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Reality Check | Ephraim Schwartz » New year brings tough new state immigration laws

January 02, 2008 | Comments: (0)

New year brings tough new state immigration laws

While efforts to rewrite immigration law at the federal level failed last year, two state measures, Tennessee House Bill No. 729 and Arizona House Bill 2779, will have far-reaching repercussions for immigrants who want to work in the United States, as well as for the employers who want to hire them.

As of Jan. 1, 2008, employers who hire noneligible immigrants — noneligible could mean either legal or illegal immigrants, depending on their visa status — will have their business license revoked.

This, as you can imagine, is tougher than a mere fine. This would put a company not in compliance with the new laws in Tennessee and Arizona out of business.

According to Greg Siskind, an immigration lawyer for Siskind Susser Bland, the question that remains open is whether or not a state or local government has the right to create its own immigration requirements beyond what the federal government requires.

"The Founding Fathers clearly gave Congress the sole authority to regulate immigration," says Siskind in his VisaLaw newsletter.

Arizona and Tennessee businesses fought the legislation to no avail.

How deeply this will affect IT in those two states remains to be seen. The bill may be targeted at lower-paying restaurant, landscaping, and other jobs considered nonskilled positions, but it is a wide net that may catch any company, including those hiring IT professionals, not following the new laws.

There are lots of details employers need to be aware of, and it is probably a good idea to read Siskind's newsletter, which offers 15 pages of details.

However, it is worth mentioning that employers using the new federal E-Verify system, which supposedly responds to the eligibility of a potential employee in about five seconds, isn't always accurate.

There have been cases where a perfectly eligible employee was denied a job because the E-Verify system misidentified him or her.

The E-verify system compares Social Security number data and information in Department of Homeland Security immigration databases.

The Tennessee law says an employer by law must determine the immigration status of a non-U.S. citizen and failing to do so could revoke the business license.

Finally, Siskind warns that the current Tennessee law does not provide for an appeals process.

The Arizona law stipulates that a first-time employer/violator of the law — where an employer knowingly hired a worker ineligible for employment — must terminate employment, and the employer is subject to a three-year probation period, wherein the employer must file quarterly reports on all new hires to the county or state attorney.

There's plenty more to chew on here, so do read the VisaLaw newsletter written by Greg Siskind.

Posted by Ephraim Schwartz on January 2, 2008 12:15 PM


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Two states down, 48 more to go... Nice Job Tennessee and Arizona.

Posted by: mlimberg at January 2, 2008 04:04 PM

I have the feeling even these two states won't be down for very long....

Anti-Immigrant extremism is a economic loser, and in the long run (when people see the cost of these reactionary policies) it will be a political loser as well.

An immigration solution that is both compassionate and reasonable for business is the only way forward.

Posted by: edgar at January 2, 2008 04:23 PM

edgar,

Please be realistic. Solutions that are "compassionate and reasonable for business" were implemented several times in U.S. history. And the parties who were supposed to use them sat on their hands (i.e. business and citizens of foreign countries who choose to become illegal aliens). Insanity occurs when you look for change but continue doing the same thing and getting the same results. We (American citizens) are not tired of the BS will not allow ourselves to become insane like you seem to have no problem with.

Compassionate and reasonable solutions have never worked. I can prove my point. You can't prove yours.

Posted by: us citizen at January 2, 2008 04:37 PM

Criminals did NOT build America; Citizens and LEGAL immigrants built it. Illegal Aliens and Immigration is NOT the same thing. 80% of the American people want an end to anarchy! This is NOT a Democrat, Republican, Independent issue. It's an American Issue.

Illegal aliens are criminals, those who hire them are criminals and those who aid-and-abet them are criminals.

