American Immigration Lawyers Association
Washington, DC 20004

The Honorable E. Clay Shaw, Jr.
Chairman, House Social Security Subcommittee
B-316 Rayburn House Office Building
Washington, DC 20515-6353

The Honorable George Gekas
Chairman, House Immigration, Border Control and Claims Subcommittee
B-370B Rayburn House Office Building
Washington, DC 20515-6353

The American Immigration Lawyers Association (AILA) thanks the committees for the opportunity to submit our comments on the September 19, 2002 joint hearing on Preserving the Integrity of the Social Security Number and Preventing Misuse by Terrorists and Identity Thieves.  AILA supports taking constructive steps to ensure that identifying documents, such as the social security card, are not subject to fraud and misuse.  AILA urges the committees to consider how positive reforms to our immigration laws can help achieve this goal.

The testimony seemed to indicate that a large number of the employees who were the subject of the 800,000 no-match letters the Social Security Administration (SSA) sent to employers this year are undocumented workers.  This, if true, underscores that there are millions of undocumented workers in the United States who are here to fill “essential worker” positions, those unskilled and semi-skilled jobs vital to all sectors of our economy. These essential workers fill jobs that U.S. workers are unwilling to take, despite the general downturn in the economy. 

Reports from the Bureau of Labor Statistics reinforce the need for essential workers and the fact that this need is rising.  During the labor force expansion that took place from 1996- 2000, foreign labor filled the lesser skilled positions native-born workers left.  As a result, over 55% of the foreign-born work force is concentrated in service and labor occupations.  Projections for the next ten years indicate that the need for workers in these occupations will continue to rise as new jobs are created: the service-producing sector alone is expected to create over 12 million new positions.  57 percent of all job openings will be for essential worker positions and will only require modest or on the job training.  In order to keep our economy strong, the U.S. needs these essential workers to fill these positions. 

This nation has long benefited from the large number of undocumented worker who fill unskilled and semi skilled positions essential to our economy. It is long past due that we change our immigration laws to provide legalization for the hard-working, taxpaying workers in this country and create a legal means for workers we will need in the future.

That these workers are here illegally is a symptom of an immigration system that is out of touch with the needs of our economy.  Simply put, there is no way for workers currently here to legalize their status and there is no visa category through which semi-skilled and unskilled workers can legally enter the United States in order to perform full-time, year-round work.  These workers do not want to be undocumented. Many are paying taxes and social security, the same as legal workers.  However, the lack of any legal means to regularize the status of those who are here and the absence of any temporary immigration program through which people can legally enter and leave the country is not good for our communities, our economy, or our security.

In fact, both a legalization program and an essential worker temporary visa program will help us to enhance our security.  A legalization program that rewards work would bring hardworking, well meaning individuals out of the shadows and would allow us to properly identify and document them. We would know who they are and why they are here.  A temporary program that designates legal channels for entry would allow us to focus our resources at the border on those who mean to do us harm, not those who fill our labor needs, and reduce the number of tragic deaths associated with border crossings.  Both these initiatives would further enhance our security by permanently reducing the demand for counterfeit documents and other related acts associated with unauthorized work.   These positive changes would allow free up our agencies’ time and resources and allow them to concentrate their efforts on achieving security goals that actually enhance our security. 

The legalization of these workers also would provide a second benefit to the SSA through the reduction of the Earnings Suspense Fund (ESF).  When the SSA announced its no-match letter program for this year, reduction of this file was touted as one of the goals.  A legalization program will help reduce the ESF, and the agency will be able to reduce administrative costs associated with maintaining such a large fund.

AILA strongly opposes initiatives that would prohibit foreign nationals who legalize their status from receiving credit for the social security contributions they made while they were in an undocumented status.  America needed the contributions these workers made in the labor force when they were undocumented.  We should recognize their contribution by allowing them to access their social security benefits once they are legalized. 

In this time of heightened security, we must foster an environment that that will encourage individuals to emerge from the shadows and participate as productive members of our society in order to separate them from those that are here to do us harm. Positive immigration reform in conjunction with constructive reforms to protect the integrity of the social security numbers and prevent identity theft will greatly improve our nation’s efforts to provide effective security. 

Sincerely,