GAP WORKER PROGRAM: The Key to Legal Immigration in America
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COALITION FOR REAL SOLUTIONS
COALITION FOR REAL SOLUTIONS
GAP WORKER PROGRAM: The Key to Legal Immigration in America Gaining control of our borders and immigration is a critical issue for our homeland security and our national security. A program that secures the border and strengthens the U.S. economy is desperately needed. In a 2007 New York Times/CBS Poll, 61 percent of Americans said illegal immigration is a very serious problem. While we can agree that illegal immigration is a problem, the solution has been harder to come by, with arguments mired in ideology and impractical solutions. In one estimate, the U.S. Customs and Immigration Enforcement stated a cost of roughly $94 billion to deport the approximately 11 million illegal immigrants living in America. A solution that’s neither practical or cost-effective. That’s why America needs a Gap Worker Program. This plan--improving our national security and our economy at the same time--allows for the following key components: Efficient, easy to monitor: The Gap Worker Program, based on worker permits, would fill the need for the estimated seven million1 Gap Workers to work in the country legally. Self-financing program: The Program outlined below is self-financing, and could generate a surplus to strengthen border security and enhance homeland security. Secures our southern border: The Program discourages unauthorized immigrants by tamping down demand for illegal workers. Instead, by providing a system for legal passage, border traffic would be driven through bona fide border stations, making it easier for border agents to police the border. No Amnesty: Incentives would be in place for Gap Workers to return to their country, and normal immigration quotas and processes would not be affected. Program participants would be tracked and good citizenship rewarded. Benefits to American workers: Costs associated with employing a Gap Worker permit holder would provide benefits for low-wage U.S. workers, by enabling them to be more competitive for these jobs and incentivizing businesses to hire U.S. workers. 1
Researchers estimate that of the 10.8 million immigrants in the country illegally, 7 million are in the workforce. Hoffer, Michael, Rytina, Nancy and Baker, Bryan C., Estimates of the Unauthorized Immigrant Population Residing in the United States. January 2010 CONFIDENTIAL AND PRIVILEGED 1425 K STREET, SUITE 350 • WASHINGTON, DC 20005 • 202.587.2783
Benefits to U.S. Industry: This program would allow for a sufficient temporary and longer term labor force to meet the demands of our economy and the stability employers need to provide training. Benefits to Gap Workers: Gap Workers would pay fees into the program which would be accrued and credited back to the worker when they return to their country of origin, providing there were no liens or obligations pending against the worker; this would effectively create a retirement plan for these workers, incentivizing them to return home. Enforcement: Stiff penalties and strong enforcement of the Program would reduce opportunities and access for illegal immigrants, while a secure database and biometric identification would make securing our borders easier. The ID would offer customs/ immigration officials the ability to compare data against both country-specific and worldwide databases, helping to authenticate the identity of the permit holder. Humanitarian Benefits: By providing a means of legitimate short-term immigration, workers would be able to travel between the U.S. and their home country during the period of their work permit, allowing them access to family. Reduction of Identity Theft: By giving workers a system to legally work in U.S. and employers easy access to a secure database to efficiently verify potential employees, we can remove the impetus behind rampant identity theft by illegal immigrants.
Gap Worker Permit for United States Employers For every immigrant employed, an employer would purchase a Documented Gap Worker permit for $1,000 per annum. Employers would be required to include Gap Workers in all benefit programs offered to other employees. The cost of permits for agricultural workers and domestic help, whose positions are transient in nature or limited to less than part-time, could be divided among several employers or pro-rated for seasonal employment. If seven million permits were issued, this portion of the program would generate $7 billion in recurring annual revenue. Employers would have instant access to a secure and accurate national database to verify employees have valid Gap Worker permits. Utilizing biometric technology the Gap Worker permit identification cards would be difficult to duplicate or transfer between workers. To enforce the new work permits, stiff penalties would be put into effect. An employer caught hiring an undocumented person would face an initial fine of $10,000, $100,000 for a second offense, and jail time for the third offense. This escalating and steep CONFIDENTIAL AND PRIVILEGED 1425 K STREET, SUITE 350 • WASHINGTON, DC 20005 • 202.587.2783
penalty would deter businesses and individuals from hiring undocumented workers, and reduce the number of people who cross the borders illegally in search of opportunity as the jobs would not exist. Decline in illegal immigration due to reduced opportunity was demonstrated during 2007-2009, when the number of illegal immigrants declined by one million, coinciding with the U.S. economic downturn.2
