10 Point Pledge toward Real “Comprehensive Immigration Reform”

1.  National Worker ID Card.  Institute a national ID card for anyone wanting to work using documentation similar to that for a Passport.  It doesn’t have to be for everyone but simply those who want to be in the labor force or operate a business as an independent owner.  That is simply the only way to ensure that U.S. workers have access to employment and to eliminate those who do not have permission to work other than as shown under Certification (#2 below).

2.  Worker Need Certification.  Have employers decide if they have positions which have a high probability of using immigrant labor.  They know who they are (farmers, meat packing plants, landscaping companies, hotels) and can issue requests that anyone found to be illegally in the U.S. receive a waiver as to those positions.  They must pay a market wage for these workers together with all benefits including health.  They must leave any skilled or managerial positions open for a period of time to see if there are U.S. workers who would like those positions through the Labor Information system in #4 below.

3.  Truly Revolutionize ICE.  Totally revamp the U.S. immigration service to ensure that they can handle large numbers of people seeking to stay in the U.S. as a result of requests mentioned in “Certification” (#2 above).  They are currently probably the most inefficient and backlogged bureaucracy in the federal government.

4.  Labor Information System.  Institute a true ‘national’ labor vacancy information system throughout the U.S. such that employers can post on easily accessible sites that they have positions in skilled or managerial positions potentially being filled by unauthorized persons.  U.S. workers should know where desirable jobs exist around the country.

5.  Seasonal and Occasional Workers.  Once existing undocumented workers have been accounted for and authorized to work in jobs U.S. workers do not desire, allow industries needing extra workers on a seasonal or short time basis to apply for a short term visa to bring in any needed workers (similar to the present H2A program).  The employers must pay for all transportation, health insurance and ensure the workers return to their country of origin at the end of the predetermined season or term.  Families are not allowed to enter with these workers.

6.  Municipalities and Independent Contractors.  Ensure (through statute and punishment for non-compliance) that cities, counties and states do not allow any contractors, sub-contractors or other small businesses to receive permits or operate without the ID card mentioned in #1 above.  Most municipalities have poor or non-existent enforcement of immigration rules and it is a convenient way for undocumented workers to avoid employers by starting landscaping, pool cleaning, janitorial, ice cream vending and other businesses in direct competition with struggling U.S. small business owners.  Few of those independent contractors are really “needed” in our economy and the immigrants could have the U.S. owners apply for them to work using “Certification” in #2 above.  

7.  Penalties.  Penalties for violations by employers who hire workers without a National ID card will be severe including jail for management.  Any workers engaged in business or working with without documentation will be subject to immediate deportation and long jail sentences for a second violation.  All families of the affected worker would be also subject to deportation.  Municipalities allowing independent contractors to work would be subject to loss of federal funds and independent suits by citizens.

8.  Seal the Border.  Enough of the ‘virtual’ fence which is only enforced at the whim of the administration in power.  A true physical barrier fence that has been effective in San Diego County and other areas must be erected.   Mexico has shown us that they cannot protect the border on their side and, in fact, encourage their citizens to cross illegally.  Only a permanent structure will serve as a barrier to protect our citizens, our economic system and our jobs.

9.  Control of Foreign Labor. Tight control of highly skilled labor classifications (H1B) such that no workers are admitted to the U.S. in competition with U.S. workers.

10.  Legalization.  Last, and only if all of the above are accomplished, any workers approved in #2 above to work in the U.S. can apply to receive a permanent residency but get in line behind those currently waiting from that country (presently about a 10 year wait for Mexico).  They cannot vote or receive citizenship benefits until after the 10 year period and must learn English, pay any prior taxes, and a fine.  They would not be eligible for citizenship for a minimum of 15 years from initial application in #2 above, unless they are accepted to and serve successfully in the U.S. Armed Forces.