Arlen Specter: “early this morning, as we do every morning before coming to the floor to debate the immigration bill, a group of…”

“early this morning, as we do every morning before coming to the floor to debate the immigration bill, a group of Senators sat down to consider and analyze the amendments which are on the list for today. In discussing the amendment by the Senator from Texas, there was, candidly, more confusion than I have seen on any of the amendments which we have analyzed so far. When the Senator from Texas says the immunity is eliminated only after the application is denied, then the reason for confidentiality ends, I disagree with him about that because the reason for the confidentiality is to get the applicant to be candid and complete and honest about all of the information in the application. So if the applicant knows that at some point the confidentiality is gone, there is no longer the motivation to be completely open and completely candid in making out the application. What we are really seeking, as a public policy matter, is to get the applicants to be candid and forthright and complete in the information they are providing. If there is evidence of fraud in the application, or if there is evidence of crime, that will be provable by evidence outside the scope of the application. There is another aspect of the confidentiality; that is, the confidentiality or safe harbor which applies to the employer.…”