Pending Immigration Legislation
Immigration reform has been a hotly debated issue across the United States for the past few years, with numerous proposed immigration laws, regular immigration rights rallies, and unceasing controversy in the press and among legislators. On June 28, 2007, the U.S. Senate blocked passage of a comprehensive immigration reform bill. The bill wasn’t entirely satisfactory to those on either side of the immigration debate: some argued that the provisions to allow workers within the United States to pay fines and fees and remain would have rewarded illegal immigrants for breaking the law, while others argued that the cost was too high and the proposed legislation would have separated workers from their families.
As the failure of that bill sends federal lawmakers back to the drawing board, states and even local governments across the country are proposing statutes and ordinances to enact their own limited versions of immigration reform. Those proposed measures are, for the most part, not friendly to immigrants or to those who employ or provide services to them.
For instance, recently passed legislation in Georgia steps up enforcement against business owners who employ undocumented aliens, and prohibits the deduction of wages paid to workers without adequate documentation as business expenses. The agricultural industry in Georgia is heavily dependent upon immigrant labor.
Other states and even municipalities across the country are considering similar measures, some of which allocate new resources to enforcement activities within the city or state in question.
Total Immigration will bring you updates on pending state and federal immigration legislation as new bills are introduced.
Immigration Legislation Updates for October 23, 2008
Presidential Candidates Share View on Immigration Reform
Many immigration activists are concerned about immigration issues taking a back seat in the elections. Granted, with the U.S. economy imploding and the war in Iraq, candidates have seemed to place immigration on the back burner.
However, the outcome of the election will have an impact on immigration policies and many voters want to hear more about where the candidates stand on immigration.
The Post-Tribune reported that Democratic presidential candidate Barack Obama has outlined a plan that sounds familiar. The reason for the familiarity is that Obama's plan is similar to the failed 2007 immigration reform bill. That bill was backed by his opponent in the presidential race, Republican John McCain.
John McCain crossed party lines to support legislation to would provide a pathway to citizenship for illegal immigrants in the United States.
The McCain-Kennedy Act would have created a guest worker program and a citizenship path for illegal immigrants who paid a fine, learned English and re-entered the citizenship process. In his campaign for president, McCain has made it clear that securing American borders must come before any other immigration reform efforts.
Immigration Legislation in Indiana
In Indiana, both incumbent Governor Mitch Daniels and his opponent, Democrat Jill Long Thompson, have said that immigration enforcement is a federal issue. However, Indiana state Senator Mike Delph has said that he will reintroduce legislation calling for state-level crackdowns on employers that hire illegal immigrants. Delph is expected to act on the legislation when the state legislature convenes in 2009.
California Senator to Re-Introduce Immigration Bill
In early October, California state Senator Gilbert Cedillo's immigration bill that would give driver's licenses to illegal immigrants was vetoed for the fifth time since 1999. At one time, the bill was passed through the Legislature, only to be repealed.
Governor Arnold Schwarzenegger said in his veto that he could not sign the bill into law until Congress passes a comprehensive immigration reform and a method is devised to validate the identity of illegal immigrants.
Cedillo is anything but a quitter. According to the Los Angeles Times, he vows to re-introduce the bill again next year.
Delmarva Crab-Packing Industry Seeks More H2-B Visas
Delmarva Now reported that the crab-packing businesses on Delmarva are joining other small business entrepreneurs in seeking an extension to the federal visas for foreign workers. A bill that is an amendment to the Immigration and Nationality Act, known as the Save Our Small and Seasonal Business Act of 2007, has been introduced. The Immigration and Nationality Act limits the number of temporary workers that are allowed to enter the country. The amendment to the bill labels H2-B visa holders as "returning workers" and removes the limit on how many of these workers can return to work each season.
H2-B visas allow foreign workers to legally enter the United States and work at seasonal jobs for up to six months. These visas help small businesses fill jobs that Americans generally do not want because the pay is low and the jobs are seasonal.
