Employment Verification Act of 2005

Mr. President, I rise today to introduce my comprehensive immigration reform legislation. This legislative package consists of four bills that deal with national security, employment security, America's workforce, and bringing accountability to those living here illegally. This package is an enhanced version of immigration reform legislation I introduced in 2004 with former Senate Minority Leader Tom Daschle.

Immigration reform is an urgent national security priority. We cannot continue to defer making tough choices about our nation's immigration policy. It is not in our interest to have 8 to 12 million people undocumented and unaccounted for in our country. The American people won't accept immigration reform until they are convinced we are controlling our borders. Congress must reform the patchwork of immigration laws that have created an underground, black market labor force.

The first bill is the Strengthening America's Security Act of 2005. The bill strengthens national security and U.S. borders by assisting law enforcement in their efforts to secure our borders. It will increase the number of Customs and Border Protection officers; require DHS to use updated technology at the border; increase criminal penalties for alien smuggling, document fraud, misuse of social security numbers, gang violence, and drug trafficking at the border; authorize continued funds to reimburse states for the costs of detaining undocumented aliens; and give DHS additional tools to detain and deport undocumented aliens.

The second bill, the Employment Verification Act of 2005, requires employers to verify the employment eligibility of their employees. The bill will assist all employers in their effort to hire legal workers by establishing a mandatory electronic worker verification system. The system would be managed by DHS in conjunction with the Social Security Administration. The system will allow employers to immediately verify whether an individual is authorized to work in the U.S. This system is already being used by the federal government and by certain employers across the country, including some in Nebraska. The system will be phased-in over a 5 year period, starting with large employers. The legislation includes protections to ensure that the system will not result in hiring discrimination based on race or national origin, nor will it interfere with the regular hiring process. Employers who use the system will receive a ``safe-harbor'' from prosecution for hiring unauthorized workers.

The Strengthening America's Workforce Act of 2005 will amend the Immigration and Nationality Act to address

the demand for foreign workers. The bill will provide foreign workers for low-skilled jobs that would otherwise go unfilled by admitting a limited number of workers annually through a new temporary worker program. Employers seeking to hire foreign workers through this program must first demonstrate that no qualified U.S. worker exists and that they will provide the same wage levels and working conditions as U.S. workers. Workers will be admitted for a limited period of time and will be allowed to change employers. Visas are good for 2 years and can be renewed. Qualified workers and their families would be provided an opportunity to adjust their immigration status over time.

In order to address the need for high-tech workers and to reduce the existing worker visa backlog, this legislation would allow foreign students who have earned an advanced degree in science, technology, engineering or math from U.S. universities to receive a H-1B work visa without leaving the country and without regard to the annual cap of 65,000. In addition, high-tech workers who have worked in the U.S. for three years may be allowed to adjust to permanent resident status without regard to the annual cap of 140,000. The spouses and children of immigrant workers would also be allowed to adjust status without regard to this cap.

In order to encourage more foreign students to study in the U.S., this legislation would give full-time foreign college and graduate students the opportunity to work part-time while studying at U.S. universities.

The fourth bill, the Immigrant Accountability Act of 2005, will amend the Immigration and Nationality Act in order to encourage those in the U.S. illegally to apply for legal status. The legislation would create an earned adjustment program for long-term undocumented Immigrants and provide an opportunity for illegal aliens and their families to become invested stakeholders in the country if they can demonstrate that they have met all of the following requirements:

Passed national security and criminal background checks;

Resided in the U.S. for at least 5 years preceding the date of introduction;

Worked a minimum of 3 years in the U.S. preceding the date of introduction, and 6 years after introduction;

Paid all Federal and State taxes;

Registered for Military Selective Service;

Demonstrated knowledge of English language and American civics requirements;

Paid a $2,000 fine, in addition to required application fees. Fines assessed from this program could total as much as $12 billion.

The legislation would create a program for short-term undocumented immigrants who cannot meet the work or residence requirements. They will register with DHS and will be allowed to apply for a visa. However, these undocumented immigrants must return to their home country to obtain the visa and be readmitted through the legal process. These undocumented immigrants will have three years to complete the application process and will be authorized to work during that time.

There is a backlog reduction provision in the bill that would exempt certain individuals, living outside the U.S., from existing caps on family-based immigrant visas. This section was originally included in the 2004 Hagel/Daschle Immigration Reform bill.

The new fines and fees created by this legislation will fund the new and expanded programs created in it. Fines assessed by this legislation could total as much as $12 billion. A majority of the funds will come from the $2000 fine illegal aliens would pay under the Earned Adjustment Program.

This legislation is the product of years of discussions with law enforcement, business, labor, and advocacy communities. The bills are a serious effort to meet the President's principles for reform with commonsense legislation. In March, I visited the Mariposa Nogales Port of Entry in Arizona at the U.S.-Mexico border and saw first-hand border patrol operations with U.S. Customs and Border Protection agents.

