heir enrepreneurial alens. And ha is only i

    hey already have he hundreds o housands o

    dollars needed o paricipae in he invesor visa

    program. In odays global economy, i doesn

    make sense o orei he worlds bes and brighes

    o our compeiors abroad.

    The Solution

    Te Supplying Knowledge Based Immigrans and

    Lifing Levels o STEM Visas Ac(H.R. 2131), also

    known as he SKILLS Visa Ac, was inroduced

    by Rep. Darrell Issa on May 23, 2013 and makes

    our immigraion sysem smarer by replacing

    nonessenial immigraion programs wih hose

    ha will make our counry more compeiive in

    he global economy. Te SKILLS Visa Acwas

    approved by he House Judiciary Commitee in avoe o 20-14 on June 27, 2013.

    Te bill is suppored by he Consumer Elecronics

    Associaion (CEA), Compee America, inSPIRE

    SEM USA, he Inerne Associaion, and he

    Inormaion echnology Indusry Council.

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    Summary o the SKILLS Visa Act

    Increases Green Cards or SEM Grads: Te

    bill allocaes up o 55,000 green cards a year oremployers o peiion or oreign graduaes o U.S.

    universiies wih advanced degrees in SEM elds.

    Increases and Srenghens H-1B Program:

    Te bill increases he H-1B visa cap or high-

    skilled workers rom 65,000 o 155,000 and

    increases he special pool o visas or oreign

    graduaes o U.S. universiies o 40,000. Te bill

    conains enhanced ani-raud provisions, beter

    proecs American workers and allows H-1B

    spouses o work.

    Provides Job-Creaing Enrepreneur Visas:

    Te bill allocaes up o 10,000 green cards a

    year or alien enrepreneurs who 1) can atrac

    invesmen rom venure-capial rms o esablish

    businesses ha will creae a leas ve jobs or

    2) have already creaed ve jobs over 10 years

    hrough he E-2 reay invesor program.

    Srenghens Invesor Visa Program: Te bill

    srenghens he invesor visa green card program

    by 1) making he regional cener pilo projec

    permanen, 2) indexing invesmen requiremens

    or infaion, and 3) adding ani-raud proecions.

    Makes Immigraion Sysem Smarer: Te bill

    repeals he diversiy lotery green card program

    and he siblings o U.S. ciizens green card

    program (while keeping he later program open

    or 10 years so ha siblings who have been waiing

    or he longes ime in he backlog can receive heir

    green cards), and allocaes hese green cards o

    immigrans wih skills America needs.

    Eliminaes Arbirary Caps: Te bill eliminaes

    he employmen-based green card per-counry

    quoa sysem and raises he amily-sponsored per-

    counry cap, so ha immigrans will no have owai longer jus because o heir counry o origin.

    More Docors or Underserved Areas: Te

    bill permanenly auhorizes he program allowing

    oreign docors o work in medically underserved

    areas wihou rs having o reurn home or wo

    years aer heir residencies, increases he number

    o slos available, and makes oher improvemens

    o he program.

    Increases Green Cards or Skilled Workers

    and Nuclear Family Members: Te bill

    allocaes an addiional 15,000 green cards a year

    o boh employmen-based second preerence

    (members o he proessions wih advanced degrees

    and persons o excepional abiliy) and hird

    preerence (skilled workers, proessionals wih

    bachelors degrees and oher workers) green card

    caegories and allocaes an addiional 25,000 green

    cards a year o he spouses and minor children o

    permanen residens in order o reduce backlogs.

    Greaer Flexibiliy or Employers and

    Workers: Te bill allows oreign sudens and

    workers on emporary visas whose employmen-

    based green card peiions have been approved o

    coninue o work in he U.S. unil heir green cards

    become available.

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    FAST FACTWe currently select only12% o immigrants based onthe skills and education theybring to America.

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    The AG Act

    The Problem

    Our curren emporary agriculural guesworker

    program, known as he H-2A program, isunworkable or boh armers and immigrans

    who wan o come here as guesworkers o use

    his program. Te program exposes American

    armers o cosly liigaion and burdens hem wih

    excessive regulaions. In ac, he H-2A program

    is so unworkable ha mos American armers

    avoid using he program alogeher. Tis broken

    program, coupled wih he ac ha American

    armers rely on oreign labor o pick heir crops,

    has increased he hiring o unlawul immigrans in

    he agriculure secor. I is esimaed oday ha as

    many as one million undocumened immigrans

    work on American arms.

