Editor’s note: The following is the text of a letter recently sent to Rep. Heath Shuler (D-N.C.).
Dear Congressman Shuler,
On behalf of the National Federation of Independent Business (NFIB), the nation’s leading small-business advocacy group, I am writing to express our strong support for H.R. 4088, the Secure America through Verification and Enforcement Act of 2007 (SAVE Act).
This legislation takes into account the concerns small-business owners have with illegal immigration, and in particular, the employer verification sections strike a fair balance between increased enforcement and limiting the regulatory burdens placed on small business.
Immigration enforcement is a federal responsibility, and small-business owners believe that Congress needs to fulfill its obligation to enforce our borders and provide a nation-wide employee verification system.
Many states are working to enact their own enforcement measures, and if Congress does not act, the resulting impact will be chaotic as small-business owners would face a complex and confusing set of enforcement policies. We commend you for recognizing that a failure to act by Congress may well result in 50 state and local governments enacting their own immigration enforcement measures.
Like most Americans, small-business owners are troubled by the problem of illegal immigration. According to recent NFIB Research Foundation polls.
- Over 90 percent of NFIB members believe that illegal immigration is a serious problem;
- 86 percent say that finding a solution should be a "very high" or "high" priority for Congress and the administration.
- 73 percent of NFIB members agreed that employers should be required to use a government-run verification system.
- 83 percent stated that employers who knowingly hire illegal immigrants should be subject to fines or other penalties.
Furthermore, they believe that an automated system to identify eligible workers would help ease I-9 burdens.
NFIB believes that in order for an immigration reform effort to be successful, the requirements and enforcement provisions must be workable, efficient and fair for small businesses. As such, NFIB supports an employment eligibility verification system (EEVS) that includes a reasonable limit on small-business penalties and reduces such penalties on first-time offenders, prohibits penalties for good-faith violations, protects employers if incorrect information on a worker is given by the EEVS and contains an appropriate phase-in time of the new EEVS system. Title II of the SAVE Act addresses these small-business concerns and is consistent with the beliefs of our members.
NFIB is pleased that the SAVE Act retains current internal revenue code that takes into account the size of an employer in its fee structure. We also appreciate that the bill retains the safe haven provision for voluntary and early compliance. Small-business owners are always concerned about how government regulations will burden them, and we applaud the inclusion of a 1-800 number for verification purposes.
As Congress begins consideration of H.R. 4088, we are eager to work with you to ensure that America’s small businesses are not unduly burdened or unfairly scrutinized. NFIB is hopeful that during committee consideration of the bill, further legal certainty can be clarified for small employers that hire subcontractors. Also, H.R. 4088 would require an employer to allow an employee only 10 business days to correct any mismatching number with the Social Security Administration or face termination. NFIB supports a 90-day notification time period. In addition, while our members support an enforceable guest worker program and expanding H-2B visas for economic need, we understand the need to first secure our borders and verify employment status.
Small-business owners feel strongly about enforcing our borders and creating a workable employee verification system, and we endorse your legislation.
Thank you for your strong support of small businesses, and we appreciate your leadership on this issue.
Sincerely,
Dan Danner, executive vice president, public policy and political, the National Federation of Independent Business (NFIB).
