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WILKES-BARRE —U.S. Rep. Lou Barletta has introduced legislation that protects people who are legally authorized to work in the United States by clarifying that illegal immigrants granted amnesty by executive action cannot be issued work permits.
The Defense of Legal Workers Act — H.R. 1010 — is intended to remedy executive actions taken by former President Barack Obama to shield millions of illegal immigrants and permit them to compete with legal American workers for jobs that are already scarce. Barletta, R-Hazleton, previously introduced the same legislation in November 2014.
“When President Obama granted amnesty to millions of illegal immigrants, he improperly created more competition for legal American workers who are already finding it difficult to find work,” Barletta said in a news release. “American citizens, or people who have come to the United States legally, should not have to suffer from others butting in line after they have broken the law to enter this country.”
Barletta said the legislation is necessary in the wake of two Obama programs: an expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).
Under DACA, legal presence was granted to illegal immigrants claiming to have been present in the United States since before they turned 16, and who claimed continuous residency since 2010, among other criteria.
Under DAPA, legal presence was granted to people who had lived in the country since 2010 and were parents of citizens or legal residents.
In June 2016, the U.S. Supreme Court split 4-to-4 in a case involving the Obama executive actions, leaving in place a lower court ruling that blocked the programs. Barletta said the resulting “legal limbo” means that legislative action is the best means of settling the issue.
“This legislation makes it crystal clear — only those lawfully present can lawfully work,” Barletta said. “This legislation is only necessary because Congress never conceived that an administration would engage in the level of executive overreach exhibited by the Obama Administration.”
According to information provided by Barletta’s office, the Defense of Legal Workers Act amends current law to clearly state that illegal immigrants granted amnesty by executive action are not authorized to work in the United States. It leaves in place current processes by which people become legally present and authorized to work.
“I am hopeful that President Trump will act to overturn DACA and DAPA in defense of legal American workers,” Barletta said. “Until then, this legislation clearly states that it is the policy of the United States to favor legal residents over those who have broken the law to come here.”
Barletta votes to overturn Obama rule
Barletta also voted to overturn a last-minute rule from the waning days of the Obama Administration that makes it harder for states to implement drug-testing rules aimed at making unemployed workers more employable.
According to information provided by Barletta’s office, under a law passed by Congress in 2012, states could voluntarily require unemployment insurance applicants to submit to drug testing if they had either lost a job due to drug use, or were seeking a position that generally required pre-employment drug screening.
A years-long delay in issuing the Obama rule is preventing states from implementing it, Barletta said, and as put in practice, is undermining congressional intent to assist people with drug problems in finding employment. The House passed a resolution of disapproval of the rule by a vote of 236-to-189, sending the bill to the Senate for its approval.
“The point of unemployment insurance is to help people make ends meet while they are out looking for another job,” Barletta said. “If they lost a job because of drug use, or are looking for work where they will be tested, it only makes sense to allow states to screen them for drugs when they apply for unemployment assistance. Failure to do so could doom people to further difficulties in finding work.”
Barletta said the intent of the 2012 law was also to encourage states to enact programs to assist people in overcoming their substance abuse problems.
“People who seek unemployment benefits ought to be able and available to work,” Barletta said. “Well, if you’ve lost a job over drugs, you aren’t able to work. And if you are still using drugs, you really aren’t available either.”