    Te agriculure indusry needs reliable arm labor

    and workers who wan emporary work need

    access o sable, legal, emporary employmen. Is

    in our naions ineres o creae a sensible way

    or workers o come in on a emporary basis, llempy jobs, and reurn o heir home counries.

    The Solution

    On April 26, 2013, House Judiciary Commitee

    Chairman Bob Goodlate inroduced heAgriculural Guesworker Ac(H.R. 1773), also

    known as heAG Ac. Te Commitee approved

    his bill on June 19, 2013 in a voe o 20-16.

    Tis bill provides armers wih a new guesworker

    program ha eases access o a lawul, agriculural

    workorce ha employers may call upon when

    sucien American labor canno be ound. In

    conras o he curren, bureaucra-driven H-2A

    program, he guesworker program creaedunder heAG Acakes a marke-based approach

    by removing red ape, simpliying access o

    emporary labor, and creaing a sreamlined legal

    dispue resoluion sysem o resolve arm worker

    concerns quickly and ecienly.

    Successul guesworker programs, like he

    one creaed in heAG Ac, help deer illegal

    immigraion, proec he jobs o U.S. workers,

    discourage he exploiaion o unauhorized

    workers, and sabilize indusries. By puting

    armers in he drivers sea raher han Washingon

    bureaucras, hey will be beter equipped o

    compee in he global economy and coninue

    growing our crops.

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    Summary o the AG Act

    Expands he Scope o he Program o

    Address More Agriculure: Te bill allows hedairy indusry and agriculural produc processors

    o paricipae in he program.

    Eliminaes Excessive Red ape: Te new

    emporary agriculural guesworker program

    creaed under he bill removes barriers and

    excessive paperwork armers ace in hiring oreign

    workers. Once E-Veriy is implemened or all

    employers, i a grower is designaed as a regisered

    agriculural employer by USDA and agrees o

    he erms and obligaions o paricipaing in he

    program, hen hey can easily hire guesworkers

    already admited o he U.S. wihou having o le

    ye anoher peiion or he individual worker. Te

    new guesworker programs peiion process is

    also atesaion based, meaning ha armers will

    no longer ace unnecessary, governmen-imposed

    red ape during he process.

    Proecs Farmers rom Abusive Liigaion:

    In order o discourage rivolous and abusive

    liigaion agains growers, growers may require

    as a condiion o employmen ha guesworkers

    be subjec o binding arbiraion and mediaion

    o any grievances in relaion o he employmen

    relaionship. Tis bill also prevens armers using

    he new guesworker program rom being sued by

    Legal Services Corporaion-unded lawyers.

    Enacs Marke-Based Approach o Mee

    Demand and Supply: Te bill eliminaes he

    aricial governmen-imposed wage rae ha

    is par o he curren emporary agriculural

    guesworker program and replaces i wih he

    marke-based prevailing wage rae or he sae

    minimum wagewhichever is greaer.

    Helps American Farmers Keep Up wih

    Global Compeiors: Te new guesworker

    program will allow American growers o beter

    compee in he global economy by removing

    he exorbian coss associaed wih abusiveliigaion, excessive regulaion, and aricially high,

    governmen-imposed wage raes.

    Farmer Friendly: Te bill designaes he

    Deparmen o Agriculure o adminiser he new

    guesworker program raher han he Deparmen

    o Labor. USDA is beter equipped o help armers

    and beter undersands heir needs.

    emporary bu Flexible: Te maximumamoun o ime a guesworker is allowed o

    say in he U.S. coninuously is 18 monhs

    (and 36 monhs in cerain insances) so ha is

    ruly a guesworker program. Generally, he

    guesworkers mus hen leave he counry or a

    period o ime ha is 1/6 o he ime he or she was

    working in he U.S.

    Paricipaion: Under he new guesworker

    program, armers can peiion or any oreignnaional wheher currenly wihin he U.S. or

    abroad o come work or hem.

    Proecs axpayers: Under he new program,

    guesworkers are no eligible or Obamacare, he

    Earned Income ax Credi, he Child ax Credi,

    or oher welare programs.

    IMP

    ROVINGOURLEGA

    LIMMIGRATIONP

    ROGRAMS

    2

    FAST FACTIts estimated that up to onemillion illegal immigrantswork in the ag sector.

