Capitol Hill

On March 16, NRCA Director of Federal Affairs Craig Silvertooth and I testified at a National Regulatory Fairness Hearing convened by the Office of the National Ombudsman of the U.S. Small Business Administration (SBA). The hearing was held to give associations an opportunity to comment on unfair or excessive federal regulatory enforcement affecting their members and small businesses nationwide.

The Small Business Regulatory Enforcement Fairness Act of 1996, which NRCA helped pass into law, created the ombudsman's office within SBA and established 10 regional regulatory fairness boards nationwide (see "The little-known liaison," June 2003 issue, page 30). Bruce McCrory, chief operating officer and general manager of NRCA member Kiker Corp., Mobile, Ala., chairs the Region IV Small Business Regulatory Board and is an adviser to National Ombudsman Nicholas N. Owens.

Each year, a series of regulatory fairness hearings are held across the U.S. to give small-business owners an opportunity to testify against unfair practices or burdensome policies imposed on them by federal agencies, and the ombudsman often intervenes with federal agencies on behalf of small-business owners. The national hearing was designed to address broader policy issues with federal agencies.

Immigration issues

NRCA was one of 10 associations to present a written statement and live testimony. Its focus was the U.S. immigration system and U.S. Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE) division's decision to ramp up the agencies' enforcement activities despite the absence of comprehensive immigration reform.

NRCA also took issue with a June 14, 2006, notice published by DHS that proposes to alter existing regulations regarding how employers are expected to respond to "no match" letters from the Social Security Administration (SSA). SSA issues "no match" letters when information contained on W-2 forms does not match SSA's records.

DHS proposes to prosecute employers for immigration violations through greater access to SSA records and for failure to terminate employees who are the subject of unresolved SSA "no match" letters.

Silvertooth and I explained to Owens and board members that the issues DHS aims to address through raids and new regulations first should be handled through the legislative process. Congress is working on immigration reform legislation that will include new employment eligibility systems and enforcement mechanisms, and DHS should exercise restraint and withdraw its "no match" letter proposal until the legislative process has run its course.

The National Regulatory Fairness Hearing could have a positive effect. One board member was so impressed with NRCA's written statement that he asked for permission to reproduce and distribute it. And DHS and ICE staff members were present for live testimony and heard NRCA's concerns, as well as concerns from several other presenters.

Magazine forum

On March 23, NRCA co-sponsored and participated in a TALKERS magazine forum about immigration issues at the U.S. Chamber of Commerce. TALKERS magazine is a widely read publication in the talk show industry, and this event was designed to enable NRCA and allies in the Essential Worker Immigration Coalition (EWIC) to gain traction with talk show hosts for NRCA's views concerning comprehensive immigration reform.

Silvertooth represented NRCA on the forum's panel and was joined by talk show hosts and representatives from the U.S. Chamber of Commerce, American Nursery and Landscape Association and legal counsel for EWIC. NRCA hopes the forum and resultant publicity in TALKERS magazine will generate more guest spots on talk shows for EWIC commentators.

Leverage

Immigration raids and regulatory proposals from DHS and ICE, as well as both chambers of Congress beginning to consider immigration reform bills, make it clear NRCA must be visible on the issue and take advantage of every opportunity to leverage its position. The National Regulatory Fairness Hearing and TALKERS magazine forum were two excellent platforms for NRCA to make a case for comprehensive immigration reform. For more information about NRCA's immigration position, log on to www.nrca.net or call NRCA's Washington, D.C., office at (800) 338-5765.

Craig S. Brightup is NRCA's vice president of government relations.