Illegal aliens in America have NO rights. We are required by law to arrest and prosecute, deport them. (Title 8 U.S. Code) To report illegal aliens call the DHS National Hotline 1 866 DHS 2ICE. (1-866-347-2523)

No, matter your political party affiliation, and setting aside your thoughts on issues. We all need to remember what it is to be an American Citizen. We need to make sure our elected representatives obey their Oath of Office and keep their Oath of Allegiance. See http://tinyurl.com/2znnvl Know whom you are voting for.

Posted by: Dr Coles at January 2, 2008 05:34 PM

Dr Coles needs to educate himself more - illegal aliens certainly do have rights. This is, after all, America.

What's humorous about the sanctimonious claims of support for legal immigrants is that over 90% of our immigrants come here based on who they are related to or who they are sleeping with, rather than their skills. I question whether any of the posters here could actually qualify to immigrate to the US based on their own merits - it's that hard.

Posted by: Luke at January 2, 2008 06:44 PM

Luke,
We are required by law to arrest and prosecute, deport them. If this is not done then we are obligated to provide services to certain all individuals without inquiring about their status. This DOES NOT mean illegal aliens have a "pass" although they and their supporters have craftily framed it to seem that way.

Illegal alien "rights" are fraudulent and are only as good as long as someone does not deport them. The laws are clear and honest people feel and hope that other people are honest...therefore of you are not deported or being deported then you must not be eligible for deportation. But illegal aliens are not honest so they remain quiet and masquerade as honest people...and illegal aliens presume they have rights that are granted to eligible (i.e. honest) people. But illegals are not honest and are actually not authorized for anything except deportation and/or jail.

Posted by: us citizen at January 2, 2008 07:31 PM

Hats off to Arizona and Tennessee for enforcing immigration where the Federal government has failed. Acknowledged there'll be a financial impact but it will mostly impact those greedy businesses that employ ilegals. If the Federal governmant and every state in the union would do likewise we could rid our country of this scuge in no time. I believe there should also be some financial penalty that off sets some of the immigration enforcement costs. Illegal immigration is the single largest threat to the future of this country and w need to do somethign about it.

Posted by: Bill at January 2, 2008 08:42 PM

I would like to see those who demand compassion, show a little compassion, by "sponsoring" a family of illegal aliens. Paco, and Lupe, and their seven children would then be the sponsor's responsibility.

I'm also dying to see pigs fly.

Posted by: Dean Smith--Palm Desert, California---USA at January 2, 2008 09:00 PM

to all the people that say aliens dont have rights,i think you are wrong.that is to say that white,black,indian,or asia dont have rights,i have seen(the illegal alien)as you would call them
work for there familys.the american people are the ones who should be ashamed.they take and take until there is no more.and the worst part is that we take from each other.everybody wants to blame the immigrant for taking jobs-if the american people stopped being so greedy and got out there and done the job themselves we would have such a problem would we-i really dont see whites going out picking cotton,to make clothes,i dont see any blacks trying to go pick fruit and veggies to feed there familys and i dont see the asians trying to get there feet wet to make sure we have a life time supply of rice-if your so concerned take your educated children and put them in those positions and see what your good home growns will do...................................and i am an american-one with open eyes......

Posted by: LAWANDA at January 3, 2008 06:05 AM

Lawanda: You may have your eyes open, but your head is in the sand. There are machines that harvest cotton, rice, and some fruit. There could be much more mechanization but farmers don't want to invest in that. They would rather pay sub minimum wage to illegal aliens. The invaders have driven American people out of the harvesting, meat packing and building industries by working for less than fair market wages. U.S employers in these industries take advantage of this cheap labor and that is exactly why TN, AZ, and OK have enacted laws to punish those employers. The laws generally mimic the Federal law that is on the books now, however these states can now enforce their state law. An attractive by product of this enforcement is that without a job the illegal invader is forced to either return home or go to another state for work. As the success of these states becomes known then additional states will mimic the laws and eventually we will see that our immigration laws were not broken just unenforced. I am willing to pay a little more for my food and some services and I could see lower insurance rates, lower hospital rates, and lower taxes since I will no longer be subsidizing illegal invaders or their children.