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    IMMIGRATION RESOURCE KIT

    FAIRLY DEALING

    WITH UNLAWFUL

    IMMIGRANTS

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    JUDICIARY.HOUSE.GOV | 17

    The Way Forward

    The Problem

    When Congress passed an immigraion overhaul

    bill in 1986, Americans were promised ougherenorcemen o our immigraion laws in exchange

    or he legalizaion o roughly hree million

    unlawul immigrans. While he legalizaion

    happened, he Execuive Branch did no keep heir

    promise o enorce our immigraion laws. Since

    our immigraion laws have been largely ignored

    or he pas 30 years, our counry now has an

    esimaed 11 million undocumened immigrans

    living in he U.S. According o he Pew Research

    Cener, he majoriy o hem have been living here

    or more han 10 years.

    The House Republican Way Forward

    House Republicans are currenly discussing a way

    orward on how o provide legal saus o unlawulimmigrans living in our counry. However,

    he curren unlawul immigran populaion is

    diverse, so he soluions may vary. For example,

    while some knowingly broke our immigraion

    laws, ohers were brough illegally o he U.S. as

    children by heir parens. Tese children came

    here hrough no aul o heir own and many o

    hem know no oher home han he Unied Saes.

    Unlike he Senae immigraion bill, we shouldno creae a special pahway o ciizenship or

    hose who knowingly broke our immigraion

    laws. Is unair o hose who have waied in line

    and ollowed our immigraion rules o creae

    an enirely new, currenly non-exisen pah o

    ciizenship or hose who knowingly broke our

    immigraion laws. Te Senae bill also provides

    legalizaion beore border securiy. However, i is

    imperaive ha we secure our border and enorceour immigraion laws rs.

    FAIRLYDEALINGWITH

    UNLAWFULIMMIGRANTS

    3

    3.2

    8.4

    9.3 9.49.7

    10.4

    11.111.3

    12

    11.6

    11.1 11.211.1

    0

    2

    4

    6

    8

    10

    12

    1986

    2000

    2001

    2002

    2003

    2004

    2005

    2006

    2007

    2008

    2009

    2010

    2011

    Illegal Immigrants (in millions)

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    PRESS

    MATERIALS

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    How to Communicate Immigration Reorm

    Key Points to Make

    America is a naion o immigrans, bu we are also

    a naion o laws. Immigraion reorm mus honorboh our hisory as a naion o immigrans and

    our oundaional principles grounded in he rule

    o law.

    We need commonsense immigraion reorm so

    ha our laws work and he sysem works. We need

    soluions ha are responsible, realisic, consisen,

    and air.

    House Republicans undersand he imporanceo reorming our naions immigraion laws and

    are aking a sep-by-sep approach o solve he

    problems wihin our immigraion sysem.

    Immigraion reorm is oo complex and imporan

    o no examine each piece in deail. Whaever is

    ulimaely voed on in he House mus go hrough

    he radiional legislaive process.

    Any immigraion reorm proposal mus rssrenghen border securiy and he enorcemen

    o our immigraion laws, improve our legal

    immigraion programs, and nd a way o airly

    deal wih hose living unlawully in he U.S.

    Over he pas six monhs, he House Judiciary

    Commitee convened nearly a dozen hearings

    on immigraion and approved our pieces o

    legislaion ha improve our immigraion sysem.

    Te House Judiciary Commitee approved he

    SAFE Ac, a bill designed o srenghen he inerior

    enorcemen o our immigraion laws.

    Te House Judiciary Commitee also approved

    heLegal Workorce Ac. Tis bill requires he

    use o E-Veriy naionwide and helps employers

    deermine who is lawully here and who can

    accep employmen.

    In addiion, he House Judiciary Commitee

    approved heAG Ac, which creaes a new

    guesworker program ha provides Americanarmers wih access o a reliable, lawul workorce.

    Lasly, he House Judiciary Commitee approved

    he SKILLS Visa Ac. Tis bill allows hardworking,

    smar immigrans o come o he U.S. so ha hey

    creae jobs or American workers and make us

    more compeiive in he global economy.

    Tese immigraion bills are being considered

    hrough an open process in which membershave he opporuniy o ully ve hem and

    oer improvemens hrough amendmens. We

    welcome all ideas and suggesions o improve our

    immigraion sysem.

    While he Senae has passed legislaion, he

    House will coninue o work is will by passing

    our own legislaion. Ta is he American

    legislaive process.

