Immigration Reform Caucus

Bilbray Touts Employer Responsibility in Proposed Immigration Bill

San Diego Daily Transcript | By Elizabeth Malloy

February 20, 2008

U.S. Rep. Brian Bilbray, who has made illegal immigration the cornerstone of his current congressional term, said that making the business community part of the solution is key to solving the problem of illegal immigration in the United States.

“The employers of illegals are the source of illegal immigration," Bilbray said. “You just cannot continue to import massive amounts on under-educated, under-trained people that are desperate for work, employment and services. You just can’t sustain it, so now we’ve got to wean off of this.”

This is a large part of a new bill Bilbray has put forth, which he said has gained support from both sides of the aisle. It was co-sponsored by North Carolina Democrat Heath Shuler and has earned support from both the Latino Caucus from Texas and Republicans with hard-nosed approaches to immigration like Duncan Hunter (R-Alpine).

The bill, dubbed the SAVE Act (Secure America with Verification and Enforcement), includes an ordinance that would require employers to use the E-Verify program to make sure new hires are legal. E-Verify is a Web-based program by the Social Security Administration, which is currently voluntary. Bilbray’s plan would phase in the mandatory requirement over a few years, depending on the size of the business.

“You’ve got to separate those employers who accidentally hire illegals from those who are purposefully doing it,” Bilbray said during a meeting with Daily Transcript editorial staff members Wednesday.

The SAVE Act was introduced to congress late last year and was last referred to the House Subcommittee on Terrorism, Unconventional Threats and Capabilities.

In addition the E-Verify mandate, it also includes provisions for 8,000 new border patrol agents, 1,200 new Immigration and Customs Enforcement agents, funding for aerial surveillance, 13 new federal judges to specifically handle immigration and border issues, and more.

All federal contractors are already required to use E-Verify. According to Bilbray, there are less than 1 percent glitches in the system, which is relatively very successful. It gives employers a safeguard against prosecution since it’s the federal government itself telling them they can or cannot hire a person.

“If anyone is caught hiring illegals now, the courts are using the E-Verify as a mandated probation period, which is really a testimonial to the system,” Bilbray said. “A French woman who was busted down south, I think she was in Chula Vista with a bakery. She was the one who really got me on this. The judge put her on this and she said, ‘If I had known about this program I would have never had a problem. I could have checked.’”

Bilbray said the vast majority of calls his office gets from constituents are about immigration, many times from concerned business owners. But he said most of those callers are vehemently opposed to any kind of amnesty. Arizona Sen. John McCain appears to be a lock for the Republican presidential nomination, and McCain came under fire for offering a kind of amnesty to all illegals currently in the country. Bilbray said he thinks McCain learned that position is not what most conservative voters want, and he expects McCain will back his, or a similar bill in the future.

“I think (McCain) understands there is no credibility on this issue in Washington. The American people do not trust them and (they) have to earn it again,” Bilbray said. “Hopefully I’ve got a vehicle for John McCain to tout his bi-partisanship and the fact that he gets the message by going with the SAVE Act.”