State and Local Legislation Bulletin
Sharma Hammond, Esq., Editor · Issue 3, June 2007

In this Issue:
Latest Advances in State Reform Legislation
Bills to Watch
New or Existing Local Legislation
New Bills
Other Bills to Watch Encouraging
Illegal Immigration
IRLI Tip of the Month

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Latest Advances in State Reform Legislation

Tennessee SB 903
SB 903 was signed by Governor Bredesen in late May. This bill provides that employers shall not accept an individual tax identification number (ITIN) to prove immigration status. Many illegal aliens apply for tax identification numbers even though their presence is unlawful. The IRS has declared that ITINs may only be used to file tax returns, but has testified to Congress that it lacks authority to stop unlawful ITIN use. Like foreign "consular cards," a person who presents an ITIN without also presenting a federal immigration document is almost always an illegal alien.

Nevada AB 383
AB 383 was signed by Governor Gibbons on June 2nd. This bill provides administrative fines for those business licensees that are found to employ illegal aliens. This bill also requires verification of an employee's social security number.

Texas HB 1196
HB 1196 was signed by Governor Perry on June 15th. This bill stipulates that in order for a company to receive public subsidies they must certify that they do not knowingly employ an illegal alien. If the company is found to have violated this law, the company must repay the monies received.

Arizona HB 2779
HB 2779 passed both houses on June 20th and is awaiting Governor Napolitano's signature. This bill was sponsored by Representative Pearce and the bill sanctions employers who hire illegal aliens.

South Carolina SB 776
SB 776 was introduced in late May. This bill would enact the Illegal Immigration Identity and Fraud Prevention Act which relates to the verification of a person's lawful presence in the United States. This bill would require that every agency or political subdivision of this state verify the lawful presence in the United States of any natural person applying for benefits. Verification would be conducted using the Systematic Alien Verification for Entitlement (SAVE) program operated by the Department of Homeland Security.

Tennessee HB 729
HB 729 passed the Senate on June 12th and is now awaiting Governor Bredesen's signature. This bill creates criminal offenses for those employing illegal aliens.

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Bills to Watch

Tennessee SB 1348
SB 1348 passed the Senate in late May. This bill criminalizes providing false documentation of U. S. citizenship for the purpose of obtaining benefits. This act would be classified as a Class E Felony.

New York SB 81
SB 81 passed the Senate on June 4th, and is now on its way to the Assembly. This bill criminalizes providing false or fraudulent citizenship documentation, classifying these acts as Class E and D felonies. IRLI believes that state laws criminalizing false claims of U.S. citizenship are important to ensure that civil rights of citizens are not damaged by overly broad immigration enforcement or national security measures which impose "equal" documentation burdens on citizens and aliens alike. Many open border advocates seek to degrade the rights and privileges of citizenship by blurring the fundamental distinctions between citizen and non-citizens in American law. Only aliens may be required to carry documentation at all time. Wherever possible, state measures should permit Americans to attest to citizenship, with later verification permitted if reasonable cause exists to suspect fraud.

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New or Existing Local Legislation

Green Bay, Wisconsin
Green Bay enacted an ordinance in late June entitled "The City of Green Bay Citizen and Legal Immigrant Protection Act." This ordinance provides that no city license shall be issued to unauthorized aliens or employers that employ unauthorized aliens.

Prince William County, Virginia
An ordinance was introduced by the Board of County Supervisors on June 26th. IRLI aided in drafting this ordinance which provides for a 287g agreement (from the Immigration and Nationality Act) where local law enforcement will begin to cooperate and enforce federal immigration laws. In addition, this ordinance provides for verification of legal status for federal and local benefits.

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New Bills

Delaware SB 132
SB 132 was introduced on June 13th. This bill provides that contractors receiving public funds shall comply with the Immigration Reform and Control Act §1324a. This provision prohibits employment of illegal aliens.

Pennsylvania HB 1459
HB 1459 was introduced on June 1st by Representative DeLuca. This bill sanctions employers who hire illegal aliens.

New Jersey SB 2802
SB 2802 was introduced by Senator Connors on June 7th. This bill would bar companies who hire illegal aliens from receiving state contracts or tax incentives for 7 years.

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Other Bills to Watch Encouraging
Illegal Immigration

California AB976
AB 976 passed the Assembly and is currently on its third reading in the Senate. This bill would prohibit a city and/or county from requiring a landlord to, among other things, compile, disclose report, provide, or otherwise take any action regarding a tenant or a prospective tenant based on the immigration or citizenship status of that tenant. IRLI believes AB 976 is unconstitutional and violates federal immigration and fair housing laws.

Connecticut HB 5656
HB 5656 passed the Senate in early June after passing the House in mid May. Governor Rell vetoed this bill on June 26th. This bill would have provided in-state tuition to persons without legal status that simply filed an affidavit that they would at some time in the future file an application to become legal. In essence, the bill would have given in-state tuition to illegal aliens that might never have been eligible for legal status. IRLI believes this bill clearly violated the Illegal Immigration Reform and Immigrant Responsibility Act §505 (8 USC 1623) which proscribes providing in-state tuition to illegal aliens without also extending this benefit to out of state citizens.

Illinois HB 1743
HB 1743 passed both houses and is now awaiting signature by Governor Blagojevich. This bill prohibits employers from discriminating against an employee based on their citizenship status. IRLI believes that although this bill provides an employer an exemption if they properly comply with the Basic Pilot Program, it is intended to unlawfully intimidate employers who might consider enrolling in this key federal program.

New York AB 9078
AB 9078 was introduced on June 12th. This bill would expend public monies and provide grants and legal services to all immigrants, irrespective of legal status. Essentially, public funds would be devoted to providing benefits and legal services for illegal aliens. IRLI believes that AB 9078 is expressly preempted by 8 U.S.C. §1621 which requires lawful status in order for an individual to receive state/local benefits.

Texas HCR 281
HCR 281 was introduced at the end of May. This bill requires that illegal aliens shall now be called "undocumented workers." IRLI believes this would be preempted by federal law, which requires state immigration-related legislation to use the exact classification terminology enacted in federal immigration and nationality law. "Illegal alien" and "alien not lawfully present in the United States" and — in the employment context — "unauthorized alien worker" are federal statutory terms; "undocumented worker" is a political euphemism and is discriminatory if used in most state statutes.

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IRLI Tip of the Month:

Writing Good Legislation

Legislators need to be aware that states (and local governments) cannot criminally or civilly sanction employers for hiring or employing unauthorized alien workers. This is expressly preempted (or overridden by federal law) in 8 U.S.C. ¤1324(a)(h)(2). However, punishing these employers that violate the law by denying/revoking companies a business license as well as removing any tax incentives is permitted and not preempted under federal law. Criminal and civil sanctions against the aliens themselves are permissible, as are laws creating private rights of action for citizens and legal entities against scofflaw employers.

In addition, federal law permits states to enact measures allowing employers to prefer U.S. citizen and legal permanent immigrant workers over illegal aliens and most classes of temporary non-immigrants. These measures must be carefully constructed to ensure full compatibility with civil rights protections. IRLI can assist in developing state and local U.S. worker protection legislation.