[Congressional Record (Bound Edition), Volume 155 (2009), Part 1]
[Extensions of Remarks]
[Pages 216-217]
[From the U.S. Government Publishing Office, www.gpo.gov]




       IMMIGRATION ENFORCEMENT AND SOCIAL SECURITY PROTECTION ACT

                                 ______
                                 

                           HON. DAVID DREIER

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. DREIER. Madam Speaker, over the last few years we have spent 
considerable time on the extremely important issue of immigration and 
homeland security. In the 108th Congress, we passed the National 
Intelligence Reform Act, a landmark piece of legislation to overhaul 
our intelligence agencies. But, as I noted at that time, the bill 
unfortunately did not go far enough in addressing the major security 
vulnerability presented by the porous nature of our borders.
  Recognizing that need, in the 109th Congress we debated immigration 
extensively and even passed H.R. 4437, the Border Protection, 
Antiterrorism, and Illegal Immigration Control Act of 2005. 
Regrettably, the Senate failed to act on this important piece of 
legislation. In the 110th Congress, the House passed legislation to 
reauthorize the Basic Pilot, or E-Verify, employment verification 
program.
  A tremendous amount of work remains in the effort to secure our 
borders. That is why I am reintroducing the Immigration Enforcement and 
Social Security Protection Act, which is designed to eliminate up to 98 
percent of the illegal border crossings into the United States.
  I believe that any effort to end illegal immigration will be viable 
only if it addresses the root cause of what attracts illegal immigrants 
to our country: the lure of economic opportunity and the ease with 
which illegal workers can find jobs. Under the Immigration Enforcement 
and Social Security Protection Act, we will dramatically increase the 
enforcement of laws which prohibit American businesses from employing 
illegal immigrants. The growing availability of counterfeit identity 
documents has undermined the current system because employers find it 
increasingly difficult to establish the authenticity of documents 
presented by job applicants. As a result, too many employers have been 
either unable or unwilling to comply with the law.
  Our legislation adds new features to the Social Security card to 
deter counterfeiting and make it easier for employers to determine 
whether a card is genuine by including a digitized photo of the 
cardholder on the card. The improved Social Security card will also be 
encoded with a unique electronic encryption code to allow employers to 
verify each prospective applicant's work eligibility status prior to 
hiring, through either an electronic card-reader or a toll-free 
telephone number. The Department of Homeland Security will be required 
to establish and maintain an Employment Eligibility Database with an 
individual's proof of citizenship data, work, and residency eligibility 
information, including expiration dates for non-citizens. This database 
will also include information from the Social Security Administration 
that the Commissioner determines necessary and appropriate for the 
purpose of verifying an individual's work eligibility status. Employers 
who hire an illegal immigrant or choose not to verify a prospective 
employee's work eligibility will face stiff federal fines of $50,000 
and up to 5 years in prison. The employer would also be required to 
reimburse the government for the cost of deporting the illegal 
immigrant. Moreover, this bill provides that no officer or employee of 
Department of Homeland Security shall have access to any information 
contained in the Employment Eligibility Database for any purpose other 
than the establishment of a system of records necessary for the 
effective administration of this Act, and will impose penalties of 
$10,000 in fines and mandatory-minimum sentence of 5 years in prison on 
anyone who misuses information on the database.
  With the improved Social Security card and national verification 
system, prospective employees will have no way of obtaining fraudulent 
identification documents. By improving the employment verification 
process, we can eliminate the supply of jobs for illegal workers and 
end the employment magnet that draws them here. Under this bill, legal 
workers will only

[[Page 217]]

need to update their Social Security card once to have their photo 
placed on the card and for other long-overdue anti-fraud measures to be 
applied. Moreover, a worker would only need the updated Social Security 
card when applying for a new job. I want to make it absolutely clear 
that this proposal does not represent the creation of a national 
identification card. This bill strictly prohibits the use of the Social 
Security card as a national ID card, and stipulates that the card not 
be required to be routinely carried on one's person. Because Social 
Security cards are already required to be provided to new employers, 
the changes proposing in this bill take us no further down the road of 
creating a national ID card. It should also be noted that the 
government already has the information that would be contained in the 
Employment Eligibility Database. An individual's eligibility to work 
under the law is dependent on whether they are a U.S. citizen, and if 
not, their immigration status. Finally, the Immigration Enforcement and 
Social Security Protection Act also puts teeth into the new enforcement 
procedures by calling for the addition of 10,000 new Homeland Security 
officers whose sole responsibility will be to enforce employer 
compliance with the law. These new agents will free up the rest of the 
Border Patrol to exclusively focus on border enforcement and terrorism 
prevention.
  This bill is in no way meant to send a message that we intend to 
limit opportunities for the American dream to be fulfilled. However, we 
are a Nation of laws and if individuals wish to pursue opportunities in 
the United States, they must play by the rules and we must make clear 
that there will be no economic opportunity for anyone who enters this 
country illegally. I look forward to continuing to work with my 
colleagues in this effort, and hope they will consider joining me as we 
take action on this vital national security priority.
  I would like to thank the original co-sponsors of this legislation, 
including, Mr. Reyes of Texas, who began his career in public service 
with the U.S. Immigration and Naturalization Service in the U.S. Border 
Patrol, where he worked for 26\1/2\ years. I would also like to thank 
the original co-sponsors from my home state of California, including 
Mr. Issa, Mr. Calvert, the author of the Basic Pilot Program, and Mr. 
Bilbray, the Chairman of the Immigration Reform Caucus.

                          ____________________