Capitol Hill

Contours for the 2008 White House election are quickly forming. We now know the next U.S. president will come directly from Congress and specifically from the Senate, a feat last accomplished by former President John F. Kennedy in 1960. And we know Sens. Hillary Rodham Clinton (D), Barack Obama (D) and John McCain (R), despite relentless hounding by conservative radio talk show hosts and CNN's Lou Dobbs, all support comprehensive immigration reform legislation that would establish a path for illegal immigrants to earn legal status. In fact, the three candidates' views are consistent with that of the current Bush administration.

McCain is promoting a newfound intent to seal U.S. borders before acting on other elements of comprehensive reform, but he would require Congress to link all the elements. This is encouraging for the Essential Worker Immigration Coalition (EWIC), of which NRCA is a member, because EWIC supports greater border enforcement and control over immigration flow.

However, EWIC is concerned that once U.S. borders have been sealed, Congress may renege on a path to legal status for the estimated 12 million illegal immigrants who have jobs and no criminal records. Additionally, EWIC is concerned Congress will balk at creating a guest worker program on a scale necessary to be effective.

Regardless of who ultimately wins the election, the new president will have to work with both parties in Congress to pass comprehensive immigration reform. Hopefully, the next Congress will get serious about tackling this crucial issue.

To date, not one incumbent member of Congress who supports comprehensive reform has been defeated by an enforcement-only challenger whereas those who have rallied against so-called "amnesty" bills have lost their seats.

Immigration developments

Regrettably, the atmosphere surrounding immigration issues has become so toxic during this Congress that even the Congressional Hispanic Caucus (CHC) has become a roadblock to incremental steps forward.

Frustrated by congressional inaction, CHC, chaired by Rep. Joe Baca (D-Calif.), has been opposing bills that are not comprehensive. This has held up the H-2B visa program's returning worker provision, which allows foreign workers who counted against the program's annual 66,000 cap in one of three preceding years an exemption from the cap for another year.

However, a recent report indicates CHC is working on an immigration bill that would create a new five-year visa for illegal immigrants who can prove they have jobs and expand the number of visas available to H-2B workers. Renewing the H-2B returning worker provision would help alleviate pressure on employers facing acute labor shortages.

However, the situation could become worse when the U.S. Department of Homeland Security (DHS) reissues Social Security Administration "no-match" letter regulations aimed at employers. DHS is rewriting the regulations to remedy issues raised by a U.S. district court judge who, during late 2007, sided with NRCA and other plaintiffs and granted an injunction barring the regulations' implementation.

Pressure also is coming from state and local governments passing immigration laws that place a greater enforcement burden on businesses, and recent court decisions have not benefitted employers.

For example, on Feb. 7, a federal judge in Arizona ruled against NRCA and construction contractors seeking to halt a state law that went into effect Jan 1. This ruling parallels one made in December 2007 by an Oklahoma judge who upheld a similar state enforcement statute. However, the Arizona ruling is being appealed and is at odds with other rulings throughout the U.S. that have found in favor of those arguing federal immigration law pre-empts state and local laws.

Leadership needed

It will take strong leadership from the next Oval Office occupant to get Congress to address the need to secure U.S. borders, as well as satisfy work force needs.

The vacuum caused by Congress's failure to act is being filled by a proliferation of ill-conceived state and local laws that have the potential for negative economic consequences. Court cases challenging these laws likely will reach the U.S. Supreme Court to determine whether federal immigration law pre-empts state and local laws.

To be sure, the next president and Congress must include language reaffirming federal pre-emption when drafting comprehensive legislation.

Craig S. Brightup is NRCA's vice president of government relations.