    Immigraion reorm is no a race; i s abou

    geting i righ.

    PRE

    SSMATERIALS

    4

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    IALS

    4 Talking Points: Top 10 Concerns About Senate Bill

    #1: Unconsiuional: Te Senae immigraion

    bill is a revenue-raising bill, which makes i

    unconsiuional. Specically, he bill conains

    a wide range o eecs on ederal revenues,

    including changes in collecions o income and

    payroll axes, cerain visa ees ha are classied

    as revenues, and various nes and penalies.

    Language in he U.S. Consiuion requires ha

    any bill ha raises revenue, also known as a ax,

    mus originae in he House o Represenaives,

    no he Senae.

    #2: Legalizaion Beore Border Securiy: Sixmonhs rom he bills enacmen, he Secreary o

    Homeland Securiy mus submi a border securiy

    plan. Once his plan is submitedmeaning ha

    he border does no have o be secureunlawul

    immigrans can hen apply or legal saus, which

    is called regisered provisional saus (RPI).

    Adjusmen rom RPI saus o Lawul Permanen

    Residen (LPR) saus can begin when he

    border securiy plan is deployed, he border ence

    and elecronic vericaion sysem have been

    implemened, he exi sysem is being used, and

    38,405 Border Parol agens have been deployed

    on he Souhwes border. Tis means ha nohing

    has o be ully implemened beore legalizaion

    and here are no assurances ha he border

    has o be secure. Addiionally, he Secreary o

    Homeland Securiy can ignore hese requiremens

    aer 10 years o liigaion or a Supreme Cour

    ruling has prevened hese riggers rombeing implemened.

    #3: Lack o Border Securiy: Under he

    Schumer-Hoeven-Corker Amendmen, he so-

    called border surge amendmen, approximaely

    38,405 Border Parol agens will be deployed,

    mainained, and saioned along he Souhwes

    border. However, he agens do no have o

    be deployed beore 2021, which is well aer

    legalizaion akes place. Under he provision,

    DHSs goal in allocaing he addiional Border

    Parol agens o airpors shall be o reduce wai

    imes, no o enorce immigraion law, apprehend

    illegal immigrans, seize illegal conraband, or

    improve naional securiy. Tis is hardly aborder surge.

    #4: Inerior Enorcemen is Virually

    Nonexisen: Under he Senae immigraion bill,

    he inerior enorcemen o our immigraion laws

    would be compleely guted. Specically

    PresidentStillHasOn/OSwitch:

    Te Senae bill does no ake away he

    immigraion enorcemen on/o swichrom he Presiden. Te House enorcemen

    bill (SAFE Ac) does his by graning saes

    he auhoriy o enorce he laws in he uure.

    EnforcementFreeZones: Te bill allows he

    Secreary o DHS o designae enorcemen

    ree areas where no immigraion aciviy can

    ake place.

    HaltsImmigrationEnforcement:Creaes an

    immigraion enorcemen holiday where noenorcemen acions will occur or wo and a

    hal years.

    CountlessWaivers:Under he Senae bill,

    wherever enorcemen is menioned, here

    is a waiver auhoriy delegaed o he

    Secreary o DHS, repeaing many o he

    same problems we have oday wih he lack

    o immigraion enorcemen.

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    4#5: Won End Illegal Immigraion: Despie

    all he money being spen in he bill ha is

    supposed o secure our porous borders, he

    Congressional Budge Oce has said ha he

    Senae immigraion bill will only reduce illegal

    immigraion by one-hird o one-hal.

    #6: Special Pahway o Ciizenship: Te

    Senae bill creaes an enirely new, currenly

    nonexisen pah o ciizenship or illegal

    immigrans. Also, he Senae bill decreases he

    ime required or mos immigrans o apply or

    nauralizaion rom ve o hree years.

    #7: Endangers Our Communiies: Under he

    Senae immigraion bill, he Secreary o DHS is

    provided wih broad auhoriy o waive criminal

    conduc, including gang aliaions, elony arress,

    and muliple misdemeanor convicions. Te bill

    allows he Secreary o waive background checks,

    does no require dangerous criminal aliens o

    be deained, and makes i easier or persecuors

    and human righs abusers o obain immigraionbenes. Te bill also allows criminal immigrans

    o coninue o commi and be conviced o

    criminal oenses aer receiving provisional legal

    saus, as long as he individuals convicions

    remain below he eligibiliy hreshold. In addiion,

    he bill allows hose wih muliple convicions o

    ener, remain, and no be subjec o deenion in

    he U.S.

