The immigration quandary in the U.S.

There are few more controversial policy issues these days than immigration. President Bush's proposals would allow many currently illegal immigrants to apply for permanent status, but other Republicans--especially from states bordering Mexico, such as Arizona and Texas--are decrying "amnesty" and talking about upgrading security along the border.

Businesses have historically been divided as well about immigration. To many, especially in service industries, immigrants are an essential and vital part of the labor force; to others, immigrants--especially undocumented aliens--represent a drain on healthcare and social services that leads to higher spending and higher taxes.

Recently, key Senators reached a compromise immigration bill with the White House. The bill would give the nation's 12 million illegal immigrants a chance to remain in the U.S., while giving added weight to education and job skills when deciding which immigrants will be allowed to stay and settle in the U.S.

The compromise marks a noticeable departure from the U.S.'s historic policy of giving preference to family members of immigrants already in the U.S. The proposed legislation would also increase security along the U.S.-Mexican border and allow almost all of the immigrants now in the U.S. illegally to remain--as long as they were willing to report to authorities and pay a $5,000 fine.

Another key provision is a guest-worker program that eventually would allow 400,000 temporary workers to come to the U.S. each year to fill low-skilled jobs in the growing service sector.

In addition to offering legal status to most of the nation's illegal immigrants, the bill would hike the penalties on businesses that employ illegals. Under a 1986 law, employers are required to ask job applicants to verify that they are eligible to work in the U.S. The Senate bill would require employers to check an electronic database established by the government.

In this proposed legislation, the Employment Eligibility Verification System (EEVS) would require employers to review the work-and-identify documents of 146 million U.S. workers within three years. The new system would also hold CEOs responsible for certifying that those workers are legally eligible to keep their jobs.

However, support for the measure faded in the Senate, and by early June the bill failed to survive a cloture vote that would keep it moving forward. Senate Majority Leader Harry Reid (D-Nev.) said the Senate was "finished with this" for the time being, though it could be resurrected at some point.

It wouldn't be surprising if some financial executives are less than thrilled with this certification requirement. In fact, this requirement could be a major hurdle that Congress will need to address with the business community in the final immigration legislation.

Compromise is always a part of politics. However, given the current state of immigration in this country, it is essential that Congress, President Bush and the many immigration associations intricately involved with this legislation find a common ground to pass a good law.

The immigration issue, in fact, was one item on the agenda for the FEI Private Companies Committee's Policy Subcommittee for its second annual "fly-in" this past spring. A group of FEI members on the committee (see photo and caption in the FEI News section) lobbied members of Congress on the issue, arguing that companies that do reasonable work to abide by immigration regulations and laws should not be held liable.

Said another way, the policy subcommittee maintained there should be a safe harbor for companies that make a reasonable effort to follow immigration law.

Looking at the big picture, the minority population is growing, and will soon surpass the Caucasian majority in the U.S. Therefore, legislators need to address the issue soon. With a bit of politics and compromise, this country is bound to benefit from the diverse talents and culture that immigrants bring.

Serena Davila is Director of Technical Activities and liaison to FEI's Committee on Private Companies in the Washington, D.C, office.