LAKELAND (Florida) LEDGER

July 14, 2006

Putnam: Ease Up On Rule For Work

By KEVIN BOUFFARD
The Ledger

LAKELAND -- U.S. Rep. Adam Putnam is pressing White House officials to rein in a proposed Department of Homeland Security rule that would make it easier to prosecute employers for hiring illegal immigrants.

"I'm going to point out the importance of crafting a rule in a thoughtful and responsible way so employers will not be dragged into an unacceptable situation simply because they're not document experts," Putnam told The Ledger on Thursday from Washington. "I will ask for a delay of implementation until then."

Putnam spoke while en route to a meeting with Karl Rove, the Bush administration's top political and domestic policy adviser.

After the meeting, also attended by other congressmen, Putnam offered no details.

"We had a very good discussion about immigration and the challenges we face in securing our borders and moving toward a guest-worker program," he said.

The Bartow Republican said he was particularly concerned about the proposal's impact on hiring in October, the beginning of Florida's next citrus season.

"Because it's the end of the (current) season, there's concern but not panic," he said. "The greater concern is what will be involved for the beginning of the next harvest season."

Putnam, Rove and the others discussed the Homeland Security regulation proposed in June regarding how employers handle "no-match" letters received from the Social Security Administration.

A no-match letter means the federal agency cannot reconcile a worker's name and Social Security number with its records. The employer submits names and Social Security numbers when it pays FICA taxes.

About 90 percent of the mismatches occur because the workers are illegal immigrants, according to Homeland Security. Of the 250 million wage reports employers submit annually, about 10 percent result in a no-match letter.

The current 1986 immigration law requires the employer try to resolve the mismatch. But a U.S. Department of Justice regulation states the letter is not proof of illegality and that the employee cannot be fired solely because of a no-match letter.

The proposed Homeland Security regulation would create a presumption of illegal status when the employer gets a no-match letter. If the employer doesn't resolve the mismatch in 60 days, it must fire the employee or risk prosecution for knowingly hiring an illegal immigrant.

Penalties for failing to resolve the mismatch include civil fines and criminal prosecution on either felony or misdemeanor charges, depending upon the frequency of violations by the employer.

Homeland Security is accepting comments on the proposal until August and is expected to issue a final regulation before the end of the year.

The law would affect all employers, but it would most affect several Florida industries that employ large percentages of illegal immigrant labor.

On the top of that list is Florida agriculture, where 80 percent or more of the workers who harvest citrus fruit, winter vegetables and other crops are illegal immigrants.

Putnam said he agreed with critics of the Homeland Security measure that it puts too much responsibility on employers to distinguish genuine identity papers, such as birth certificates and Social Security cards, from sophisticated forgeries readily available.

He also shared the concern expressed by many citrus industry officials that the Homeland Security regulation will become effective before Congress passes any immigration reform bill.

Citrus leaders and other agriculture leaders are pushing for that bill to include a simplified guest-worker program that would allow Central American natives to live and work in the United States during harvest season. They fear enactment of the regulation without a liberalized guest-worker program will cut off the supply of harvest workers.

"It's a very legitimate concern," Putnam said. "It appears unlikely at this time that Congress will act before the (citrus) season begins."

Putnam said he also met in the morning with Jay Clark, the president of Lakeland-based Florida Citrus Mutual, the state's largest growers representative, and Mike Sparks, Mutual's chief executive, regarding the Homeland Security rule.

"A fair number of people," mainly growers, have also called him about the regulation, he said. Legislators will not act on immigration reform before the November election, he said.

However, there is a "100 percent" chance Congress will reconvene after the election for a so-called "lame-duck session."

But what happens at the lame duck session is anyone's guess, Putnam said.

The U.S. House of Representatives and Senate have passed widely divergent immigration bills.

The House bill, widely criticized as punitive, deals only with tighter enforcement of borders and punishment of illegal immigrants. The Senate bill -- favored by agriculture, the construction industry and others that employ large numbers of illegal immigrants -- includes a guest-worker program.

Putnam's district includes central and South Polk County. U.S. Rep. Ginny Brown-Waite, whose district includes Northwest Polk, did not return calls from The Ledger.