Immigration Legislation Updates for September 25, 2008
SAVE Act of 2007 - Still No Vote
The Secure American through Verification and Enforcement (SAVE) Act of 2007 was introduced in the House by Rep. Heath Shuler and initially seemed to be gaining momentum. In March, a motion was filed to bring the Act out of committee and directly to the House floor, but it still has not seen a vote. The Richmond Register reported that the SAVE Act called for the expansion of the E-Verify program into a mandatory program for all employers and workers in the United States. The SAVE Act would use the Social Security Administration's "no match" letter program, which would require employers to fire workers with mismatched information unless workers could remedy the problem within 10 days. Under the Act, all reported anomalies such as multiple uses of a Social Security number and information mismatches would be stored in a Department of Homeland Security database. The SAVE Act also calls for a continued increase of Border Patrol agents and more funding for infrastructure and technology along the southern U.S. border. It would also provide incentives for state and local police departments to enforce immigration laws.
New Employee Verification Act of 2008 Introduced
The New Employee Verification Act of 2008 is in the first step of the legislative process and is still being reviewed. This immigration bill calls for a mandatory electronic employment verification system that would require all employers in the United States to search a federal government database during the hiring process of every worker. The Richmond Register reported that during April, the House Education and Labor Committee referred the bill to the Subcommittee on Workforce Protections.
SC County Considers Immigration Ordinance
Officials in Pickens County, South Carolina have voted to send an ordinance to combat illegal immigration back to the committee. The ordinance has already passed two public readings. The committee will review the ordinance before it is presented for final consideration. The Pickens County News reported that if the county's measure receives only minor changes in committee, it can be passed with a third and final reading. The county is considering the measure in response to the state's passage of an anti-illegal immigration bill. Provisions of the ordinance include requiring that the businesses which register with the county purchasing division certify that they "do not knowingly recruit, hire or employ" unauthorized immigrants. The ordinance also mandates that employers use the E-Verify program to ensure that all employees are legal. Also included in the ordinance is a provision making English the official language of the county, with all business conducted in English except in emergency situations when required by law to protect due process rights.
Maryland County Commissioner Proposes Immigration Bill
In Frederick County, Maryland, officials are frustrated that the federal government has done little to enforce federal immigration laws. County Commissioner John "Lennie" Thompson Jr. has again proposed a bill for the county's legislative package that calls on the state of Maryland to ask the federal government to hold a Constitutional Convention to address immigration issues. This bill failed in the Maryland General Assembly earlier this year, according to Gazette.net. Commissioner Charles A. Jenkins also introduced a bill to require all agencies, nonprofits and schools that receive funding from Frederick County to verify that the people they assist are not illegal immigrants. This proposal was rejected by commissioners.
The Emergency Nursing Supply Relief Act
The U.S. healthcare system continues to face a shortage of nurses. Market Watch reported that proposed legislation - the Emergency Nursing Supply Relief Act - would remove registered nurses and physical therapists from the current visa caps and allow for an additional 20,000 available applicants per year. In addition, this legislation would require the U.S. Citizenship and Immigration Services (USCIS) to review the I-140 of the nurse petitions within 30 days of submission, rather than the current average wait time of 8 to 12 months. Although many foreign nursing students study in the U.S. and graduate from U.S. nursing programs, they are often forced to leave the country following the expiration of their Optional Practical Training (OPT) due to limited immigration options. Most nursing candidates file for permanent residency to secure a green card and the ability to gain legal employment in the U.S., but there is often a two to three year wait for approval of their cases.
Immigration Legislation Updates for August 7, 2008
Senate Hopeful Proposes Immigration Plan
Rick Noriega, a Democratic U.S. Senate candidate from Texas has proposed an immigration plan that calls for an increased number of border agents and a federal crackdown on employers of illegal immigrants. The immigration plan also would allow illegal immigrants to pay a fine and apply for legal immigration status.
Noriega has criticized the U.S.-Mexico border fence, calling it a gimmick. He has also referred to it as a 700-mile monument to Congress' failure, according to a report by the Associated Press.