I understand that immigration reform is a complex and difficult issue. In addition to the legislation I have introduced today, there are other proposals on the table. The American people won't accept any more excuses. Now is the time for us to stop deferring tough decisions and take action on this urgent national priority.

Mr. President, I rise along with my colleagues, Senators Landrieu, Byrd, Specter, Lott, Lieberman, Inouye, Levin, and DeMint, in order to introduce the Virgie S. Arden American Horse Slaughter Prevention Act.

As a veterinarian, I am well aware of the love that Americans have for their horses. Much of our Nation's early history and culture is associated with these animals. We think of George Washington's horses and the legend of Paul Revere's ride and the Pony Express. More recently, we were reminded of how the Depression Era race between Seabiscuit and War Admiral

raised the spirit of our Nation during desperate times.

While horses in the United States are not raised for food, last year alone more than 65,000 horses were slaughtered in the United States for human consumption abroad. Tens of thousands more were transported to Canada and Mexico for slaughter there. Work horses, race horses, and even pet horses, many of them young and healthy, are slaughtered for human consumption in Europe and Asia, where the meat is sold as a high- end delicacy. Polls show that Americans overwhelmingly support an end to this practice. This sentiment was reflected in the Senate's recent 69-28 vote to prohibit the use of Federal funds to facilitate horse slaughter. The House of Representatives passed identical legislation by a similarly bipartisan vote in June.

Often, owners who sell their horses at auction are unaware that their horses may well be on their way to one of the three remaining slaughterhouses in America where horses are killed for human consumption. These slaughterhouses are foreign-owned and the product is shipped abroad, as are the profits.

While several States are attempting to address the concerns of citizens regarding the tens of thousands of horses going to slaughter each year, the absence of Federal law creates a loophole through which the slaughter can continue. Some States have prohibited the use of double-deck cattle trailers to move horses to slaughter. Texas, which is home to two of the three slaughter plants, has had a law in place since 1949 to effectively prohibit horse slaughter for human consumption. Yet the district attorneys with jurisdiction over the plants have been unable to prosecute these foreign companies, and horses continue to be slaughtered. To end this situation, we must have a Federal law that prohibits sending horses within States, across State lines, or over our domestic borders for the purpose of slaughtering them for human consumption. We can effectively achieve this goal by passing the Virgie S. Arden American Horse Slaughter Prevention Act.

Congress has the constitutional authority to regulate the horse slaughter trade--including intrastate shipment--because such trade has a substantial impact on interstate and international commerce. Horses are regularly moved across State lines to be slaughtered in the three remaining horse slaughter plants--one in Illinois--and the other two in Texas. Others are exported across the U.S. border to Canada and Mexico for slaughter there. Even the meat of slaughtered horses is eventually moved across State lines or our domestic borders for sale outside of the United States. Our bill will end this practice.

I know that some people have expressed concerns about what will happen to horses if their slaughter is ended. Many of these horses will be sold to a new owner, kept longer by their original owner, or euthanized by a licensed veterinarian. Others will be cared for by the horse rescue community, and efforts are now underway to standardize practices in this ever-growing sector. Guidelines for these rescue organizations have been developed by the animal protection community and embraced by sanctuaries across the country.

Some people have questioned whether this law will result in the abuse and neglect of unwanted horses. Thankfully, statistics do not support this claim at all. Recently released figures show that the number of abuse cases dropped significantly in Illinois from 2002 to 2004, the period in which the State's only horse slaughtering facility was closed due to fire. Also, since California passed a law banning the slaughter of horses for human consumption, there has been no discernible increase in cruelty and neglect cases in the state.

Furthermore, it is currently illegal to ``turn out,'' neglect, or starve a horse, so this bill will not result in an increased number of orphaned horses in the United States. If a person attempts to turn his or her horses out, under current law, animal control agents will be able to enforce humane laws. As I stated before, this bill seeks only to end the slaughter of horses for human consumption. If a person wishes to put an animal down, it costs about $225 to have the horse euthanized by a licensed veterinarian and disposed of--a fraction of what it costs to keep a horse as a companion or a work animal. That cost is not too big a burden to bear when no other options are available.

The time for a strong federal law ending this slaughter is now. This bill does not target other forms of slaughter, rendering, or euthanasia, rather it focuses solely on the slaughter of American horses for human consumption. The House version of this bill, H.R. 5031, currently has more than 120 cosponsors. Please join Senator Landrieu and me in cosponsoring the Virgie S. Arden American Horse Slaughter Prevention Act.

Mr. President, I yield the floor.

Mr. President, the House of Representatives has passed, and the Senate Environment and Public Works Committee is considering, legislation to increase petroleum refinery capacity in the United States. The argument is that the shortage of domestic refining capacity is contributing to the rising price of gasoline which, in turn, is squeezing families' pocketbooks and complicating our Nation's economic future. The theory is that relaxing environmental regulations will unlock long dormant investment in new domestic refining capacity.