Senators Bernard Sanders (I-VT) and Charles Grassley (R-IA) announced that they will introduce a bill to restrict the ability of employers to hire non-immigrant workers if the employer conducts “mass layoffs” under the Worker Adjustment and Retraining Notification (WARN) Act. The new bill, titled the Employ America Act (EAA), will be introduced in the U.S. Senate soon.

EAA would require employers filing temporary worker petitions to attest that they have not had a “mass layoff” in the 12 months immediately preceding the foreign worker’s proposed hire date and that they do not intend to have a mass layoff in the future. In addition, if an employer does conduct a mass layoff, all existing visas approved in the 12 months before the employer issued a “WARN Notice” would expire 60 days after the notice. Affected foreign nationals would be required to leave the United States within the 60-day period.  We link to the Senate Press Release

The Warn Act defines a massive lay off as:  A reduction in force that will result in employment loss at a single employment site during any 30-day period of (1) at least 500 employees, not including part-time employees; or (2) 50 to 499 employees, excluding part-time employees, if the laid-off employees constitute at least 33% of the employees at the site, also not including part-time employees. For purposes of WARN, an employment loss is (1) an employment termination, other than a discharge for cause, a voluntary departure or retirement; (2) a layoff that exceeds six months; or (3) a reduction in an employee’s work hours of more than 50% in each month of any six-month period. However, certain transfers to other employment sites are not considered to be employment losses.  An employer is not required to issue a WARN Notice if a mass layoff is the result of the completion of a particular project or undertaking, if the workers were hired with the understanding that their employment would be of a temporary duration.

The good news is – with comprehensive immigration reform (CIR) on hold until next year, it is doubtful that this will pass although it still could be introduced in another piece or legislation.

At a rally Oct. 13th on the west lawn of the United States Capitol, U.S. Congressman Luis V. Gutierrez (D-IL) addressed a crowd of thousands who demanded change to our nation’s broken immigration system. Rep. Gutierrez’ address responded to a recent call from the immigration advocacy community to introduce comprehensive immigration reform in the House of Representatives. Rep. Gutierrez has been actively talking to advocacy and civil rights groups, faith-based groups, labor groups and his colleagues on the Hill to identify the most essential components of such a comprehensive bill. Today, he presented a broad outline of those core principles.

In a statement Rep. Gutierrez said, “We simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it.  It is time we had a workable plan making its way through congress that recognizes the vast contributions of immigrants to this country and honors the American Dream.  I am preparing such a plan, and will introduce  it in the near future.  It will include the following core principles”:  A pathway to legalization, effective border enforcement, humane interior enforcement, protects workers, verifies employment, addresses family unit, Ag Jobs, Dream Act, establishes a future flow of foreign workers that is fair to employers and workers, and promotes immigrant integration. For more, we link to the Press Release

Other rallies took place across the country as well, demanding that Congress enact a broad and humane solution to fix the nation’s broken immigration system. Families, spiritual leaders, and community members gathered to encourage members of Congress and the Obama administration to follow in Rep. Luis Gutierrez’s (D-IL) footsteps and make family unity, workers’ rights, and a commitment to workable solutions fundamental parts of their collective vision for comprehensive immigration reform.

“Immigrants are an integral part of the fabric of American society,” said Marielena Hincapie, executive director of the National Immigration Law Center. “For too long, the flawed and ineffective immigration system has kept them apart from loved ones and made it difficult for them to fully participate in the communities they live and work in.”