While discussing his immigration plan on August 6, Noriega said that it was unrealistic to think that the mass deportation of the estimated 12 million illegal immigrants in the United States is possible. He would rather see these undocumented workers become taxpayers.
Texas Anti-Illegal Immigration Law Is Ineffective
Tulsa World has reported that the number of Hispanic people living in Tulsa and across Texas is growing, despite a tough new anti-illegal immigration law in the state.
The new law, HB 1804, took effect in November and makes it a felony to provide housing or transportation to illegal immigrants. Employer crackdowns included in the law were put on hold due to a lawsuit filed by several business groups. Some say that this may be part of the reason that the state has not seen a decrease of its Hispanic population yet.
Ron Paul Sponsors Border Legislation
Texas Congressman Ron Paul has sponsored legislation that would require border agents to have reasonable suspicion in order to conduct a search of the digital equipment of people crossing the border into the United States.
Fort Bend Now reported that the Data Protection Act sponsored by Paul would put an end to the current policy that allows federal officers to search or seize the laptop computers, Blackberries and other electronic devices without any probable cause. Paul says that his legislation would only allow these types of searches if there were reasonable suspicion that a person has engaged, or is about to engage in criminal activity.
Currently, a Department of Homeland Security policy allows agents to force travelers to surrender passwords so that their encrypted data can be searched. This is regularly done to U.S. citizens as well as immigrants that are entering the country. Not a shred of suspicion or probable cause has to exist for these searches and seizures to take place. Paul says that this practice is unconstitutional and is the reason that the Data Protection Act has been introduced.
Law Causes Immigrants to Avoid Oregon DMV
A new state law in Oregon that took effect in February has proven effective in keeping many Latino immigrants away from the DMV.
The governor's executive order requires that Oregon driver's license applicants prove that they are in the country legally. Under the new law, a valid Social Security number must be provided in order to take the test to get an Oregon driver's license. State officials say they believe that the new law has resulted in 80 percent less people applying to take the Spanish language version of the driver's license test.
Following the governor's executive order, the Oregon legislature passed Senate Bill 1080. This bill requires driver's license applicants to prove that they are not illegal immigrants. Oregon Senate Bill 1080 took effect on July 1.
Immigration Legislation Updates for July 10, 2008
Missouri Governor Signs Tough Immigration Bill
On July 7, Missouri Governor Matt Blunt signed one of the country's toughest immigration bills into law, saying that the state could not wait for the federal government to deal with what has become a serious national problem. The Joplin Globe reported that House Bill 1549 enacts into law the policies proposed by Blunt to crack down on illegal immigration by prohibiting immigrants from getting a driver's license, requiring verification of lawful presence in the country for every person who is incarcerated, prohibiting the creation of sanctuary cities in the state, requiring legal verification of every public employee, allowing for the cancellation of state contracts for contractors who hire illegal immigrants, requiring public agencies to verify the legal status of residents before providing welfare benefits, criminalizing the transportation of illegal immigrants for exploitative purposes and punishing employers for hiring illegal immigrants. Critics fear the law will hurt Missouri as the law is similar to Oklahoma's tough immigration law which has hurt the state's businesses and overall economy.
Indiana Legislators Form Immigration Study Committee
Although Indiana legislators were unsuccessful in passing an illegal immigration bill during this year's legislative session, many are hopeful that progress can be made during the summer with a legislative study committee, according to a report by the Star Press. The committee will likely look at the costs of illegal immigration to state taxpayers, including the price of health care, education, welfare and crime as well as the economic benefits of illegal immigrants who work in the state.
Virginia Bill Would Limit Workplace Languages
In Virginia, the House approved 70-29 a bill that would allow employers to establish English-only rules that serve a legitimate business purpose in the workplace and fire workers who failed to comply with the English-only regulations. The bill died in committee when it hit the Senate, according to a report by the Virginian-Pilot.
