Immigration Reform:
Political Priority for 2012

Posted 2/13/2012
By Robert L. Redding Jr.

Immigration reform is a much-discussed issue at the state and federal levels. Despite the lack of progress at the federal level, some states are taking this national issue into their own hands and implementing legislation.

The president has called for comprehensive immigration reform and downplayed targeted or incremental reforms. In his 2011 State of the Union remarks to Congress, the president said, “Now, I strongly believe that we should take on, once and for all, the issue of illegal immigration. And I am prepared to work with Republicans and Democrats to protect our borders, enforce our laws and address the millions of undocumented workers who are now living in the shadows. I know that debate will be difficult. I know it will take time. But tonight, let’s agree to make that effort. And let’s stop expelling talented, responsible young people who could be staffing our research labs or starting a new business, who could be further enriching this nation.”

A snapshot of those persons employed in automotive repair indicates 168,000 in auto body and related repairs in 2010, according to the U.S. Department of Labor. For the same year, 802,000 persons were employed as automotive service technicians. ASE has more than 260,000 technicians currently certified. Although there are varying opinions as to the total number of automotive repair employees in the marketplace, there should be common ground in that immigrants are likely a significant part of the automotive repair pool and how state and federal governments treat their status in the United States does matter to employers.

... repairers will be wise to familiarize themselves with E-Verify and policy initiatives surrounding immigration reform.

Several states have passed E-Verify legislation and the U.S. Citizenship and Immigration Services makes it available to employers. U.S. law requires companies to employ only individuals who may legally work in the United States – either U.S. citizens, or foreign citizens who have the necessary authorization. E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. E-Verify is free and user-friendly – and, according to the federal government, it’s the best way employers can ensure a legal workforce.

U.S. Rep. Lamar Smith, R-Texas, has introduced the Legal Workforce Act, H.R.2884. The bill mandates the use of E-Verify by employers.

Smith commented after the U.S. House Judiciary Committee approved the Legal Workforce Act, “Twenty-three million Americans are unemployed or can’t find full-time work. At the same time, 7 million people are working illegally. These jobs should go to American citizens and legal workers. The unemployment rate in the black community is 17 percent and among Hispanics it’s 11 percent. Anyone who cares about helping unemployed Americans should care about opening jobs for them.

“E-Verify allows employers to electronically verify that newly hired employees are authorized to work in the United States. The program is free, quick and easy to use. Nearly 300,000 American employers voluntarily use E-Verify and more than 1,000 new businesses sign up every week. The Legal Workforce Act could open up millions of jobs for unemployed Americans by requiring employers to use E-Verify. It makes no sense to rely on the paper-based, error-prone I-9 system when a successful, web-based program is available. Today it takes an unemployed American nine months to find a job. With E-Verify, we can open up a new job in one to two minutes.”

Smith’s legislation would:

• Repeal the I-9 system
• Provide a gradual phase-in of a required E-Verify
• Pre-empt state laws mandating E-Verify
• Provide a safe harbor for employers if they use the E-Verify system in good faith.

While Smith’s E-Verify legislation has a decent chance at moving to the House floor in 2012, it has lots of hurdles and competition prior to becoming law. With the president already campaigning against the Congress’ lack of action on the administration’s agenda and the Washington Post labeling the 112th Congress’ first year as being less productive than the “do-nothing Congress” that Harry Truman ran against in the 1948 election, there is much cynicism about the potential for major legislative progress in the second session of the 112th Congress. Topping this off is a 26-seat margin in play in the House of Representatives as to what party controls the House. Democrats hope to acquire enough seats to take back the House; Republicans aim to protect their majority. With all of the House seats in play in November, politics will control the agenda. The U.S. Senate finds itself in an even more contentious situation. With a mere net Republican pickup of three seats, Democrats could lose control of the Senate.

In addition to the November elections, there will be a rush to wrap up the legislative year early for members to campaign at home. Finally, the congressional agenda has a full pipeline in 2012. All the fiscal year 2013 appropriations bills should move before Oct. 1, 2012. There will be much debate about the levels of funding for federal agencies as well as attempts to change public policy on the spending bills. Transportation legislation, tax cuts (extenders), payroll tax legislation and a host of other “must pass” bills fill the pipeline.

If E-Verify does pass the House, the Senate is likely to have problems moving the legislation even if the Senate leaders opt to bring the bill to the floor.

There is a good chance immigration reform will slide to the 2013 calendar. Whether it’s 2012 or 2013, repairers will be wise to familiarize themselves with E-Verify and policy initiatives surrounding immigration reform.

To view Smith’s legislation as passed by the House Judiciary Committee, visit ASA’s legislative website, www.TakingThe Hill.com.

Bob Redding is the Automotive Service Association's Washington, D.C., representative. He is a member of several federal and state advisory committees involved in the automotive industry. For more information about the legislative activities of ASA, visit www.TakingTheHill.com.