Starting with President Obama’s re-election, there has been a concerted effort by many on Capitol Hill to take on one of the most difficult issues in American politics—immigration reform. There is little doubt that the current immigration laws have failed to secure America’s southern border, failed to protect American jobs from those who are here illegally and failed to protect employers who play by the rules while competing against those who do not.
Though the political perils are obvious, there are a few political leaders who have tried to tackle this issue. To their credit, Senators Chuck Schumer (D-N.Y.), John McCain (R-Ariz.), Dick Durbin (D-Ill.), Lindsey Graham (R- S.C.), Robert Menendez (D-N.J.), Marco Rubio (R-Fla.), Michael Bennet (D-Colo.) and Jeff Flake (R-Ariz.) came together to form the Senate’s “Gang of Eight” to deal with comprehensive immigration reform (CIR).
The Gang of Eight spent January to April in deep negotiations in an effort to create a bipartisan plan that could provide a pathway to citizenship for those here illegally (a politically necessary provision for both sides) while addressing the more fundamental problems surrounding America’s current immigration laws. What they developed was the Border Security, Economic Opportunity and Immigration Modernization Act of 2013.
In 2007 and 2008, President George W. Bush tried to enact comprehensive immigration reform. What the Gang of Eight has produced is similar to the bill from 2007–2008. However, there are two factors affecting the current bill that are absent from the bill that previously failed. First, while Republicans are not keen on the pathway provision, they know the political environment demands that they concede on this issue. Second, Sen. Marco Rubio (R-Fla.), a leading member of the Gang, is a potential 2016 Republican presidential candidate who happens to be Latino.
Rubio wants this to be his defining legislative success story and he is working very hard to see it happen. In addition, many Republicans see this as the only way to win back some Latino voters, without whom presidential electoral success may be very hard to achieve. As such, this bill might actually have a chance.
What Will CIR Mean for the Private Club Industry
As of now, there is much in the Senate bill that will help the private club industry. Title III of the bill focuses on expanding the Employment Verification (E-Verify) system currently available. E-Verify allows club officials to determine if a new employee is eligible to be in the country and authorized to hold a job. This web-based system permits a club to submit the employee’s personal information electronically to databases in the Social Security Administration and Department of Homeland Security. Upon receipt of a confirmation notice, the club is then immune from prosecution should that employee later be found to be in the U.S. illegally.
Currently, the E-Verify program is voluntary. Title III of this bill makes its use mandatory after a five-year phase-in period and also implements stronger antifraud protections, including a biometric component, to ensure that the documents match the person hired by the club. NCA has been a longtime supporter of the E-Verify program and we are pleased that the legislation reflects these changes.
Another asset for the club industry is Title IV of the Senate bill, which reinstates the H-2B visa program’s returning worker exemption. The H-2B program allows clubs to hire temporary, foreign workers to fill seasonal jobs American workers will not do. This bill permits H-2B workers who have been here before, and who return to their home countries after their seasonal work is complete, to come back without being counted against the 66,000 H-2B cap. This will increase the practical number of H-2B visas and should help ensure clubs have the temporary, seasonal employees they need to get through their busiest times of the year.
Also, Title IV provides a brand new worker visa—the W visa. This visa is for individuals who are not looking to become citizens of the U.S., but rather, who are looking for year-round, full-time jobs that cannot be filled with American workers. In short, this visa was created to stop the influx of undocumented workers by providing a legitimate way for them to work here legally.
The W visa will bring undocumented workers out of the shadows and into the legal workforce. Though the cap for the new W visa program is low, it is a step in the right direction for many employers who want to do the right thing when hiring year-round workers for jobs Americans typically will not do.
Taken together, these provisions of the Border Security, Economic Opportunity and Immigration Modernization Act of 2013 will help private clubs as they continue to deal with broad staffing concerns. Most importantly, these provisions will help private club leaders know with greater certainty that those whom they hire are legal.
Of course, not all aspects of the law are favorable for clubs, but our industry and many others believe this bill could go a long way to fixing our broken immigration system. Naturally, the politics behind comprehensive immigration reform still make this a tough sale.
Outlook for CIR
After going through more than 150 amendments offered to the Gang of Eight’s original immigration bill, the Senate Judiciary Committee recently voted 13–5 to pass the Border Security, Economic Opportunity and Immigration Modernization Act of 2013. As expected, all Democrats on the committee voted for the bill along with Republican Senators Jeff Flake (Ariz.), Lindsey Graham (S.C.) and Orrin Hatch (R-Utah).
Hatch, a staunch conservative, has had reservations about comprehensive immigration reform in the past. However, his vote for the bill was touted by Democrats and Republicans alike as a statement that this bill could bridge the ideological gap for conservative members of the upper chamber.
Naturally, a bill that provides a pathway to citizenship for those here illegally is controversial. In the past, such a controversial bill would be hit with a filibuster. However, a filibuster on this bill may have larger political consequences, especially for Republicans.
To stop a filibuster, at least 60 Senators must vote for it. Interestingly, Minority Leader Mitch McConnell (R- Ky.) has made it clear to his rank and file members that the bill should not be filibustered. The fact that the Senate’s Republican leader is pushing his members away from a filibuster indicates the importance of this bill. While he cannot stop a Senator from starting a filibuster, it is likely that the votes will be there to end it quickly.
Finally, Senate Majority Leader Harry Reid (D-Nev.) has set aside floor time beginning June 10th for consideration of the bill. At the time of publication, a final vote was expected to come before the Independence Day Recess. If all goes as planned, the bill will likely pass with a strong bipartisan majority. Should that happen, there would be significant pressure on the House of Representatives to act quickly.
The next question will be whether Speaker of the House John Boehner (R-Ohio) allows a vote on the Senate’s comprehensive package or if he brings it forward broken into its constituent parts. Ultimately, it may depend on just how much support Senate Republicans give the bill before we will know what the speaker will do. But, it is clear that if support from Senate Republicans is strong, the speaker will have little choice but to allow the Senate bill an up or down vote.
Club Perspective
From the private club industry’s viewpoint, the Senate’s CIR bill has what club leaders need to protect their clubs and better compete for employees. Though the House bill has yet to be released, it might also meet our needs, but it may not be as politically viable to pass the Senate and be signed by the president. As such, our industry’s best chance for real immigration reform may well come from the Senate’s legislation.
With the president and a bipartisan group of Senators focused on this, there may just be the right amount of give and take to finally get something done. Comprehensive immigration reform has made a major comeback. Now, let’s hope it crosses the finish line.