    #8: Releases Criminals Back ono he Srees:

    Curren law requires cerain criminal immigrans

    who are in he process o being depored o

    be deained in order o proec he American

    people. However, he Senae bill undermines his

    commonsense requiremen and insead allows

    dangerous criminals o be released back ono

    our srees, only o be moniored by advocacy

    organizaions.

    #9: Unworkable Ag Guesworker Program:

    Te Senae immigraion bill conains an

    unworkable agriculural guesworker program hawould subjec armers o unnecessary regulaions

    and excessive liigaion.

    #10: Conains Slush Fund or Liberal

    Acivis Groups: Under he Senae bill, new

    gran programs are creaed ha could provide

    $150 million dollars o liberal acivis groups

    like La Raza, Casa de Maryland, and he

    American Immigraion Lawyers Associaion.

    Tese axpayer-unded grans are provided oorganizaions wihou any audi or oversigh

    provisions in order o promoe he new special

    pahway o ciizenship hough public inormaion

    campaigns, o help unlawul immigrans apply

    or new immigraion benes, and o provide any

    oher assisance considered useul o unlawul

    immigrans in he process.

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    IALS

    4 Sample Op-ed

    Nearly everyone agrees ha we need o x

    our naions broken immigraion sysem. Te

    way or Congress o remedy his problem is

    o mehodically look a each o he various

    componens ha need o be xed and ake any

    nal bill hrough he radiional legislaive process.

    Immigraion reorm is oo imporan and complex

    o no examine each piece in deail.

    By aking a sep-by-sep approach, Congress isable o refec on pas legislaive misakes and

    avoid making similar ones in he uure. For

    example, nearly 30 years ago Congress passed and

    Presiden Reagan signed ino law he Immigraion

    Reorm and Conrol Ac o 1986, assuring he

    American people ha i would x our immigraion

    sysem. We were promised ougher enorcemen

    in exchange or he legalizaion o roughly hree

    million people. Bu hese promises were never

    kep and our immigraion laws remain broken.

    Te ailed atemp o pass a massive immigraion

    bill in 2007 also poins o he need or a sep-by-

    sep approach under he normal legislaive process

    o hearings, markups, and a nal voe. Te auhors

    o ha bill ook a op-down approach raher

    han saring rom he ground up and examining

    each individual componen. Consequenly, once

    hidden deails and uninended consequences o

    he bill came o ligh, he American people largely

    opposed i and he bill ailed. Te American

    people wan o know how Congress plans o avoid

    hese similar oucomes his ime.

    Boh he House and he Senae recognize he

    imporance o reorming our naions immigraion

    sysem and ha is why boh chambers are acively

    pursuing a soluion o his issue. While is rue

    ha many in he House, including mysel, are

    concerned ha he Senaes nearly 900-page bill

    repeas some o he same misakes o he pas,

    were hopeul ha we can produce beter soluions.

    Te House Judiciary Commitee, which I chair,has held numerous hearings on our immigraion

    laws and we have already inroduced several sand-

    alone bills ha address paricular issues wihin our

    immigraion sysem. We plan o build upon his

    work o build consensus on hese imporan issues

    in he weeks and monhs ahead. Tis process o

    regular order allows every represenaive o ully

    ve he issues and provides he opporuniy o

    have he voices o he Sixh Congressional Disric

    and olks across he naion heard.

    Immigraion reorm is no an easy ask, ye

    a soluion is no ou o reach. By aking a

    mehodical approach o hese issues, i will help us

    cra beter legislaion ha will bene Americans

    and provide a workable immigraion sysem. Tis

    will ensure we ge immigraion reorm righ his

    ime so ha we don have he same problems in

    he uure.

    Congressman Bob Goodlate represens he Sixh

    Congressional Disric o Virginia and is chairman o

    he House Judiciary Commitee.

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    PRE

    SSMATERIALS

    4Sample Script or Website Video

    Make a Video to Explain the Houses

    Approach to Immigration Reorm

    Righ now Congress is engaged in a momenousdebae on immigraion reorm. Nearly everyone

    agrees ha we need o x our naions broken

    immigraion sysem bu he House and Senae are

    aking wo very dieren approaches o solving

    his complex issue. While he Senae has passed

    a massive bill ha conains many problemaic

    provisions, he House is aking a sep-by-sep

    approach so ha we careully and mehodically

    review each componen o immigraion reorm in

    deail. We wan o produce beter soluions so ha

    we have a workable immigraion sysem or he

    years o come.

