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Proposed immigration legislation in House will put burden of enforcement on employers

October 2005

How your business is affected: It appears probable that in the next few weeks the U.S. House of Representatives will take up an immigration bill that focuses solely on interior enforcement and border security. This could include an entirely new mandated hiring process for employers and increase in penalties and paperwork. Employers also could be in danger of losing workers—nearly 5 percent of the work force is undocumented, and many are working "on the books" with false documents.

Current situation: The I-9 hiring process every employer must follow sometimes results in the unknowing employment of immigrant workers who have false, but legitimate-appearing documents. This has resulted in 10 to 12 million undocumented immigrant workers living and working in the U.S. The vast majority of these workers are holding jobs and contributing to the economy. It would be useful to identify them for national security purposes and create a process by which, after meeting certain strict criteria, they can obtain legal status that allows them to continue to work.

Solution for the roofing industry: Any legislation in the House should: 1) provide for increased national security and control of our nation's borders; 2) create an efficient temporary worker program that allows employers to recruit immigrant workers when there is a shortage of domestic workers; and 3) provide a mechanism for qualified, screened, undocumented immigrant workers currently living in the U.S. to earn legal status. All three of these elements must be joined in one initiative.

The law already penalizes employers who knowingly hire illegal aliens and imposes enough paperwork; the primary burden of enforcing our immigration laws should not fall on employers.

What to do: Call your representative and ask him or her to support comprehensive immigration reform that includes the above three components. Make it known that enforcement-only legislation would be detrimental to your business and the U.S. economy. To contact your representative, call the U.S. Capitol Switchboard at (202) 224-3121 and provide the name of your representative. Also, you can use the following sample letter to e-mail or write to your member of Congress.

For more information, contact Craig Silvertooth, NRCA's director of federal affairs, at (202) 546-7584 or e-mail csilvertooth@nrca.net.

To read NRCA's position paper about comprehensive immigration reform, click here.

Sample letter

The Honorable (full name)
U.S. House of Representatives
Washington, D.C. 20515

Dear Rep. (last name):

I am writing to urge you to support a comprehensive approach to immigration reform. Our nation's immigration system is broken. If we honestly hope to succeed in fixing it, we must acknowledge the fact that a piecemeal approach such as "enforcement-alone" will fail. Any serious remedy must do three things: 1) strengthen our national security; 2) reinforce the rule of law; and 3) address the current and future economic and labor needs of our economy.

I write today because it has come to my attention that the U.S. House of Representatives is considering voting soon on a measure that focuses solely on interior enforcement and border security. This approach fails to recognize the economic realities of my industry and our nation's economy as a whole. Simply allocating additional resources to enforcement will not cure our nation's immigration crisis. This approach has failed in the past and is doomed to fail again unless it is coupled with a program that takes into account the demographic trends facing the U.S.

With an aging domestic workforce and concurrent rise in demand for construction services, the roofing industry, in particular, faces an enduring shortage of workers. The U.S. Bureau of Labor Statistics projects the roofing industry alone will need 70,000 new workers during the next decade just to keep pace with the demand for professional roofing services. Further, the Construction Labor Research Council estimates the construction industry will require an average of 185,000 new workers per year over the next decade to meet the labor demands of the industry. I strongly believe our nation's immigration policy should ensure U.S. workers are not displaced by foreign-born workers. However, after decades of engaging in efforts to encourage native-born U.S. citizens to consider careers in the construction industry, my industry is faced with the inescapable reality that foreign-born workers are necessary to help fill jobs for the construction services and products U.S. citizens demand.

Unfortunately, current law provides few avenues for construction companies to access a sustainable supply of essential workers. To address the concerns created by the ongoing influx of undocumented workers and keep our nation's economy growing, Congress must deal with the need for a guest worker program that can serve as a legal vehicle to help meet the labor demands of our economy. Anything short of a comprehensive approach to this challenge will jeopardize any attempt to claim control of our border or restore the rule of law.

Again, I urge you to support a comprehensive approach to immigration reform that will strengthen our borders, national security and economy.

Thank you in advance for your consideration,
(your name)

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