Immigration Reform and the Hotel Industry

 
Following President Barack Obama’s November 20 address announcing an Executive Order to expand and extend programs for selected groups of undocumented immigrants, the American Hotel and Lodging Association called on the President, Congress and other stakeholders to work together towards comprehensive immigration reform. Below is a letter from Katherine Lugar, President/CEO, American Hotel & Lodging Association.

Dear AH&LA Member,
 
President Barack Obama has announced an Executive Order focused on addressing immigration reform. In an address to the nation on November 20, which will be followed by a rally in Las Vegas, Nevada, the President outlined action that will delay deportation proceedings for nearly 5 million undocumented immigrants currently in the United States. Many of these are children brought here illegally by their parents and are often referred to as “Dreamers.” 
 
The Executive Order creates a new program that would defer deportation for parents of U.S. citizens or green-card holders and allow them to work legally for a period of up to three years. In order to obtain the new legal status, these men and women must pass background checks and pay taxes. The program also expands eligibility for the Deferred Action for Childhood Arrivals (DACA) program, which allows undocumented immigrants who arrived in the U.S. as children to register with the federal government, pay a fee and pass a criminal background test in exchange for temporary legal status and a work permit. The plan also changes regulations regarding foreign workers training in high-tech fields as well as the way foreign entrepreneurs enter the country, in addition to a number of other directives.
 
At first glance, the Executive Order appears to have little impact on our industry. However, it could have unintended consequences on employers as well as potential long-term impact on the prospects of comprehensive immigration reform which AH&LA has worked aggressively to advance.
 
For hoteliers that utilize the H-1B (high skilled) visa, there are provisions that streamline the process available to high skilled workers and their spouses.  The Executive Order did not address low-skilled workers and H-2B seasonal workers which are prevalent in the lodging industry, nor did it make much-needed improvements in the verification system used by employers to determine whether or not applicants are eligible for work in the U.S.
 
Furthermore, there may be some instances in which employees may now come forward and reveal that the paperwork they provided was fraudulent. AH&LA is working with organizations that specialize in this area to obtain legal guidance from the White House on how best to address this issue. We will provide that guidance to you once it becomes available.
 
These Administrative changes are only guaranteed to be in place until the end of President Obama’s term. The next President could decide to repeal or replace this Executive Order.
 
While lawmakers and pundits argue about the politics of the President’s announcement, the hotel industry needs long-term, concrete action in order to establish certainty, grow jobs and continue to build our economy.  President Obama, Congress and other stakeholders must work together to find common-ground solutions that lead to wide-ranging, permanent reforms. AH&LA issued this statement following the President’s address last night:
 
“The President and Congress have a unique opportunity to reform and enhance the current immigration system and provide the hotel industry and many other sectors a powerful tool to establish certainty, grow jobs and continue to build our economy. Our nation is desperate for a modern, effective immigration system that reflects the needs of today’s marketplace. Providing employers an efficient system to verify workers, enhancing national security, and creating a process to address those undocumented workers already in the country are just a few of the reforms that would enable hotels to solidify their business models, better understand their current needs and plan for the future.
 
“The hotel industry welcomed Senate passage of the Border Security, Economic Opportunity, and Immigration Modernization Act largely because it was a bipartisan, comprehensive approach for fixing our immigration system. And while today’s action by the President seeks to address the critical issue of immigration, we strongly urge President Obama and Congress to work closely together with invested stakeholders and industry leaders to find common-ground solutions that lead to wide-ranging, permanent reforms. By doing so, workers will be better positioned to seek employment in the hotel industry, which provides incredible opportunities for career development and upward mobility. In addition, investors, developers and hotel employers will have the certainty they need to successfully create good jobs, with benefits that so many people need.”
 
Moving forward, AH&LA will continue to press Congress for comprehensive immigration reform that addresses issues specific to our industry, and we strongly encourage you to do the same. Specifically, we look to the President and Congress to establish a process to identify, screen, fine, and place in probationary status those undocumented workers currently in the U.S.; ensure that any new employment verification system is effective, efficient, and fair; strengthen the H-2B temporary worker program; create a new lesser-skilled temporary worker program that allows non-agricultural employers to obtain workers when American workers are unavailable; and streamline visa processing and expand the number of countries participating in the Visa Waiver Program.
 
As always, if you have questions, please reach out to any of us here at AH&LA.  We will continue to update you as this issue progresses in the 114th Congress. 
 
Thank you.
 
Sincerely,
Katherine Lugar
President/CEO