Customs and Border Protection agent Jesus Gomez checks a passport at the vehicle crossing at the San Ysidro Port of Entry in California.
Lawmakers working to craft a new comprehensive immigration bill have settled on a
way to prevent employers from hiring illegal immigrants: a national
biometric identification card all American workers would eventually be
required to obtain.
Lawmakers working to craft a new comprehensive immigration bill are proposing a
new national biometric ID card that would be required of all U.S.
workers. WSJ's Laura Meckler explains the proposal and the objections
from privacy advocates.
Under the potentially controversial plan still taking shape in the Senate, all
legal U.S. workers, including citizens and immigrants, would be issued
an ID card with embedded information, such as fingerprints, to tie the
card to the worker.
The ID card plan is one of several steps advocates of an immigration overhaul are taking to address concerns that have defeated similar bills in the past.
The uphill effort to pass a bill is being led by Sens. Chuck Schumer (D., N.Y.) and Lindsey Graham (R., S.C.), who plan to meet with
President Barack Obama as soon as this week to update him on their
work. An administration official said the White House had no position
on the biometric card.
"It's the nub of solving the immigration dilemma politically speaking," Mr. Schumer said in an interview. The card, he said, would
directly answer concerns that after legislation is signed, another wave
of illegal immigrants would arrive. "If you say they can't get a job
when they come here, you'll stop it."
See attempts at reform and statistics on immigrants removed from the U.S. over the past six decades.
The biggest objections to the biometric cards may come from privacy
advocates, who fear they would become de facto national ID cards that
enable the government to track citizens.
"It is fundamentally a massive invasion of people's privacy," said Chris Calabrese, legislative counsel for the American Civil Liberties
Union. "We're not only talking about fingerprinting every American,
treating ordinary Americans like criminals in order to work. We're also
talking about a card that would quickly spread from work to voting to
travel to pretty much every aspect of American life that requires
identification."
Mr. Graham says he respects those concerns but disagrees. "We've all got Social Security cards," he said. "They're just easily tampered with. Make them tamper-proof. That's all I'm saying."
U.S. employers now have the option of using an online system called E-Verify to check whether potential employees are in the U.S. legally.
Many Republicans have pressed to make the system mandatory. But others,
including Mr. Schumer, complain that the existing system is ineffective.
Last year, White House aides said they expected to push immigration legislation in 2010. But with health care and unemployment dominating
his attention, the president has given little indication the issue is a
priority.
Rather, Mr. Obama has said he wanted to see bipartisan support in Congress first. So far, Mr. Graham is the only Republican to voice
interest publicly, and he wants at least one other GOP co-sponsor to
launch the effort.
An immigration overhaul has long proven a complicated political task. The Latino community is pressing for action and will be angry if
it is put off again. But many Americans oppose any measure that
resembles amnesty for people who came here illegally.
Under the legislation envisioned by Messrs. Graham and Schumer, the estimated 10.8 million people living illegally in the U.S. would be
offered a path to citizenship, though they would have to register, pay
taxes, pay a fine and wait in line. A guest-worker program would let a
set number of new foreigners come to the U.S. legally to work.
Most European countries require citizens and foreigners to carry ID cards. The U.K. had been a holdout, but in the early 2000s it
considered national cards as a way to stop identify fraud, protect
against terrorism and help stop illegal foreign workers. Amid worries
about the cost and complaints that the cards infringe on personal
privacy, the government said it would make them voluntary for British
citizens. They are required for foreign workers and students, and so
far about 130,000 cards have been issued.
Mr. Schumer first suggested a biometric-based employer-verification system last summer. Since then, the idea has gained currency and is now a centerpiece of the legislation being developed, aides said.
A person familiar with the legislative planning said the biometric data would likely be either fingerprints or a scan of the veins in the
top of the hand. It would be required of all workers, including
teenagers, but would be phased in, with current workers needing to
obtain the card only when they next changed jobs, the person said.
The card requirement also would be phased in among employers, beginning with industries that typically rely on illegal-immigrant labor.
The U.S. Chamber of Commerce doesn't have a position on the proposal, but it is concerned that employers would find it expensive and complicated to properly check the biometrics.
Mr. Schumer said employers would be able to buy a scanner to check the IDs for as much as $800. Small employers, he said, could take their
applicants to a government office to like the Department of Motor
Vehicles and have their hands scanned there.
Write to Laura Meckler at laura.meckler@wsj.com.
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