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Concede?

April 8, 2009
Editorial
Perhaps members of Congress should take an oath similar to physicians and vow to "do no harm." Unfortunately, it seems the first instinct of Congress when a problem arises is to write several hundred pages of "solutions" that -- more often than not -- cause more harm than good.

The now-dead Senate bill would have exacerbated the immigration problem in many ways: providing legal status under a new Z Visa for those who came to the United States illegally, increasing the number of visas allowed for chain migration, instituting a one-day requirement for completing background checks and adding a massive guest worker program that the Department of Homeland Security is ill-equipped to handle.

Welcome Failure

In the rush to claim victory on solving the immigration problem, senators forgot whom they are supposed to be serving -- American citizens.

Ironically, the best possible outcome for the immigration debate and the American people actually occurred -- Congress failed. The failure revealed what America really wants: border security and workplace enforcement.

The good news is that we can still achieve these two priorities if we just focus public attention on two existing efforts. Last year, Republicans passed the Secure Fence Act, which directs the Department of Homeland Security to build a 700-mile fence along the U.S.-Mexico border. The only action Congress must take now is to adequately fund the fence beyond the $1.2 billion already provided.

In addition, Congress must act on workplace enforcement. This is one area on which the Senate and House, and Republicans and Democrats, can agree. In 1996, I created the only employment verification system currently available to employers, the Basic Pilot Program. More than 16,000 employers voluntarily participate in the Web-based program (to sign up for the pro gram, go to www.visdhs.com/EmployerRegistration. A bill I introduced last January, HR 19, would make the Basic Pilot Program mandatory over a period of seven years -- allowing small businesses plenty of time to become compliant.

Where government fails, the American public can succeed. One can easily see a frustrated public patronizing only those businesses that use the Basic Pilot Program to ensure that members of their work force have provided documents showing legal status to work.

Interested shareholders and investors could make it a matter of good corporate citizenship that businesses comply with employment verification. In fact, businesses might come to see it in their financial interest to make it known that they comply. Consumers already have the necessary tools to find businesses in their communities that participate in the Basic Pilot Program through the Web site www.smartbusinesspractices.com.

'Self-Deportations'

The federal government, including Congress, is already obligated to use the program. States could easily follow and require that state agencies and, perhaps, vendors with state contracts comply with the employment verification system. If politicians don't act sensibly, the people might insist on a market-based demand for employment verification.

Gradually moving over seven years toward 100 percent workplace use of the Basic Pilot Program would dispel the scenario of mass deportations. Those here illegally would gradually "self-deport" because it would be harder and riskier to find employers willing to break existing law and hire them.

I hope House Speaker Nancy Pelosi recognizes the will of the people and does not resurrect the comprehensive approach to immigration. Instead, she should focus on the enforcement aspects the American people have persistently demanded.

Only then will Americans once again have faith that their government, in the end, did no harm.
Issues: Homeland Security and Illegal Immigration