Failure of Immigration Reform--One Year Later

It's been a year since a hard fought, bipartisan, comprehensive immigration reform plan collapsed in the United States Senate among much rancor and finger-pointing. The emotionally charged debate rifted the nation, dividing communities and citizens and bringing protestors of all viewpoints out into the streets.

 

Although immigration is no longer on the front burner of the national debate--and comprehensive reform has been left for dead in Congress--we continue to suffer the consequences of this failure of leadership every day. In fact, all of the issues that reform would have addressed--worker verification systems, border security, visa policy, worker shortages--are simply getting worse.

 

Think about what's happening. In the absence of comprehensive solutions from Washington, states and localities are filling the void with hundreds of their own rules and regulations. Just last week, a U.S. District Court judge delayed implementation of an Oklahoma law that shifts the burden of immigration enforcement from government to business, saying it is most likely unconstitutional. The U.S. Chamber has been battling similar state and local laws and is the lead plaintiff in the Oklahoma case. The only thing worse than one broken federal system is hundreds of different systems that are contradictory, probably unconstitutional, and impossible for businesses to follow.

 

The federal government is no closer to implementing an effective, technology-based employee verification system. On June 6, President Bush signed an executive order requiring contractors and others who do business with the federal government to make sure their employees can legally work in the United States. The problem is no such system exists that is fair to employers and employees and actually works. The government's Basic Pilot program (also known as E-verify) is experimental, unreliable, and extremely burdensome.

 

Our nation continues to turn away badly needed, highly skilled workers by placing counterproductive limits on the number of H1-B visas. An editorial in the June 4 edition of The Washington Post reflects a growing consensus--the current limits are irrational. Wrote the Post: "America's loss of foreign-born experts translates directly into gains for China, India, and other rapidly developing competitors ... the ongoing brain drain of the best and brightest foreigners should give [the nation] pause."

 

One year later, our border remains insecure, our immigration laws are a mess, we still lack a workable employee verification system, and we are undermining the competitiveness of our country. We can create an immigration system that meets all of our economic and security needs while still honoring our values. All we have to do is find the will, courage, and leadership to make it happen. Business will have to lead the way.