Good morning. Thank you for that generous introduction, Judge Chin, and thank you all for having me here today as your guest.
As you might imagine, the topic of immigration is close to my heart for a number of reasons. We all have our own perspective on the issue because of our heritage, our profession, our proximity to the border and so on.
That said, I believe we can all agree on at least one fact and one answer when it comes to immigration.
The fact is that the federal government needs to take action.
And the answer – is that there are no easy answers. And that’s all right. I’m proud to support the President’s proposal for immigration reform in part because it isn’t an easy answer. It’s a broad set of reforms that address the problem of illegal immigration from every relevant angle: security at the border, a temporary worker program, effective identification systems that will ease employer accountability, and a course of action for the millions of illegal immigrants who are already here.
I believe that it is a comprehensive set of reforms that will work together to address a considerable, and growing, problem. And I hope that by the end of our time together you’ll agree. But since my own background and profession lend me a unique perspective on immigration and immigration reform, I’d like to share them briefly with you; I think it will provide a good starting point for our discussion.
I was raised very cognizant of the fact that my grandparents chose this country as a place where they could make a better life for their children and grandchildren. They were born Mexicans but chose to live as Americans. And in the process, they instilled in their children and grandchildren a deep-seated patriotism.
Their dreams of a better life in this country were realized and even exceeded after just two generations. I am humbled to realize that I am the product of their American dreams. This influences my views on immigration in the sense that I am a passionate believer in the melting pot. I very much like the fact that the United States of America is a nation of immigrants, and I believe that our diversity gives us strength.
Beyond being the product of immigration, my views have been shaped by my experience as an attorney, a judge, and as the Attorney General – the nation’s top law enforcement official. I am ever mindful that we are a nation of laws, and that the enforcement of those laws is critical to our country’s health and the preservation of its freedoms. And I know that illegal immigration degrades the rule of law.
I appreciate that your perspective on the issue is unique as well: you are Californians. You have the largest population of illegal immigrants in the country. Many of you are employers; all of you are taxpayers.
These factors have all shaped your views, no doubt.
You’ve also had more years to think about the problem, and the potential solutions, than many of your fellow Americans – because the issue reached critical mass here long ago.
Immigrants – illegal and legal – have provided a critical supply of labor, particularly for California’s agricultural and tech industries. Both legal and illegal immigrants have contributed to your tax base. But illegal immigrants also represent an enormous cost to your state in the form of social services – education, medical care and so on.
Then, to the decades-long California concern over immigration, a new red flag appeared five years ago: terrorism. A porous border is now an opportunity for the enemies of this country to enter, blend in, and develop their murderous plots on American soil.
So for California – and now for the rest of the nation – reform can’t come soon enough.
For this complicated, emotional and alarming issue, government action must be fair, just and realistic.
Let’s start with the value of fairness.
Two weeks ago, just after the fourth of July, I participated in a naturalization ceremony for new American citizens in New York City. I don’t know how many of you have seen friends or family members naturalized; it is quite moving. I reassured these proud new citizens that the President is committed to fairness in his reform agenda. The President and I believe that, morally, those of us in government owe it to them – the people who followed the rules to become citizens – to enact smart reform that acknowledges the difference between those who followed the rules and those who did not. It is only fair.
That includes going to the back of the line for citizenship if you are here illegally. It includes paying substantial fines, paying back income taxes and paying back-Social Security taxes.
Most illegal immigrants who have been living and working here a long time have been productive and otherwise law-abiding members of our society. Allowing them a chance at citizenship is fair, but it must be earned, and the price of breaking the law must be paid.
Like anything that is earned, citizenship will be especially cherished by those who work for it. For those who came here illegally, immigration reform will make the road to citizenship harder and longer, but not out of reach. Again, this is a fair and practical solution to the challenge facing all Americans, including those who seek or have already achieved citizenship legally.
Reform must also be just, and renew faith in the rule of law.
Giving honest immigrants a lawful way to provide for their families will bring the rule of law back to an underground sector of the labor market.
Willing workers would be matched with willing employers. All applicants would need to pass criminal background checks. And temporary workers would be required to return to their home countries at the end of their work contract.
We believe that a well-designed and well-run temporary worker program will be good for state and local governments because temporary workers would be taxpayers, contributing to the funding of social services, education, and health care.
Part of what will make a temporary worker program function well is a better identification system. Employer accountability is essential in our efforts to restore integrity to the nation's immigration system. And while knowingly hiring illegal immigrants is flouting the law, we must recognize that it can be difficult for employers to verify their workers' status.
Document fraud is widespread and it is extremely sophisticated. It is an international crime business that is on par with the structure and scope of major drug cartels. So a well-forged document is not easily identified by an untrained eye. And, of course, for most employers their area of expertise is not document verification – it’s farming or manufacturing or whatever their business is. Every day, employers are presented with false Social Security cards, birth certificates, drivers licenses, resident-alien cards, etc. Some of these would-be workers have fully stolen the identity of an American citizen.
Again, employers are not document detectives, and they are not required to be, under law. In fact, they risk law suits if they reject a potential employee whose documents reasonably appear to be valid. Small firms, in particular, lack the resources to verify documentation. In other words, they don't have a human resources department to look into those matters.
The Department of Homeland Security is moving forward on a number of fronts to give employers the tools they need to develop a secure, legal workforce.
But to help employers out and crack down on this problem over the long-term, we should eventually create a new identification card for every legal foreign worker. We have the technology for this, and we must use it. Digital fingerprints, for example, could make an i.d. card tamper-proof. This would help enforce the law and leave employers with no excuse for violating it.