Posted by: McMorty at January 3, 2008 08:33 AM

I have read all the comments and I think people are just speaking out based on their own opinion or experience with immigration or they are themselves immigrants and have become US citizens. In reality no one is right or wrong, but I think there is more than one input that needs to be considered when it comes down to immigration. I think that everything that is logically illegal should not be happening and should be punished. So with that said, I agree that companies that hire illegals should be punished. My situations Is the following: Due to a war in my country, I was given an opportunity to pursue my high school and eventually college education in the USA. I lived with a very generous American family during the time of my education. Not to go in all details, but I have spent 9 years of my life in the USA as a student, on a student visa. Due to such strict and in my opinion broken immigration system I have not been able to stay in the country, I feel that I am a citizen without a citizenship. Even though I do have a college education and was able to get a professional job, I was not able to obtain an H1-b (work visa for foreign professionals), due to a cap of 65,000 and a much higher demand each year. Now in my opinion the immigration system is broken if you have illegal immigrants working and not paying social security and business are still allowed to hire them, and you have people like myself who obeyed all the laws, but in the end due to some arbitrary cap of legal visas did not receive one. I just hope that our government (The US government) will come to senses and introduce a logical and fair immigration system.

Posted by: AL at January 3, 2008 10:12 AM

I always find it interesting when those who oppose local legislation like that in AZ and TN cite the inaccuracies of E-Verify. They don't understand how the process works.

If a "tentative non-confirmation" is returned by the E-Verify system, the questionable employee is not immediately terminated. He/she is provided a reference letter and sent to the local Social Security Admin office for an investigation and "official" determination.

If an employee is terminated wrongly, it is not because of the employer's participation in E-Verify or even a problem with E-Verify; it is an error in SSA records.

Posted by: Bob Griggs at January 4, 2008 05:13 PM

People who try to make this an immigration issue are wrong - this is an ILLEGAL immigration issue. We have enough people in this country already who do not obey laws, we don't need more of that.

"What about higher food prices?" some say. We will pay it. We already paid for the huge jump in gas from $2 to $3/gallon. That's so not an issue.

Illegals use false SSNs to get benefits. A woman I work with had all of her accounts frozen and IRS trouble because an illegal from Cuba stole her SSN. When illegals were asked about tough new license laws that prevent them from getting a license, their response was "I'll drive without one."

The bottom line is this: Illegals do not respect our laws. If they feel a law is unjust (like an immigration or license law), they have already established they'll simply ignore it. I'm missing the part where that is desirable. How many are registered with selective service? How many impact state unemployment by their employers not paying proper payroll taxes? That's only two issues out of the many that exist, I just don't have time to sit here and list them all. But they're not hard to figure out.

Posted by: BT at January 4, 2008 07:04 PM

Illegal immigrants DO have rights, but they do not have the right to live and work here.
Peter Klokow, legal immigrant 1967, now proud US citizen

Posted by: Peter Klokow at January 8, 2008 09:04 PM

I would bet that if these 'illegals' were fair skinned Europeans, this insane movement to rid the country these so-called undesirables would never have become such a huge issue.

Posted by: Chingaso at January 9, 2008 11:05 AM

Hats off to AZ and the rest!

The real problem here is that people don't want to clean their own toilets or mow their lawn.

We all want to live on a plantation in the south with a servant workforce to do the grunt work for us so we can elevate our lifestyle.

But what we don't realize (or don't care about?) is that by importing a 20million+ workforce that doesn't speak our language, doesn't care about our system or our laws, and doesn't care what the government does to us, we are working to destroy the most important part of our country, our cohesion.

If it's this tough to get the political will to decide to go to iraq or not, tax or not, stop the gov from spying, etc. what do you think it will be like when we can't even speak with each other? When each little group has their own set of network TV channels with their own news shows and web sites and nobody even knows what is being discussed by the other group?

Posted by: get rid of the servants at January 14, 2008 06:30 PM

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