Several years ago I was asked a question. "Since you are so opinionated and critical of proposed guest worker plans, what would you do? How would you go about creating a guest worker plan? I responded by drafting a plan that inspired a plan submitted to Congress, but was never heard on the floor.
The plan basically addressed real needs for guest workers while at the same time taking into consideration American workers. The following was published in the Tucson Citizen last year:
"Over the years since Senators McCain and Kennedy introduced their bipartisan immigration reform bill, I have been highly critical of the plan, especially the guest worker plan included within the text. Several people have asked, why, if I am so critical, don't I offer a solution to a very real and important issue. Well, I have done so, and I would like to offer some parts of it.The problem I have with most plans is that they are discriminating in nature, and they do not offer realistic protections for American workers. To address these problems I offer the following, which would make any guest worker plan more appealing and fair for all.
First, scrap all existing work visa programs as they are broken and ineffective. The new program should have no caps as these are arbitrary and do not address real needs. Many positions are also granted for political reasons rather than the real needs of all employers and/or workers. The number of visas issued should be based on genuine need rather than arbitrary numbers. Political appointments to a guest worker position are not allowed. All laws of the United States, as well as other laws pertaining specifically to a guest worker program will apply to all participants and will be enforced. Any dispute of the laws will be first addressed by a panel to be made up of legal professionals before being referred to any court. No court outside of the United States will have any jurisdiction in regards to a guest worker program. The benefit of the doubt in any dispute will be granted to the United States.
A government agency must be established to operate the guest worker program, but must also be self-sustaining through reasonable fees to the employer, the guest worker, the host country, or all. The agency must not be profitable, nor should it be operated at a loss. Any excess monies over and above 10% of the total operating budget must be transferred to a fund to offset shortfalls in homeland security, or to supplement such a budget. If in any two years of excessive windfalls or deficits, the fees must be adjusted to reflect the real needs of the program. Fees may be adjusted as needed on an annual basis.
We already have a national job bank. With very little effort and expense, this can be adapted for matching employers to guest workers. The prospective employer submits an application for the worker(s) through this program, along with sufficient documentation proving they have exhausted all reasonable means to hire an American worker. The guest worker fills out an application through the job bank and is matched to the employer. All applications for a guest worker position must be from the prospective worker's home country, or a country the prospective worker is residing legally.
The burden of proof of the need for a guest worker is on the employer and must be verified as being truthful and compliant before a guest worker may be hired.No guest worker may be approved without a complete background check. No person who has been convicted of a crime in any country may be approved for the guest worker program. No person convicted of a crime in any country may accompany a guest worker to this country. No person with ties to any group who has expressed through action or words, their intention to harm America in any way, shape, or form may enter our country. No person who has expressed through action or word, a hatred or animosity for the United States, may be entered into this country. Any guest worker who commits a crime, or acts against the United States while working as a guest worker will be dropped from the program and extradited after the completion of any sentence handed to the guest worker for the crimes.
Rather than allowing an employer to loan monies for expenses related to the application process and moving expenses, either the guest worker must pay this themselves, or the employer may offer a grant to offset those expenses. This keeps the worker from becoming indentured to the employer while still offering a realistic way for the worker to move where the job is.
We already compile statistics as to what every job in the United States pays according to skill levels, experience and location. The worker must be paid on these averages, including benefits. This provision is the most fair to the worker, and takes away incentives for prospective employers to take advantage of the program. It also keeps most workers from being forced to live below the poverty level and adding to the rising numbers of working poor.
Family unification is important, but, the worker must be able to support them. The worker may only bring as many family members as they can support, and then only immediate family members. By this, I mean only a spouse and children. Extended family members would not be allowed to accompany the guest worker. This is not supposed to be a permanent move. Reasonable efforts should be made to allow the spouse to work if this is necessary to support the family.
As the guest worker should be paid a livable wage, and as they should also be an asset to the communities rather then a liability, guest workers should not be allowed social services such as AFDC, food stamps, section 8 housing, etc… Social Security eligibility should be limited to the same requirements as American workers.
As a naturalized American citizen must take an oath of allegiance to support and defend our country and the Constitution, and as, for all intents and purposes, for the duration of, the program, guest workers are expected to obey our laws and act as citizens, all guest workers must take an oath to the United States and sign such an affidavit to swear they will uphold the Constitution and our laws while in our country.
No child of a guest worker can be considered an American citizen by birth. The only possible exception to this would be if one parent is an America citizen, but the guest worker will not be able to gain citizenship through parentage or marriage. I have many more details to this, but these address many of the concerns people have relating to a guest worker plan. I do believe there is a need for guest workers, but any program should never put American jobs in jeopardy, nor should it allow anyone to be taken advantage of. "
Part of my concern about guest worker plans is that most of them promote indentured servitude. This is how slavery started in this country. Initially, immigrants were told that they did not have to have any money to emigrate to the new country. They would be brought here and an employer would cover their expenses. The worker would then work of the debt and be a free citizen. Of course the debt could never be paid off and was transferable to the immigrant's children.
Even after slavery was outlawed in the United States, indentured servitude continued, mostly in the coal towns but in other industries as well. The workers were tied to their jobs by debts they could never pay off. They lived in company housing, shopped in company stores, their children attending company schools. The workers were even paid in company money that could not be spent anywhere else.
If provisions of the may proposed immigration reform plans are passed, we will see a return to indentured servitude, which is just a fancy term for slavery. One can only imagine the politically correct term they will use to make such a move palatable!
