Immigration Reform in Washington and Harrisburg

Transcription

1 Immigration Reform in Washington and Harrisburg Employer s Risks and Opportunities 2007 SHRM PA State Legislative Conference William A. Stock, Esq JFK Blvd. Suite 1700 Philadelphia, PA

2 William A. Stock, Esq. William A. Stock is a founding partner of Klasko, Rulon, Stock & Seltzer, LLP. He handles all aspects of immigration law, particularly employment-based immigration law and compliance for companies, universities, and individuals. Bill is featured in The Chambers Global Guide, The Best Lawyers in America, and other guides to prominent attorneys. He is active in the American Immigration Lawyers Association on a national level, and in 2000 he received AILA s Joseph Minsky Award, given to the lawyer under age 35 who has made the most outstanding contributions to the field of immigration law. Bill is a graduate of the University of Minnesota Law School and currently is an Adjunct Faculty Member at Villanova University School of Law.

3 Washington Update Prospects for Immigration Legislation in 2007

4 Immigration Reform: How Did We Get Here? Current Immigration Quotas are 17 Years Old and No Longer Match Economy s Need High-Skilled Worker Caps Force Companies Off-Shore Temporary/Seasonal Visa Availability Does Not Meet Demand No Viable Route to Sponsoring Many Needed Workers Increased Border Enforcement Raises Stakes of Crossing to US and Decreases Seasonal Work Increasing Length of Stay Brings Families to Stay with Breadwinners

5 3 Key Components Needed for Immigration Reform Restoration of legal flow and control of our nation s borders A path to earn a permanent legal status for the undocumented immigrants living in the US Matching the economy s need to the supply of future immigrants

6 3 Key Components Needed for Immigration Reform Restoration of legal flow and control of our nation s borders Control At The Border: Improved Barriers and Increased Funding Control In the Interior: Increased Enforcement Against Those Here Without Authorization Employer Sanctions: Strong Penalties for Employing Those Without Authorization and for Violating Worker Rights

7 3 Key Components Needed for Immigration Reform A path to earn a permanent legal status for the undocumented immigrants living in the US Rejection of a blanket amnesty for those here Recognize that many will become productive citizens Provide a path that includes paying taxes, learning English and civics, no criminal record, and going to the back of the line Currently debating exact form this will take

8 3 Key Components Needed for Immigration Reform Matching the economy s need to the supply of future immigrants Reduce current extensive backlogs and artificially low caps Provide a safe and orderly temporary worker program that is responsive to labor shortages and guarantees full labor protections for both native and temporary immigrant workers

9 This Year s Comprehensive Immigration Reform Debate During the beginning of the 110th Congress, all matters dealing with immigration legislation will be steered towards a CIR package. Democratic control of Congress has modified terms of debate, but immigration is an issue that fractures both parties 2008 Effect limits time in which reform can be passed August 2007?

10 Employer s Concerns: Enforcement New Requirement of secure, biometric proof of identity for new hires (and YOU) New Requirement to check identity document against government database Increased ICE enforcement budget Increased data sharing between IRS, SSA and DHS to identify large violators

11 Employer s Concerns: Access to Talent Increasing caps on H-1B and creation of STEM visa for international students in hightech fields Improving temporary worker visa system to ensure access to needed workers and protection of worker s rights Raising employment-based visa numbers to eliminate backlogs

12 Harrisburg Update Immigration Legislation at the State Level

13 State-Level Proposals Regulating Immigrants Increased Cooperation Between Law Enforcement and Immigration Regulatory Restrictions (Driving Licenses, Marriage Licenses) National Security Begins at Home Package

14 State-Level Proposals Regulating Immigrants Increased Cooperation Between Law Enforcement and Immigration Increased awareness and notification of DHS/ICE when apprehending individuals Participation in Federal raids Possibility of Agreement to Enforce Immigration Laws

15 State-Level Proposals Regulating Immigrants Regulatory Restrictions (Driving Licenses, Marriage Licenses) Increased Documentation Requirements (anticipating REAL-ID) Verification of Claimed Status Use of Identity as Proxy for Immigration Status

16 State-Level Proposals Regulating Immigrants National Security Begins at Home Package Re-introduced March 21, 2007 and referred to Committee Part of Nationwide Effort by Advocates of Restrictive Immigration Policy Chances of Passage Not Clear

17 State-Level Proposals Regulating Immigrants National Security Begins at Home Features Requires Electronic Verification of New Hires SSN by Employers Current Basic Pilot Program Increasing Cooperation of Police with ICE, Better Data Sharing on Past Crimes Revoking State-Level Professional Licenses of Employers of Unlawful Immigrants Eliminates Public Benefits for Persons Without Status

18 Questions?

19 Speaker Information For Further Information or to Schedule a Complementary Training on Immigration Law and Employer Immigration Policy Development: William A. Stock Tele: Fax: wstock@klaskolaw.com 1800 JFK Blvd. Suite 1700 Philadelphia, PA