April 1, 2008

Immigration Actions by the States Continue

As GT has continued to report ,  a number of states across the country disillusioned by Congress's failure to pass comprehensive immigration reform in 2007 have taken matters into their own hands . The states are passing a host of bills aimed at illegal immigrants and employers from both the enforcement perspective as well as reform.  A number of these bills mandate the use of the E-Verify program by employers, prohibit employers from hiring illegal immigrants at the risk of civil and criminal penalties and limit the rights of illegal immigrants to obtain state benefits such as education and medical attention. 

Most recently, lawmakers in Arizona and Colorado have  gone way  out on a limb by considering  the creation of a state guest-worker program to fill severe labor shortages.  The Arizona legislation seeks to create a program administered solely by the state of Arizona.  The proposal  would allow Arizona employers to recruit workers through Mexican consulates if they could document their need for the labor after a test of the state market for employees to fill these positions.  To be eligible, a worker could not be an illegal alien already living in Arizona. After passing a criminal background check, Mexican workers would receive a two-year visa to travel between Mexico and the United States, but would be barred them from entering other American states. Interestingly, in January Arizona implemented the strictest immigration laws in the country that prompted many illegal aliens to leave the state to search for job opportunities elsewhere. 

The Colorado proposal is aimed at providing immigrant labor to chili, tomato and watermelon farmers. The Colorado proposal is a response to the backlog delays that many employers in Colorado have experienced in trying to recruit immigrant workers through the federal temporary worker program.  The Colorado proposal would provide for a quicker means for state employers to bring immigrant labor to the State.  The legislation would also provide for a portion of the workers wage's to be paid to them only after they returned to their home country.   

Federal law prohibits the States from enacting guest-worker agreements however,  it is possible although highly unlikely that Congress could grant the States permission to do so. 

A number of states have began passing legislation that imposes additional verification obligations on employers to deter the employment of illegal aliens. In Mississippi, all employers will have to use the federal E-Verify program to confirm the employment authorization of their new hires. The date by which employers must comply with the requirement depends on the size of the employer- similar to the legislation currently enacted in Georgia. In Virginia, effective July 1, 2008, all public contracts for goods and services must include language that requires contractors to confirm that they do not employ illegal aliens. In addition, employers in Virginia convicted of a pattern or practice of employing illegal aliens may lose their business licenses in the state for at least one year.

Additionally, on March 13, 2008, Utah's governor signed into law the Illegal Immigration Act (SB-81), which will take effect on July 1, 2009. This bill will require all public employers as well as their contractors and subcontractors to use a status verification system to verify the immigration status of all new hires. SB-81 recognized the federal E-Verify program and the Social Security Number Verification Service (SSNVS) as acceptable status verification systems for employers to use. Subcontractors to state contractors must provide affidavits stating that they have verified the employment status of each new employee through a status verification system.

GT will continue to monitor other state and local laws which dictate immigration related actions.