Immigration Reform in Washington and Harrisburg Employer’s Risks and Opportunities 2007 SHRM PA State Legislative Conference William A. Stock, Esq. Klasko,

Immigration Reform in Washington and Harrisburg

Employer’s Risks and Opportunities 2007 SHRM PA State Legislative Conference

William A. Stock, Esq.William A. Stock, Esq.

Klasko, Rulon, Stock & Seltzer, LLPKlasko, Rulon, Stock & Seltzer, LLP 1800 JFK Blvd. Suite 1700 Philadelphia, PA 19103215.825.8600www.klaskolaw.com

Klasko, Rulon, Stock & Seltzer, LLP

William A. Stock, Esq.

William A. Stock is a founding partner of Klasko, Rulon, Stock & Seltzer, LLP. He handles all aspects of immigration law, particularly employment-based immigration law and compliance for companies, universities, and individuals.

Bill is featured in The Chambers Global Guide, The Best Lawyers in America, and other guides to prominent attorneys. He is active in the American Immigration Lawyers Association on a national level, and in 2000 he received AILA’s Joseph Minsky Award, given to the lawyer under age 35 who has made the most outstanding contributions to the field of immigration law.

Bill is a graduate of the University of Minnesota Law School and currently is an Adjunct Faculty Member at Villanova University School of Law.

Washington UpdateProspects for Immigration Legislation in 2007


Immigration Reform: How Did We Get Here?

Current Immigration Quotas are 17 Years Old and No Longer Match Economy’s Need High-Skilled Worker Caps Force Companies Off-Shore Temporary/Seasonal Visa Availability Does Not Meet Demand No Viable Route to “Sponsoring” Many Needed Workers

Increased Border Enforcement Raises Stakes of Crossing to US and Decreases Seasonal Work

Increasing Length of Stay Brings Families to Stay with Breadwinners


3 Key Components Needed for Immigration Reform

Restoration of legal flow and control of our nation’s borders

A path to earn a permanent legal status for the undocumented immigrants living in the US

Matching the economy’s need to the supply of future immigrants



Restoration of legal flow and control of our nation’s borders

Control At The Border: Improved Barriers and Increased Funding

Control In the Interior: Increased Enforcement Against Those Here Without Authorization

Employer Sanctions: Strong Penalties for Employing Those Without Authorization and for Violating Worker Rights



A path to earn a permanent legal status for the undocumented immigrants living in the US Rejection of a blanket “amnesty” for those here Recognize that many will become productive citizens Provide a path that includes paying taxes, learning

English and civics, no criminal record, and going to the “back of the line”

Currently debating exact form this will take



Matching the economy’s need to the supply of future immigrantsReduce current extensive backlogs and

artificially low capsProvide a safe and orderly temporary worker

program that is responsive to labor shortages and guarantees full labor protections for both native and temporary immigrant workers


This Year’s Comprehensive Immigration Reform Debate

During the beginning of the 110th Congress, all matters dealing with immigration legislation will be steered towards a CIR package.

Democratic control of Congress has modified terms of debate, but immigration is an issue that fractures both parties

“2008 Effect” limits time in which reform can be passed – August 2007?


Employer’s Concerns: Enforcement

New Requirement of “secure, biometric” proof of identity for new hires (and YOU)

New Requirement to check identity document against government database

Increased ICE enforcement budget Increased data sharing between IRS, SSA

and DHS to identify large violators


Employer’s Concerns:Access to Talent

Increasing caps on H-1B and creation of “STEM” visa for international students in high-tech fields

Improving temporary worker visa system to ensure access to needed workers and protection of worker’s rights

Raising employment-based visa numbers to eliminate backlogs

Harrisburg UpdateImmigration Legislation at the State Level


State-Level ProposalsRegulating Immigrants

Increased Cooperation Between Law Enforcement and Immigration

Regulatory Restrictions (Driving Licenses, Marriage Licenses)

“National Security Begins at Home” Package



Increased Cooperation Between Law Enforcement and Immigration Increased awareness and notification of

DHS/ICE when apprehending individuals Participation in Federal raids Possibility of Agreement to Enforce

Immigration Laws



Regulatory Restrictions (Driving Licenses, Marriage Licenses) Increased Documentation Requirements

(anticipating REAL-ID) Verification of Claimed Status Use of “Identity” as Proxy for “Immigration

Status”



“National Security Begins at Home” Package Re-introduced March 21, 2007 and referred

to Committee Part of Nationwide Effort by Advocates of

Restrictive Immigration Policy Chances of Passage Not Clear



“National Security Begins at Home” Features Requires Electronic Verification of New Hires’ SSN by

Employers – Current “Basic Pilot” Program Increasing Cooperation of Police with ICE, Better Data

Sharing on Past Crimes Revoking State-Level Professional Licenses of

Employers of Unlawful Immigrants Eliminates Public Benefits for Persons Without Status


Questions ?


Speaker Information

William A. StockWilliam A. Stock

Tele: 215.825.8607

Fax: 215.825.8699

E-mail: [email protected]

Klasko, Rulon, Stock & Seltzer, LLPKlasko, Rulon, Stock & Seltzer, LLP1800 JFK Blvd. Suite 1700

Philadelphia, PA 19103www.klaskolaw.com

For Further Information or to Schedule a Complementary Training on Immigration Law and Employer Immigration Policy Development:

Documents

Immigration Reform in Washington and Harrisburg Employer’s Risks and Opportunities 2007 SHRM PA State Legislative Conference William A. Stock, Esq. Klasko,