Op-ed published in Ft. Worth Star-Tribune on March 15 in the need for immigration reform

Reform, with a generous helping of reality
By CRAIG MILLER
Special to the Star-Telegram

Responding to justifiable public outrage generated by our out-of-control immigration system, the Senate Judiciary Committee tomorrow will examine ways to reform it. Too long neglected, the current system undermines America's economic and security interests. It is imperative that senators get it right.

As a restaurateur, I see the economic damage done by the immigration system every day. Fast-growing industries such as mine and others, such as construction, healthcare and hospitality, face worker shortages. These are set to get worse.

Over the next decade, the National Restaurant Association projects that the number of jobs in the food-service business will grow 1.5 times as fast as the U.S. labor force. The number of 16- to 24-year-olds in the labor force — half our industry's workforce — will not grow at all.

Unfortunately, our immigration system does not reflect America's need for workers. Our economy provided 134 million jobs last year. Yet the federal government makes only 10,000 green cards available for service industry workers each year. No wonder there are an estimated 12 million undocumented individuals in America today and half a million more arriving each year.

This dysfunctional system forces America's employers to navigate tricky waters each time they hire: complex immigration regulations; a glut of seemingly valid, but counterfeit, worker identification documents; and the threat of discrimination lawsuits if they ask the "wrong" questions about employees' documents.

Immigration foes claim the answer is simple: more enforcement. This approach, typified by a bill that passed the House of Representatives last year, proposes severe penalties for employers and undocumented employees. The idea behind the bill: make life so tough on the undocumented that they will eventually leave.

The House bill classifies undocumented immigrants as "aggravated felons" — a tough charge for the nursing home employee who cares for the elderly or the hotel worker who cleans our room. It would fine even "mom and pop" restaurants as much as $25,000 for paperwork errors.

The economic consequences of removing the one in 20 employees who are undocumented from America's workforce would be devastating. The restaurant industry — the nation's largest private sector employer — sustains 12.5 million jobs in restaurants directly and millions more in other industries.

If a restaurant cannot fill entry-level positions, fewer higher-skill jobs are viable — in our industry and many others. Overall, the National Restaurant Association estimates that removing one in 20 food-service employees would result in a $20 billion loss to America's economy.

Clearly we can't fix our broken immigration laws simply by enforcing them more stringently. We need to make them reflect the law of supply and demand and the need to secure our borders. Only by reforming immigration policy in this way will we improve enforcement, and strengthen America's economy, security and values.

Sens. John McCain, R-Ariz., and Edward Kennedy, D-Mass., have introduced legislation supported by religious groups, labor unions and employers. Sens. John Cornyn, R-Texas; Jon Kyl, R-Ariz.; Chuck Hagel, R-Neb.; and Pete Domenici, R-N.M., recognize that "more enforcement" alone won't solve the problem; each has something to add to the solution.

Now the task falls to Senate Judiciary Committee Chairman Arlen Specter, who also has new ideas to offer, and members of his committee to produce immigration legislation that finally addresses America's economic and national security needs. The stakes could hardly be higher.

Craig Miller, chairman of the National Restaurant Association, is president and chief executive officer of Ruth's Chris Steak House.