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Texas Agriculture Archive

November 21, 2003

Time to address
immigration flaws

By U.S. Senator
John Cornyn

To tackle and solve America's immigration crisis, I introduced the Border Security and Immigration Reform Act of 2003 in July. The bill is a balanced, common sense way to address the need for better border and homeland security while acknowledging the important contributions that immigrants make to our economy, particularly in the agriculture sector.

Policymakers have failed to address the flaws in our nation's immigration system for too long. This failure has resulted in weak border and homeland security, exploitation of immigrants and increased strain on honest employers.

One of the most important elements of my plan is that it is comprehensive. This bill will allow ease of documentation for workers without a lot of bureaucratic red tape for employers to cut through.

Employers that comply with the current H2A visa program in order to hire guest workers justifiably find the process expensive and cumbersome. These employers are essentially penalized for complying with the law, while those who ignore the law and hire farm workers illegally save time and money. Clearly, this system is broken and needs reform. 

That is why I have proposed a guest worker plan to bring hardworking immigrants out of the shadows and onto our tax rolls, while combating human smuggling and other crimes seen all too often today in Texas and other parts of the country.

My plan is neither an amnesty program, nor a path to citizenship. However, it does address the reality that millions of undocumented men and women go to work every day in cities and towns from San Angelo to Brownsville and Houston to Amarillo in violation of our immigration laws, without any way of our government knowing who, or where, they are.

And unlike the status quo, my proposal would encourage undocumented immigrants to ultimately return to their homes and families with both the fruit of their labor and valuable skills. It would have the highly desirable effect of restoring the rule of law and facilitating economic development on both sides of our border.

The lack of a realistic immigration policy and ineffective enforcement of existing law, coupled with the new post-9/11 security provisions, could have drastic consequences both in terms of national and economic security. This program would allow us to account for immigrants who are no threat to America, and distinguish them from those who are.

The mechanics of the proposal call for the departments of State and Homeland Security to facilitate an improved guest worker program and develop standards of enrollment, training and monitoring of workers. Undocumented workers already in the U.S. must apply, in conjunction with their employers, for guest worker status within the first year of the program's enactment. In subsequent years, workers can apply from their home countries for up to a year at a time for a maximum of three years before returning to their home countries.

 The legislation I'm proposing will provide substantial enforcement mechanisms—including deportation, civil penalties and disbarment from the program—to deal with those who flout existing immigration law, remain in the country without applying for guest worker status, traffic in human smuggling or fail to comply with labor law.

 I continue to urge Congress to implement this legislation that would make a real difference in our border and economic security, and have a profound impact on Texas and all who live and work in our great State.

U.S. Sen. John Cornyn is a member of the Judiciary Committee's subcommittee on Immigration, Border Security and Citizenship.