WASHINGTON -- An amendment to encourage government contactors to electronically verify the work eligibility of their employees introduced by Senators Chuck Grassley and Jeff Sessions today unanimously passed the Senate.

            “This is a major concern, especially in light of recent press reports saying that illegal immigrants have been arrested at several military bases working for government contractors,” Grassley said.  “Government contractors should be held to the same standards as the federal government.  If they skirt the rules by hiring illegal aliens, they should face the consequences.”

            Grassley has pushed for mandatory participation in an electronic employment verification program. The existing program is being used by nearly 7000 entities, including the federal government.

            Yesterday, Grassley wrote Department of Homeland Security Secretary Michael Chertoff questioning the Department’s actions on this subject.  Grassley specifically asked if contractors and subcontractors of the federal government were included in the Department’s interpretation of the law.   Current law requires all federal government agencies to participate in the Basic Pilot Program.  The Senator’s questions followed a meeting with Chertoff and Senators from other states impacted by the Immigration and Customs Enforcement raid at Swift meatpacking plants on December 12, 2006

            The amendment passed today would help alleviate Grassley’s concerns.  The amendment would:

·        Ban government contractors that employ illegal aliens  from receiving future government contracts for 10 years

·        Ban other companies (those not currently holding government contracts) that employ illegal aliens from receiving government contracts for 7 years

·        Provide government contractors and companies with an affirmative defense to the ban on government contracts if they were voluntarily participating using the automated electronic verification system (basic pilot) at the time of the offense.

·        Ensure that national defense and national security interests are not inadvertently compromised by the new bans by allowing the U.S. government to waive them if necessary to the national defense or for national security

Here is a copy of Grassley’s letter to Chertoff.

January 24, 2007

The Honorable Michael Chertoff

Secretary

Department of Homeland Security

Washington, D.C. 20528

Dear Secretary Chertoff:

            Thank you for your time on Monday to discuss the worksite enforcement actions against Swift & Company.  I appreciate the time you took to hear our concerns, and discuss solutions to improve our efforts to reduce identity theft by illegal aliens.

            As I stated in our meeting, our government agencies must do a better job of communicating with each other.  That is why I authored an amendment last year to the immigration bill that would give your department access to taxpayer information maintained by the Social Security Administration.  I look forward to pushing this measure into law.

            Additionally, I want to reiterate my concerns about the need for federal government agencies to use the basic pilot program.  The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 included a provision requiring select entities to participate in the program.  The law states that “Each Department of the Federal Government shall elect to participate in a pilot program and shall comply with the terms and conditions of such an election.”  I would like to know how this law is being enforced, and how your department is working to ensure compliance by all federal agencies. 

            Furthermore, I would like the Department’s legal opinion about the ability to require contractors and subcontractors of the federal government to use the basic pilot program.  Last July, the U.S. Immigration and Customs Enforcement (ICE) arrested nearly 60 illegal immigrants at Fort Bragg in North Carolina.  Last week, ICE arrested nearly 40 illegal immigrants hired by contractors working on three military bases (Fort Benning, Creech Air Force Base, and Quantico Marine Base), one of which was reportedly a member of the dangerous MS-13 gang. There are many similar stories of illegal aliens being hired by contractors who work at critical infrastructure sites throughout the United States.  Requiring those who do business with the federal government should be held to the same standard as our executive department agencies.  I encourage you to take steps to ensure that contractors are using the tools that we have provided, and are participating in the department’s electronic employment verification system.

            I appreciate your time and consideration of these views.  I look forward to hearing from you.

                                                            Sincerely,

                                                            Charles E. Grassley

                                                            United States Senator