State and Local Legislation Bulletin
Sharma Hammond, Esq., Editor · Issue 8, November 2007

In this Issue:
Behind the Headlines
New Bills
IRLI Tip of the Month

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Behind the Headlines

Governor Spitzer's Driver's License Plan
New York's Governor Spitzer abandoned his proposal to give illegal aliens a driver's license, making this announcement on November 14, 2007 (see article). Apparently, Governor Spitzer was not prepared for the overwhelming opposition to this proposition. Over 70% of New Yorkers opposed this plan as well as numerous legislators (see October Legislation Bulletin for further details).

Oklahoma HB 1804 Copies
HB 1804 has become the model for legislation tackling illegal immigration issues. To recap, HB 1804 is the comprehensive bill targeting illegal immigration matters which was enacted into law in May of 2007 (see May Legislation Bulletin for further details). This bill incorporated the most successful provisions of prior measures which had survived a legal challenge. The primary focus of HB 1804 is the protection of US workers and identity document security, rather than restriction of public services, which gave it bipartisan support.

Other states are now following suit and recognizing the need to pass legislation to deal with the increasing illegal immigration problems in their states. Utah Senators are gearing up to introduce an Oklahoma type bill in 2008 (see article). Kansas lawmakers are drafting a similar bill as well (see article).

Since IRLI assisted in drafting HB 1804, numerous other states are seeking IRLI's aid in drafting these similar bills. State legislators should contact IRLI for assistance in drafting a similar bill since it would need to be tailored to specifically suit each state.

San Francisco ID Card Ordinance
The Board of Supervisors preliminarily approved a measure on November 13th, which would essentially give illegal aliens a city identification card (see article). Supervisor Ammiano, who introduced this measure, stated that this is an important safety measure so that illegal aliens can safely report crimes.

This ordinance expressly targets "undocumented" immigrants (a.k.a. illegal aliens) and claims it would make it easier for them to get bank accounts and other city services. Supervisor Ammiano claims this ordinance will encourage "immigrants" to report crimes (see Ordinance).

The Board of Supervisors gave its final approval to this ordinance on November 20th after holding a public hearing. Currently, this ordinance is awaiting Mayor Newsom's signature.

This ordinance exemplifies a city's blatant violation of federal immigration laws since it is encouraging, harboring and aiding illegal aliens. This ordinance is also an impermissible and illegal use of public funds and will have adverse impacts on the environment by encouraging an influx of illegal aliens into the area, causing an increase in population growth and in turn creating more demand for the limited resources, and causing increased traffic congestion and pollution.

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New Bills

Kentucky HB 97
HB 97 was prefiled at the end of November. HB 97 would require the state police to enter into a 287(g) agreement. This type of agreement is authorized pursuant to 8 U.S.C. §1354(g) (see July Legislation Bulletin for further details).

Maryland SB 33
SB 33 was introduced in the General Assembly on November 5, 2007. SB 33 prohibits state agencies from giving driver's licenses and benefits to illegal aliens. IRLI believes this a necessary step because driver's licenses obtained in one state can be used to travel across other states.

New Jersey AB 4561
AB 4561 mandates that the Attorney General enter a Memorandum of Understanding (MOU) with the U.S. Department of Homeland Security (DHS) permitting local officers to enforce federal immigration law. This type of agreement is also known as a 287(g) agreement — see details under Kentucky HB 97.

New Jersey SCR 149/ACR 243
SCR 149 and ACR 243 express the legislature's opposition to Governor Spitzer's proposal to give driver's licenses to illegal aliens. As discussed above, Governor Spitzer recently withdrew this proposal.

Ohio SB 260
SB 260 provides that any board of county supervisors may direct a sheriff to take custody of individuals charged with civil violations of federal immigration laws. This bill also permits state and local employees to render assistance to federal immigration authorities. This bill is in accordance with 8 U.S.C. §1373(a), which prohibits any state official from restricting any government official from sending information to the Immigration and Customs Enforcement (ICE) office within DHS.

Wisconsin AB 569
AB 569 was introduced in early November. This bill prohibits counties and localities from enacting an ordinance prohibiting public employees from calling ICE when illegal aliens apply for public benefits. This bill is also in accordance with 8 U.S.C. §1373(a) — see details under Ohio SB 260.

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IRLI Tip of the Month:

Unfair Competition

Companies that employ illegal aliens are unfairly competing with similar companies that abide by the law. Under federal law there is no unfair competition statute per se.

However, most states have their own unfair competition statute. For example, in California unfair competition includes unlawful, unfair or fraudulent business practice. Cal. Bus. and Prof. Code §17200, et seq. An unlawful business activity is anything that can properly be called a business practice and is unlawful at the same time. Hiring and employing illegal aliens is a business practice and at the same time it violates federal immigration law. See 8 U.S.C. §1324a.

In an action based on unfair competition, employers have a duty of fair dealing. The companies that employ unauthorized aliens are able to expend less money because they are paying these illegal workers a poverty wage. On the other hand, a law abiding company producing the same goods or product that employs legal workers disburses more money in order to pay employees a decent, competitive wage. Essentially, the company clearly violating the law is unfairly making a larger profit than the company which abides by the law. Thus, scofflaw companies that blatantly employ unauthorized aliens and violate federal law are illegally and unfairly competing with those complying with federal laws.

Please contact IRLI if your company is suffering due to this type of unfair competition.