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."
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.
—Alistair MacDonald
contributed to this article. |