    Te way orward on immigraion reorm is much

    like buying a new home. You wouldn buy a new

    home or your amily by jus surveying i rom he

    ouside. You would go room by room, conducing

    a horough inspecion, and examine he

    oundaion o ensure ha i will keep your homeon solid ooing. You would look or any faws and

    deermine i hey could be correced beore you

    nalize he purchase. Tas he common sense

    approach. And he same should be said or any

    immigraion reorm legislaion has produced

    by Congress.

    Hisory poins o he need or his sep-by-sep

    approach. By now, weve all learned wha happens

    when Congress rushes legislaion and bypasseshe American legislaive process. In 2010, he

    House jammed he 2,700-page Obamacare bill

    hrough Congress wihou a single hearing or

    markup on he bill ha was ulimaely signed

    ino law. Americans are now suck wih he

    consequences o his hasy decisionhigher

    premiums, more axes, over 20,000 pages in new

    regulaions, and overall bad policy.

    A sep-by-sep approach is also imporan

    because i allows Congress o refec on pas

    legislaive misakes and avoid making similar ones

    in he uure. For example, nearly 30 years ago

    Congress passed an immigraion overhaul bill,

    assuring he American people ha i would x our

    immigraion sysem. We were promised ougher

    enorcemen in exchange or he legalizaion o

    roughly hree million people. Bu hese promises

    were never kep and we are sill living wih he

    misakes o his law. Te American people wan

    o know how Congress plans o avoid his similar

    oucome in he curren debae surroundingimmigraion reorm.

    Te House o Represenaives has aken care o

    make sure we don repea hisory s misakes.

    Since he beginning o he year, he House

    Judiciary Commitee has convened nearly a dozen

    hearings on immigraion, ocusing on he hree

    areas o our immigraion laws ha need o be xed,

    and has approved our bills. Any immigraion

    reorm bill mus improve our legal immigraion

    programs, srenghen border securiy and he

    inerior enorcemen o our immigraion laws, and

    nd a way o airly deal wih hose who live in he

    U.S. unlawully.

    By aking a sep-by-sep approach o immigraion

    reorm, we will help ensure ha he end resul is a

    real soluion ha will x our broken immigraion

    sysem or good. We mus no rush o legislaewe need o horoughly examine each componen

    so ha we avoid pas misakes. Immigraion

    reorm isn a race; raher, is abou geting i righ.

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    GroverNorquist,PresidentofAmericansforTaxR

    eform:

    Itismybeliethatapositioninavoromorelegalimmigrationandaa

    irand

    humanepathtocitizenshiporthoseundocumente

    dimmigrantsalreadyhereis

    whollyconsistentwiththeidealsothecenter-right

    movementIhaveworkedmy

    entirelietohelpbuild.Ibelievethatreemarketsle

    adtoeconomicgrowthand

    prosperityorall.Tisincludesreeandfexiblelabo

    rmarkets,whichwillbenetnot

    onlythosewhowishtocomeheretopursuetheAm

    ericanDream,butalsothoseo

    usblessedenoughtohavebeenbornintheUnitedS

    tatesoAmerica.

    Dr. Russell Moore, President, EthicsandReligious LibertyCommissionoftheSouthern BaptistConvention:

    Evangelicalsunderstandthat ourbrokensystem is a moralissue; thisisntjustalegalissue, it isnta political issue oraneconomicissueonly. Its amoral issue andits beenastainonourcountryfortoo long. Nowisthetimeforthe countryto cometogetherforanimmigration system thatrespectsthe God-givenhumandignityofeveryperson.

    JoinleterfromAmericanAcionForum,

    AmericansforTaxReform,andAmericanConservaiveUnion:

    WeurgeheHouse oakeupacomprehensivepackageoimmigraion

    reormsbeionebillormanyhasecuresourborder,increaseshelega

    l

    fowoworkers,anddealssensiblywihheundocumenedpopulaion.

    House Judiciary Committee

    2138 Rayburn House Ofce Building

    202-225-3951 | JUDICIARY.HOUSE.GOV

    Follow us on Twitter @HouseJudiciary

    What Conservative Groups Are Saying

    RollCall,April2,2013:

    ClubforGrowthand FreedomWorkstoSitOutImmigrationFight