Easily enforced laws also have the power to modify incentives. If foreign workers know that they can only work here under legitimate circumstances with official identification, there will be less incentive for them to cross the border illegally.
Finally, reforms must be based in reality.
For example, we cannot, realistically, deport en mass the 12 million people who are here illegally today. A strictly-defined path to citizenship, involving the required payment of fees and back-taxes as I described a moment ago, flatly makes more sense.
The President has said that illegal immigrants who have roots in our country and want to stay should have to pay a “meaningful penalty for breaking the law.” He wants them to pay their taxes and learn English. He thinks they should wait in line behind those who played by the rules and followed the law.
I know that there is concern about amnesty – but I want to reassure you that the President’s plan is a way for those who have broken the law to pay their debt to society and then have a chance to demonstrate their character and their commitment to achieving legal citizenship. This is not amnesty.
Those who have come here illegally in order to engage in illegal or illicit activities, including terrorist plots, are in another category. And they have the Department of Justice, the FBI, the Department of Homeland Security and state and local law enforcement officials to deal with. We are working together to discover, dismantle and disrupt their conspiracies every single day. As I told the Senate Judiciary committee earlier this week: when it comes to a passion for disrupting homegrown terrorist plots, for the employees of the department of Justice every day is like September 12th. Their dedication is 100 percent, every day.
This leads me to my next point about reality: We cannot ignore the reality that the level of ease with which foreigners can enter our country illegally is a security threat. We can still take pride in being an open country and a nation of immigrants, while also protecting our country from those who seek to harm us – whether through taking advantage of our social services without contributing to the tax base, through selling illegal drugs that destroy families and communities, or through plotting and carrying out acts of terror.
Successfully securing our borders will take manpower, the implementation of technology, the end of the practice of “catch and release,” and a dedication at all levels of government – local, state and federal – to keeping the criminals out, period.
The President does not want to militarize the borders, but he has called on Congress to provide funding for dramatic improvements. By the end of 2008, he hopes to increase the number of Border Patrol officers by 6,000. This will mean that the size of the Border Patrol will have more than doubled during his Presidency. As you know, the President has also deployed the National Guard to help out until permanent Border Patrol officers can be hired and trained.
I think you’ll agree that these actions demonstrate a solid commitment to increased border security.
While manpower is being deployed, the most technologically advanced border security initiative in our history must also be launched. This includes high-tech fences in urban corridors and new patrol roads and barriers in rural areas. We have the technology and we must use it to enhance the efforts of our Border Patrol officers: motion sensors, infrared cameras and unmanned aerial vehicles will all help them do their jobs, and ultimately help prevent illegal crossings.
This is another area where government action must be in partnership. State and local law enforcement needs our support, and under the President’s proposal they will get it. That means increased federal funding for state and local authorities who are assisting the Border Patrol on targeted enforcement missions. It also means providing specialized training so they can help federal officers apprehend and detain illegal immigrants.
I mentioned ending the practice of “catch and release.” This is important in terms of both justice and reality. When we catch illegal immigrants crossing the border, they’ve got to be returned to their home countries. This has been logistically easier with illegal immigrants from Mexico, but those from other countries presented us with physical and legal challenges.
Unfortunately, for many years, we did not have enough space in detention facilities to hold these people while the legal process took its course. They were therefore released into society and asked to return for a court date. I don’t think it will come as a surprise to hear that the vast majority have not shown up for their court dates.
This practice is simply unacceptable, and at worst it mocks the efforts of our Border Patrol officers who apprehend the illegal border-crossers in the first place. The end of “catch and release” will be the beginning of an overall more effective border security program.
Steps are already underway in this area. We are adding beds in detention facilities and have expedited the legal process to cut the average deportation time. And we’re letting foreign governments know, in no uncertain terms, that they must accept back their citizens who violate U.S. immigration laws.
The President is asking Congress for additional funding and legal authority to end “catch and release” at the southern border once and for all. We believe that this will provide another change in incentives – when people know that they will be caught and sent home if they enter our country illegally, they will be less likely to try to sneak in.
The reality of the times calls for fast, no-nonsense action. And the values we hold dear as a nation call for justice and fairness at all times.
I believe the President’s plan strikes a very good balance of these objectives.
The freedom and opportunity offered by the United States has always attracted, and will always attract, hopeful souls ‘yearning to breathe free.’ This is a good thing, and it must continue. A nation of immigrants is something we should preserve because we know immigration enriches our country enormously.
We are also a nation of laws, and that helps make our country strong as well. The goal of immigration reform, as with all good legislation, is to protect what we value most while keeping pace with changing times, circumstances and challenges.
I believe this can be done through the President’s proposed reforms. As leaders in your state and your communities, I encourage you to voice your opinion and give input on this issue. All aspects of the debate deserve attention because reform that is anything short of comprehensive will not be good enough.
So, please, stay engaged.
This President’s plan is big. It is not simple, because there are no simple answers to a challenge of this magnitude. But I assure you that a comprehensive bill will mean comprehensive victory for state and local governments, for taxpayers, and for both the economic and homeland security of the American people.
When he talks about this issue, the President reminds those of us in government that “real lives will be affected by our debates and decisions.” As a member of his cabinet, I can speak to the fact that his policies are smart and well-thought-out. But as his friend, I can speak to his dedication to human dignity – and I can tell you that is something that has helped shape his immigration reform proposals.
The President appreciates that people are willing to risk everything for the dream of freedom – and he appreciates the vital need to protect Americans from those who will do anything to take our freedoms away. I believe his reform proposals are an excellent, multi-faceted approach to this intricate issue.
Thank you so much for having me here today. I look forward to your questions.