Utah Residents Back Tough Immigration Bill
According to a new poll in Utah, three out of four Utah residents are in favor of SB81, a tough immigration law that a legislative panel is currently evaluating. A report by the Deseret News indicated that more than half of the people who were polled say that the law should be even tougher on illegal immigration. The law is set to take effect in July 2009 and is aimed at preventing illegal immigrants from getting jobs or obtaining public benefits.
Immigration Legislation Updates for June 27, 2008
Rhode Island E-Verify Immigration Bill Dies
On June 23, 2008, Rhode Island's controversial E-Verify bill was officially declared dead. The bill had passed the Rhode Island House for the second time, but died a slow death in the Rhode Island Senate due to concerns about its constitutionality. The bill was also strongly opposed by religious and business leaders in Rhode Island, as well as the state's American Civil Liberties Union affiliate.
Utah Lawmakers Asked For Immigration Reform
On June 19, 2008, the Immigration Interim Committee heard personal stories from citizens about how Senate Bill 81 has torn apart families, halted education of immigrant children and caused harm to communities in Utah. A Utah State University trainer told the committee about a bright student with a 3.8 grade point average at the university who has been in the United States since he was a toddler. The student now faces deportation to Guatemala because he was caught up in the Swift & Co. meat packing immigration raid when Immigration and Customs Enforcement agents were looking for his father. The trainer said that he shared the story to encourage the committee to keep in mind that education is the key to helping immigrants contribute to society. A Catholic priest also spoke to the committee about his parishioners' families that were torn apart by the Swift raid. The Salt Lake Tribune reported that the chairman of the Salt Lake Chamber's Immigration Task Force was also critical of some aspects of Senate Bill 81.
Other residents spoke and urged lawmakers to crack down on illegal immigration; one person even said that the energy shortages in the United States could be resolved by deporting up to 20 million illegal immigrants. Ron Mortensen of the Utah Coalition on Illegal Immigration said that many immigrants have stolen the identities of children to illegally work in the United States and said that many people other than illegal immigrants are being victimized.
Federal Immigration Bill May Not Get Vote
The Asheville Citizens-Times reported that on June 10, 2008 an immigration bill introduced by Rep. Heath Shuler got another hearing, but time may run out on a vote on the legislation. Shuler's bill would require employers to use a federal database to verify that employees are legal to work in the United States. While many lawmakers said they realized the need to act on illegal immigrants working in the United States, they found numerous problems with requiring employers to use E-Verify. The use of E-Verify, the Department of Homeland Security's screening database, is currently voluntary under federal law. However, efforts to force employers to use E-Verify have been noticed around the country. On June 6, 2008, President Bush signed an executive order that requires government contractors to use E-Verify. North Carolina has pending legislation that would require employers to use E-Verify, South Carolina's new immigration law also utilizes E-Verify and there is currently a legal battle being fought in Oklahoma over the law requiring employers to use E-Verify.
South Carolina Immigration Bill Signed Into Law
On June 4, 2008, South Carolina Governor Mark Sanford signed a state immigration bill into law that will make the state less attractive to undocumented workers and those who employ them. Under the new immigration law in South Carolina, all employers are required to verify the legal status of employees using the federal E-verify database, a South Carolina driver's license of a state issued ID. A driver's license from a state with license requirements at least as strict as South Carolina's is also acceptable, according to a report by Greenville Online. For employers who don't play by the rules, the law does allow a 72-hour grace period on the first offense, during which time the employer can correct the violation and avoid the fine of up to $1,000 per illegal worker for non-compliance. The law also creates an "employer license" that can be suspended on the first two offenses and revoked on the third offense if an employer knowingly hires illegal immigrants. The penalties for employers take effect in 2009 for larger employers and in 2010 for smaller businesses. South Carolina's new immigration law also includes provisions that will require legal immigration status in order for anyone over 18 years old to receive state benefits and federal benefits administered by the states, and will restrict the possession of firearms to legal residents only.
