[Congressional Record Volume 150, Number 60 (Tuesday, May 4, 2004)]
[Senate]
[Page S4842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY (for himself, Mr. Feingold, and Mrs. Clinton):
  S. 2381. A bill to provide for earned adjustment to reward work, 
reunify families, establish a temporary worker program that protects 
United States and foreign workers and strengthen national security 
under the immigration laws of the United States; to the Committee on 
the Judiciary.
  Mr. KENNEDY. Mr. President, it is a privilege to introduce the Safe 
Orderly Legal Visas and Enforcement (SOLVE) Act of 2004.
  Much of the Nation's economy today depends on the hard work and the 
many contributions of immigrants. Many industries depend heavily on 
immigrant labor. These workers enrich our Nation and improve the 
quality of our lives. Yet millions of today's immigrant workers are 
undocumented. These workers and their families live in constant fear of 
deportation, and are easy targets of abuse and exploitation by 
unscrupulous employers and by criminals. Many risk great danger, and 
even death, to cross our borders.
  For important reasons--to strengthen national security, to guarantee 
sound economic and labor practices, and to ensure fundamental 
fairness--it is essential to reform our immigration system. We need 
immigration policies that provide a safe, orderly system where legality 
is the prevailing norm. We need immigration policies that reflect 
current economic realities, that respect the core values of family 
unity and fundamental fairness and that uphold our proud tradition as a 
Nation of immigrants.
  These are complex issues, deserving careful consideration and debate. 
But they are also issues that demand immediate attention. Our bill 
creates a genuine earned legalization program for undocumented workers 
and a revised temporary worker program with protections for both U.S. 
and foreign workers. It also creates a realistic path to citizenship 
for all deserving immigrants, and takes clear steps to reunite 
immigrant families.
  The legislation will benefit both workers and businesses. It improves 
wages and working conditions, and provides an effective way for 
foreign-born workers to become permanent residents if they wish to do 
so. It benefits immigrant families by reducing the unacceptable 
backlogs and obstacles that have separated families for too many years.
  Family unity has always been a fundamental cornerstone of America's 
immigration policy. Despite this fact, over three million individuals 
are awaiting immigrant visas in order to reunite with their families. 
This bill will allow immigrant families to be reunited more quickly and 
humanely. It also removes other obstacles in our current immigration 
laws that are separating families, such as the stringent affidavit-of-
support requirements and the bars to admissibility.
  No immigration proposal is complete without an earned adjustment 
program. Hard-working immigrants living in the United States contribute 
to the economic growth and prosperity of our Nation. Immigrant workers 
are, and will continue to be, essential to the success of many American 
businesses. Our legislation will allow these long-term, tax-paying 
immigrants to apply for earned adjustment of status, providing 
employers with a more stable workforce and improving the wages and 
working conditions of all workers.
  A revised temporary worker program is a necessary component of any 
immigration reform, but it cannot stand alone. It must be enacted in 
conjunction with earned legalization and family unity priorities, and 
it must avoid the troubling legacy of exploitation that has marred past 
guest worker programs.
  This legislation strikes a fair balance. It will ensure that 
individuals participating in the program receive the same labor 
protections as those given to U.S. workers, including the right to 
organize, the right to change jobs between employers and economic 
sectors, and the protection of wages, hours, and working conditions. 
Anything else would subject migrants to abuse, and undermine the jobs, 
wages and working conditions of U.S. workers. The bill also provides 
participants with an opportunity to become permanent residents, and 
eventually citizens, if they wish to do so. Without such an 
opportunity, we will be creating second class status for temporary 
workers.
  Since the terrorist attacks of September 11th, we can no longer 
tolerate policies that fail to protect and control our borders. For the 
last decade, Congress has invested millions of dollars to vastly 
increase the number of immigration border patrol agents, improve 
surveillance technology, and install other controls to strengthen 
border enforcement, especially at our southwest border. Yet, almost 
everyone will agree that these policies have failed to stop illegal 
immigration. The proof is in the numbers--several hundred thousand 
people continue to enter the U.S. illegally each year.
  Our border enforcement strategy has, in effect, diverted migration 
flows to the most inhospitable desert and mountain terrains, causing 
dramatic increases in deaths due to exposure to the elements. According 
to statistics from the U.S. Border Patrol, since 1998 nearly 2,000 
people have died making the treacherous journey across our southern 
border. Desperate migrants are being drawn into criminal smuggling 
syndicates, increasing the danger of violence to border patrol agents, 
border communities, and the migrant themselves. As Stephen Flynn, an 
expert on terrorism, noted at a recent Congressional hearing, these 
``draconian measures'' have produced chaos at our borders, which 
``makes it ideal for exploitation by criminals and terrorists.''
  Our borders must be safe and secure. Although no terrorists have been 
apprehended crossing the southern border, the conditions there are ripe 
for abuse. Our present enforcement policies are not effective. Our bill 
will replace the chaotic, deadly illegal crossings along our southwest 
border with orderly and safe legal avenues for immigrant workers and 
immigrant families. Substantially legalizing the flow of people at our 
borders will strengthen our security and substantially reduce criminal 
activities, enabling immigration enforcement agents to focus their 
resources on terrorists and criminals attempting to enter the country. 
The bill will strengthen national security by encouraging undocumented 
persons to come forward to become legal.
  We have a unique opportunity to reform the current immigration 
system, and apply sensible policies that reaffirm our commitment to 
family unity, fundamental fairness, economic opportunity, and humane 
treatment.
  The bill we are introducing today will achieve the full reforms we 
need. A good first step would be to enact two bills that are already 
pending--the AgJOBS bill to reform the immigration laws for migrant 
workers, and the DREAM Act, to enable undocumented high school students 
to qualify for legal status so they can attend college. The 
Administration's wholehearted endorsements of these two bills would 
guarantee their immediate passage. Let's at least get these bills done 
now. We cannot afford any more delays.
  I look forward to working with my colleagues to reform our 
immigration laws. It's time to make these long-overdue reforms happen.
                                 ______