February 12, 2004
Remarks as Prepared

Chairman Chambliss, Ranking Member Kennedy, and other distinguished members, it's a pleasure to appear before you today to discuss the President's proposed temporary worker program.

The President has outlined several basic principles for this program, including three directly related to immigration enforcement.  These principles are:

1) Protecting the Homeland by Controlling our Borders;

2) Providing Incentives for the Return of Aliens to their Home Country; and

3) Workplace Enforcement of our Immigration Laws

The President's proposal holds the promise of strengthening our control over U.S. borders and, in turn, improving homeland security.  It also marks a continuation of efforts to control our borders that intensified in the wake of the September 11th attacks against our nation - attacks which remind us that threats still exists and our nation must take actions that will protect our citizens, our institutions, and our freedoms against those who wish to do us harm.

Illegal entry across our borders makes more difficult the urgent task of securing the homeland. We must be able to better account for those individuals who enter our country, instead of the current situation in which millions of people enter unknown.  

This presents clear problems with respect to removal, both from an enforcement perspective and an employer perspective.  With a temporary worker program in place, law enforcement will face fewer problems with unlawful workers and will be better able to focus on other threats to our nation from criminals and terrorists.

For example, this program is intended for those who were here and working as of the President's announcement on January 7th.  There was no intent to encourage further illegal entries or to benefit those who enter illegally after the President's announcement.  Accordingly, we would suggest that Congress make this program retroactive.

The President's proposed temporary worker program also would provide participants in the program with lawful documentation.  Temporary workers would be permitted to travel legally and freely across the border, resulting in more efficient management of our borders and more effective enforcement against those who are removable and those who pose a danger to our country.  

Giving aliens the ability and the incentive to travel through our ports of entry, rather than illegally between the ports, is a tremendous advantage.  When our US-VISIT program is fully implemented, we will also know when aliens enter and exit the United States to verify that participants are complying with the terms of the worker program, making it easier to enforce.

I take the rule of law seriously. Accordingly, border enforcement will be critical to this process, and the Department of Homeland Security has set the stage for an effective border.  Since September 11, 2001, the Border Patrol has increased the number of agents from 9,788 to 10,835 as of December 1, 2003.   Between the ports of entry on the northern border, the size of the Border Patrol has tripled to more than 1,000 agents.  In addition, the Border Patrol is continuing installation of monitoring devices along the borders to detect illegal activity.

We believe this program should link efforts to control our border with international agreements with countries whose nationals benefit from the program.  We are currently negotiating interior repatriation agreements with Mexico that would help break the cycle of alien smuggling by returning aliens closer to their home in the interior of their country.  Cooperation from the Mexican government will be especially critical, including possibly greater Mexican efforts to control the flow of Mexican migrants not qualified under the temporary worker program to the U.S. border and greater Mexican efforts to combat human smuggling organizations.

Let me assure you - a Temporary Worker Program will not change our mission.  Unauthorized entry into the United States will still be illegal, and we will gain greater control over our borders by more effective deployment of technology; by coordinated law enforcement efforts; and through increased man-power at border hot spots.

The President's proposal for the temporary worker program also requires the return of temporary workers to their home country after their period of work has concluded.  The legal status granted by this program would last three years, be renewable, and would have an end.  Returning home is made more desirable because during the temporary work period, workers would be permitted to come and go through U.S. ports of entry so the workers can maintain roots in their home country.

Requiring workers to return home at the conclusion of the work and not permitting the work under the program to be a basis to obtain lawful permanent resident status are important distinctions from other proposals.  

The President's plan provides a disincentive to immigrate illegally to the U.S. when potential temporary worker aliens know in advance that the legal status granted under this type of program is the beginning of a path to return home and not a path to permanent residency or citizenship.

A temporary worker program would also require workplace enforcement; employers should report to the government the temporary workers they hire, and who leave their employ, so that we can keep track of people in the program, and better enforce immigration laws.  

There are a number of existing systems that could serve as a useful model for this new system.  We might also build upon the substantial experience of legacy INS' SAVE Branch, which is now part of U.S. Citizenship and Immigration Services, in cooperation with the Social Security Administration, to develop and operate automated employment eligibility verification programs used by voluntarily participating employers.  We are certainly open to other means of accomplishing the goal set out by the President and to good ideas that others may have.

Our worksite enforcement mission is now located in Immigration and Customs Enforcement's National Security Division.  Specifically, ICE will continue to monitor employee hiring practices to ensure compliance with the statutory requirements.  ICE will continue to coordinate its employer sanctions and worksite enforcement activities with other agencies, such as the Department of Labor and the Department of Justice.  Further monitoring will occur where intelligence and ICE auditing indicates widespread disregard of employment verification requirements in a particular industry.

The President's proposed temporary worker program complements the Department of Homeland Security's immigration enforcement initiatives in the 2005 Budget.  The President is committed to moving this initiative forward. While the Administration certainly recognizes that immigration is a complicated, emotional issue, advocates across the immigration spectrum want reform of our unduly confusing and inconsistent immigration laws.  Passing a temporary worker program that works to benefit the American economy, while bringing integrity to our immigration system, is a reasonable goal for all of us.  The Administration is ready to work with the Congress to move forward in achieving this important goal.