Oklahoma's Illegal Immigration Law Blocked
Also on June 4, 2008, a federal judge blocked parts of Oklahoma's illegal immigration law with a warning that the measures are probably unconstitutional. The Associated Press reported that U.S. District Judge Robin J. Cauthron issued a preliminary injunction that prohibits the enforcement of parts of the law that penalizes employers for failure to comply with a federal employee verification system. Judge Cauthron's decision was based on a lawsuit filed by the U.S. Chamber of Commerce, the Oklahoma Chamber and other business groups that alleged that the electronic employee verification system is voluntary under federal law. Oklahoma's immigration law took effect in November 2007, but the controversial employer provisions were not set to take effect until July 1, 2008. The Oklahoman reported on June 26, 2008 that Oklahoma state officials are appealing Judge Cauthron's decision to block parts of House Bill 1804.
Immigration Legislation Updates for June 5, 2008
North Carolina Legislators Consider College Admissions
A new bill in the North Carolina General Assembly could mean easier college admissions for illegal immigrants. The proposed bill in North Carolina would prohibit University of North Carolina and the North Carolina Community College System from considering applicants' immigration status during the admissions process. The North Carolina Community College system has implemented a new policy disallowing illegal immigrants from acceptance into degree programs. According to a report by the Daily Tar Heel, the policy was made after receiving legal advice from the North Carolina Attorney General's Office. If the bill passes and is signed into law, the community college system would once again accept illegal immigrants but will charge them out-of-state tuition.
Louisiana Lawmakers Put off Vote on Illegal Immigration Bills
The Associated Press has reported that a state Senate committee in Louisiana has delayed voting on a set of anti-illegal immigration bills while language changes are made to the test of the proposals. At the center of the cluster of immigration bills is a bill that would make it a crime to knowingly transport illegal immigrants into the state. Lawmakers are concerned about how to make such a law enforceable without penalizing churches and humanitarian groups that provide aid to immigrants without questioning their legal status.
Judge's Order Halts Enforcement of Oklahoma Immigration Law
A federal judge in Oklahoma has issued a preliminary injunction against the enforcement of phase-two of an immigration law that would penalize employers who allow illegal immigrants to work in the United States. In addition to the injunction, the Oklahoma immigration law faces a lawsuit claiming that all of House Bill 1804 is unconstitutional. Oklahoma's House Bill 1804 has been called the toughest immigration reform bill in the country and many employers are relieved that a federal judge will be examining the constitutionality of the law. The National Chamber of Commerce says last year alone, 240 employer-related immigration bills were introduced in 45 states calling for comprehensive immigration reform at the federal level, according to a report by Fox23 News.
Missouri Lawmakers Pass Immigration Bill
Legislators in Missouri passed a broad immigration bill that includes several anti-illegal immigration provisions with measures to crack down on employers who allow illegal immigrants to work. The bill penalizes employers who classify workers as independent contractors to avoid paying taxes, but lawmakers removed language in the bill that provided penalties for repeat offenders and employers who conspire with workers on the offense and the provision that would have allowed the attorney general to halt work on a construction site where violations have occurred. The St. Louis Post-Dispatch reported that the bill would also repeal business licenses for employers that knowingly hire illegal immigrants. Businesses would be exempt from the penalty if they enroll in a federal work authorization program, known as E-Verify.
South Carolina Immigration Bill Impacts Communities
The Morris News Service reported that the anti-illegal immigration bill in South Carolina is already affecting the business at Mexican restaurants as members of the Hispanic communities in the state prepare for the anti-illegal legislation to become law. Many immigrants are saving their money in fear of losing their jobs because the bill will require employers to check all new employees' legal immigration status using either the E-Verify federal database, a South Carolina driver's license or ID or a driver's license or ID from a state with similar eligibility requirements. Existing employees would also be targeted. If the state Department of Labor, Licensing and Regulation has evidence that a worker is an illegal immigrant and the employer is aware of it, the business could lose its operating license according to an Augusta Chronicle report.