Tanredo's "Trick or Treat"

Date: Friday, November 01, 2002 12:23 AM

One of Tom Tancredo's congressional aids presented a new guest worker
proposal to a small group of us during the second day of the immigration
conference in Washington D.C. This "guest worker" proposal will amend the
H-2B program into a new visa. The bill, called H-2C, or "Meeting American's
Labor Needs Fairly Act of 2002" will not be submitted to the house until
January 2003. There is no bill number assigned yet since it's in the
proposal stage.

This bill will increase the limits of the H-2B visa for temporary unskilled
workers from 66,000 per year to 500,000 per year.

Many of us were stunned that a stalwart of immigration control legislation
like Rep. Tom Tancredo of Colorado would favor this escalation of guest
worker programs because he introduced legislation to limit H-1B and he
claims to want to limit both legal and illegal immigration.

There is a lot of speculation why Tancredo appears to be reversing
directions. Some people think that the attacks from the Colorado press and
the pressure from the state's major employers finally forced him to cave in.
Some speculate that he will offer this H-2C legislation as an alternative to
mass amnesty of illegal aliens. One of his aids claimed that H-2C is an
improvement over a massive amnesty bill that will be introduced in January.
These "improvements" are discussed below.

Tancredo's rationale for proposing H-2C is flawed because it is tantamount
to an open borders policy. Amnesty would be a more honest approach to
immigration than this poorly conceived bill.

My recommendation: TOM, JUST DON'T DO IT!
You can make your recommendation to his email at:
tom.tancredo@mail.house.gov

TANCREDO'S STATED INTENTION:

http://www.house.gov/tancredo/newsroom/editorials/2002_10_10KrisEggle.htm
In addition, we need to enact a realistic and workable guest worker program.
I have drafted new legislation to accomplish that, and will introduce my
proposal in January. It will have time limits on participation by
individuals, and it will have incentives for employer compliance. If the
demand for illegal immigrants dries-up, so will the supply.

ANALYSIS OF PROPOSAL:

* This bill is an expansion of the H-2B program to 500,000 visas. H-1B and
other nonimmigrant visas such as the L-1 won't be affected.

* The term "unskilled workers" refers to those workers without college
degrees or those considered to be "blue collar." Workers that now have H-1Bs
will be able to transfer their status to H-2C. This will free up many spots
on H-1B so that more high-tech people can use them.

* Employers that sponsor H-2C visas don't have to pay the $1,000 fee that is
required for H-1B visas.

* Employers are not held liable if they employ illegal aliens for less than
180 days as long as the employers say that they didn't know the worker was
an illegal alien. Employers can employ aliens that don't have H-2C visas or
that are out of status.

* There is no process to insure that the yearly limit of 500,000 will be not
be exceeded. This could be difficult to enforce because counting the number
of aliens working during their 180 day amnesty would be very difficult.

* Nonimmigrants can ask for an adjustment of status to H-2C. That will allow
H-1B, L-1, J-1, and other visa holders to get the easier, cheaper, and
faster H-2C.

* H-2C visa holders can get extensions in one year increments indefinitely.
Essentially this makes them permanent residents.

* Employers are required to pay for healthcare. This section is interesting
because most low salary employers won't pay medical care. It's doubtful that
this section will pass so it will probably be eliminated or watered down.

* Visas are for one year and can be renewed in one year increments
indefinitely. They can apply for green cards and stay in the US until they
get one.

* The alien is given an identity card, but if their card is out of status
they can continue to work for 180 days. Other documentation that is
permitted to be expired include employment eligibility and the petition for
extension of the visa.

* The attorney general can authorize these visas.

* The attorney general will establish how to enforce the rules. No
enforcement is defined in the proposal. The proposal doesn't define a method
to deport H-2C visa holders who are out of status so it will probably be the
responsibility of the US Dept. of Justice. It also doesn't show how this
huge influx of aliens will be tracked or deported.

* The visa can be denied if Mexico isn't cooperating with the United States
to end illegal immigration. Since the rules of cooperation aren't defined it
might be up to the subjective opinion of the attorney general, John "open
borders" Ashcroft.

* No family members are permitted under H-2C but nothing stops them from
applying for a myriad of other guest and family visas.

* No funding is established for this visa so in all likelihood it will
require the DOJ and INS to run the program without the money and resources
to manage it and enforce the rules.

ADDITIONAL BACKGROUND MATERIAL

http://www.newsmax.com/archives/articles/2001/9/6/170401.shtml
"It is not in the best interest of either of our two countries to allow the
unfettered south-to-north flood of illegal and legal immigrants," said Rep.
Tom Tancredo, R-Colo., leader of the Congressional Immigration Reform
Caucus.

August 27, 2001
http://www.human-events.com/articles/08-27-01/dagostino.html
Tancredo favors an identity card system that would prevent those living
illegally in this country from obtaining employment. "That is the solution
to illegal immigration," he said. "We have to come up with a guest-worker
program that is bulletproof. . . . I know a lot of people get very nervous
about that, but I don’t. It’s a bogus issue. The consequences of not having
it are worse than those of having it. We need a severe penalty for hiring
people illegally. If that’s not what we want, we should erase the border."

http://www.humanevents.net/articles/05-06-02/dagostino.htm
There’s the issue of labor and whether our business interests are such that
the Republican Party would consider reducing the flow of cheap labor. There
are the relations with Mexico that the administration so desires to
improve—that will help Vicente Fox stay in power.

http://www.pbs.org/newshour/bb/congress/july-dec01/immigration_9-6.html
guest worker programs are guest worker programs; amnesty is amnesty. They
should never be connected

http://www.jeffconews.com/n2284yb.html
Rep. Tom Tancredo is against amnesty. He is for a guest worker program

Having a program that would identify who is entering the country, would make
entrance to the country quick, safe and easy, and would help employers to
legally hire workers, Tancredo said the tide of humanity coming from Mexico
could be controlled.

"I don't care how many we are talking about, however many we need," Tancredo
said. "Then the folks who are here (illegally) will return or go back, get
in line and come in through the regular process."

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