Guest Worker Program for Gap Workers Many undocumented immigrants are currently paying approximately $2,000-$5,000 to enter the United States illegally, and the journey can be very dangerous for the immigrants. The Gap Worker program would provide opportunity for safe, legal passage into the United States, where they would have access to higher paying jobs, health care, and other benefits--without the threat of deportation. Under this proposal, The United States Government would issue seven million work permits to allow Gap Workers to obtain employment within the United States for a predetermined period of time (for example, up to five years). To help defray the cost of processing applications and background checks, a one time, non-refundable application fee of $75 would be required upon submission. This cost could be born by the applicant or paid by the potential employer. Work permits would cost $1,000 per worker, and they would grant permit holders the right to obtain employment in the United States while their permit was valid. Upon application approval the first installment of $250 would be due, while the remaining yearly fee could be directly withheld from permit holders’ paychecks in either quarterly or monthly increments. The United States Government would collect roughly $14 billion per year and over $500 million in initial application fees. It may be beneficial to limit role of the foreign home government and middlemen in order to reduce the potential for exploitation of the workers. While employed in the U.S., Gap workers would pay all applicable Federal, State, and local taxes. Gap Workers would also be required to maintain adequate car insurance as set forth by state law. If ticketed for failure to meet regulations, they would be penalized as any U.S. citizen and face additional penalties within the structure of the program. Upon return to their home country, Gap Workers would be paid out their contribution to the Worker retirement security fund as well as their employers’ matching contributions. Retirement funds paid by Gap Worker permit holders that apply for and receive United States citizenship would be transferred to the Social Security Administration to be distributed as set forth by Social Security regulations upon retirement or disability. 2
Passel, Jeffrey S. and Cohn, DʼVera, Mexican Immigrants: How Many Come? How Many Leave? Washington DC: Pew Hispanic Center, July 2009 CONFIDENTIAL AND PRIVILEGED 1425 K STREET, SUITE 350 • WASHINGTON, DC 20005 • 202.587.2783
Applicants would need to meet certain requirements before they could qualify to receive a work permit. Candidates with a criminal history would not be allowed into the country, and anyone convicted of a felony while holding a work permit would be deported immediately, the work permit would be revoked and fees paid by the worker transferred to the Treasury. Workers who do not hold a current work permit would be immediately deported back their home country. This offense would be noted on their record and would negatively impact an applicant’s likelihood of returning and obtaining a permit in the future. Multiple offenses would automatically reject an applicant. Permit holders would be eligible to apply for United States citizenship under current guidelines required of all applicants, and the likelihood that an application would be accepted would increase based on the length of time someone held a work permit in good standing and returning home at the conclusion of employment. Once a person obtained citizenship the funds they had paid into the Fund would be transferred to the Social Security Administration and that would be eligible for social security benefits upon retirement or disability. This would allow permit holders who choose to pursue naturalization the opportunity to become United States citizens and be rewarded for their efforts. At any time, if a Gap Worker wanted to return to his or her country of origin, he or she could receive a prorated amount for the unused portion of their work permit if during the first year and the retirement funds withheld from their paychecks paid by the worker. Additionally, the plan would allow for Gap Workers to transfer between employers while in the program to deter exploitation. Retirement funds contributed by the employer would be transferred to the Social Security Administration. This program would be endorsed by country of origin since it would 1) allow its citizens to have a legal and safe way to enter the United States through a guest worker program to gain access to higher paying jobs, 2) accrue retirement savings dollars which would be a significant advantage once they return home, and 3) encourage Workers to return to their country and families which would open guest worker slots for younger workers to begin building their savings. Behind many of the nation’s millions of undocumented workers are someone else's documents. To get a job, illegal immigrants need a Social Security number, and they often “borrow one” and have created a cottage industry for document forgery. Ultimately, this leads to identity theft. By giving workers a system to legally work in U.S. and employers easy access to a secure database to efficiently verify potential employees, we can remove the impetus behind rampant identity theft by illegal immigrants. To sum up, we can say that a Gap Worker Program would help America gain control of its borders by regularizing our immigration policy. As such, a Gap Worker Program would improve our homeland security and our national security. In addition, a Gap CONFIDENTIAL AND PRIVILEGED 1425 K STREET, SUITE 350 • WASHINGTON, DC 20005 • 202.587.2783
Worker program would be a boon to the U.S. economy, reducing the adverse fiscal impacts of illegal immigration. A Gap Worker program is a win-win. A win for our security, and a win for our economy.
CONFIDENTIAL AND PRIVILEGED 1425 K STREET, SUITE 350 • WASHINGTON, DC 20005 • 202.587.2783