State and Local Legislation Bulletin
Sharma Hammond, Esq., Editor · Issue 6, September 2007

In this Issue:
Behind the Headlines
New Bills
Bills to Watch Promoting Illegal Immigration
New or Existing Local Legislation
IRLI Tip of the Month

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Behind the Headlines

Illinois HB 1744 Lawsuit
HB 1744, which was enacted into law in August and featured in the IRLI August Legislation Bulletin, essentially bars Illinois employers from registering with the E-verify program (a.k.a. Basic Pilot Program) until the U.S. Department of Homeland Security (DHS) can establish that the system operates at a 99% reliability level. IRLI believes this Illinois law is preempted by federal immigration law. Apparently DHS now has reached the same conclusion. On September 24, 2007, DHS filed suit against Illinois for enacting this law. Michael Chertoff, Secretary for DHS, stated that the suit was filed because making it illegal to comply with federal law is not acceptable.

Although the E-verify program is not mandatory, DHS stated in its complaint that preventing employers from using this system ultimately hinders the continued use of this program to verify lawful status of one's employees. This complaint goes on to state that the Illinois law conflicts with the expressed clear intent of Congress to encourage the expansion and use of this E-verify program. The effectiveness of the E-verify program depends on the ability of employers to participate. In addition, the Illinois law is attempting to indirectly regulate the U.S. Government by imposing state standards on a federal program, which is impermissible. See link above for a copy of the Complaint.

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New Bills

Ohio HB 308
HB 308 was introduced on September 11th, and is similar to the OK HB 1804. HB 308 includes provisions targeting the transporting of illegal aliens; permits law enforcement to verify lawful status when an individual is charged with a felony; requires employers to verify lawful status of employees; and would prohibit illegal aliens from receiving driver's licenses and public benefits. Also, this bill includes a provision which would grant only lawful residents of Ohio in-state tuition and state subsidies. Please see May legislation bulletin for details on OK HB 1804.

Michigan HB 5211
HB 5211 was introduced on September 15th and creates the Sanctuary Policy Prohibition Act. This bill would prohibit local governments from preventing their employees from contacting federal immigration officials and permit officers to report illegal aliens to the Immigration and Customs Enforcement (ICE).

Florida SB 124
SB 124 was prefiled on September 6th. The bill provides that all owners renewing an agriculture license shall ensure they are not employing illegal aliens and violating federal immigration law. A landowner who is employing unauthorized aliens shall be fined $25,000 in civil violations. As mentioned in earlier legislation bulletins, IRLI believes that state civil or criminal sanctions are preempted (or overridden) by federal law under 8 U.S.C. §1324(a)(h)(2).

Florida HB 107
HB 107 was prefiled on September 5th. This bill would enhance the penalties for knowingly smuggling illegal aliens into the United States, classifying this crime as a third degree felony. This bill does not include the smuggling language provided for in federal immigration law. IRLI believes it is prudent to utilize the exact language from federal immigration statutes, to minimize the risk of a legal challenge on preemption grounds.

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Bills to Watch Promoting Illegal Immigration

California AB 976
AB 976 (featured in the May Legislation Bulletin) passed the Senate, after passing the Assembly earlier in the year. The bill would prohibit a city, county, or city and 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 violates both federal immigration and fair housing laws.

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New or Existing Local Legislation

Aiken County, South Carolina
By majority vote in mid September the Aiken County Council enacted an ordinance that would prohibit county funded agencies from employing unauthorized aliens. IRLI has not seen a copy of this Ordinance as of yet, but believes that generally speaking, this is a step in the right direction since state and local governments can no longer wait for federal officials to uphold federal immigration laws. Please see the June Legislation Bulletin for details on what state and local governments can do to target illegal immigration.

Anchorage, Alaska
Assemblyman Bauer introduced IRLI's draft model ordinance pertaining to local law enforcement on September 11th. This ordinance creates a 287g cooperative agreement between local law enforcement and the U.S. Department of Homeland Security. Local law enforcement must inquire into a person's citizenship status and report an illegal alien to the proper federal immigration officials. Please see the August Legislation Bulletin for further details on a 287g agreement.

San Francisco, California
Supervisor Tom Ammiano introduced an ordinance mid September that would give illegal aliens and identification card. This card could be used to obtain health care and city benefits. San Francisco has been known to be a sanctuary city or a city that prohibits the enforcement of federal immigration laws. IRLI believes this ordinance will only encourage further illegal immigrants to settle in San Francisco and is a violation of federal immigration laws.

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IRLI Tip of the Month:

Employment Discrimination
It is entirely false to allege that "illegal immigrants only do the jobs U.S. citizens won't do." Thousands of U.S. citizens have experienced unlawful employment discrimination. Employment discrimination based on a person's citizenship status is prohibited by federal law. 8 U.S.C. §1324b.

IRLI provides representation for U.S. citizens in employment discrimination cases and we receive numerous calls about legal workers losing their jobs to illegal aliens. Greedy employers would rather get away with paying an employee a poverty wage, without benefits, knowing that this person is helpless to complain (for fear of deportation) than pay a higher wage (with benefits) to a legal worker.

The Immigration and Reform Control Act (IRCA) provides that employment discrimination has occurred if a U.S. citizen is fired for threatening to file a complaint against the employer for violation of federal immigration laws (for example, knowingly hiring unauthorized aliens). 8 U.S.C. §1324b. Also, discrimination can occur if a U.S. citizen endures different hiring procedures than an unauthorized alien (for example, the unauthorized alien doesn't need to comply with I-9 requirements like the other employees).

If you are a U.S. worker who has experienced immigration related employment discrimination, please contact IRLI.