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9/29/07Pennsylvania State Republican lawmakers are working to introduce immigration legislation designed to crack down on illegal immigrants and the businesses that hire them, citing a report that shows a higher crime rate amongst illegal aliens. The first measure would authorize the state police to enforce immigration laws. It would call for a “memorandum of understanding” with the United States Immigration and Customs Enforcement Agency. The second measure would require all state employers to use E-Verify to help ensure that their workers are legally eligible to work in the United States. Businesses that knowingly hire undocumented workers could lose their business license. Lancaster Online.Com
Arizona Chicanos Por La Causa and Somos America, both Hispanic Advocacy Groups, have filed suit against the State of Arizona, arguing that Arizona’s Employer Sanction law unfairly impacts legal workers, violates due process, and infringes on federal law. The groups are represented by attorneys from MALDEF, the Arizona chapter of the ACLU, and the National Immigration Law Center. Smith & Garg, LLC
More Arizona News The federal government, according to the Arizona Republic, has added a feature that allows employers to compare photos on green cards and work authorization cards with those in a government database when the employer uses E-Verify. The State of Arizona will require all employers to use E-Verify starting on January 1,2008. The Arizona Republic
Oklahoma The Latin American and Hispanic Affairs Advisory is sending a letter to Governor Brad Henry which argues that Oklahoma’s immigration law supersedes federal law and is therefore unconstitutional. The law makes it a felony to transport, conceal, or house illegal aliens and is scheduled to go into effect on November 1. KTEN 10
National The Houston Chronicle reports that the Dream Act is off the table, at least for the foreseeable future. Senator Dick Durbin, Democrat- Illinois, conceded that he is unable to overcome Republican opposition to the measure. The Houston Chronicle
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9/27/07National The Bush administration, as part of its overall strategy of enforcing the nation’s immigration laws, announced that the Justice Department is suing the State of Illinois. The state has passed a law which prohibits businesses from using E-Verify until it can be demonstrated that the system is 99% accurate. The administration views this state law as a clear attempt to interfere with the enforcement of federal law. The Homeland Security secretary, Michal Chertoff, said that the federal government would vigorously oppose any efforts to hamper its enforcement measures. The New York Times
New Jersey The New York Times reports that Riverside, New Jersey, is joining a small but growing number of towns that are rethinking their immigration ordinances. Riverside’s Ordinance, which was recently rescinded, would have penalized businesses that hired illegal aliens or landlords that rented to them. It was intended to address the perceived problems associated with illegal immigration: noise, traffic, crime, and an increase in social spending, including education. What the city did not anticipate, according to the mayor, was the loss of business. Business is down; and many businesses have closed. “I didn’t think people knew that there would be such an economic burden,” the mayor commented. The cost of defending against lawsuits has affected the town financially. The town has delayed road paving projects and has been unable to repair City Hall. The possibility of having to pay the plaintiffs’ legal cost in a law suit may also have influenced the town’s decision to abandon its crackdown against illegal aliens. The New York Times
Virginia The Virginia Commission on Immigration conducted its first meeting Tuesday. The commission is beginning a detailed investigation to analyze the costs and benefits of immigration to the Commonwealth. The Star Exponent
Arizona The State of Arizona may be sending illegal immigrants, what the Arizona Republic calls, an odd message: open your own business. The state doesn’t check the status of people who apply for a business license. With Arizona’s tough new law that will require businesses to participate in E-Verify by January, it might be easier for illegal aliens to start their own business rather than seeking employment. The Arizona Republic
New York Bob King, a farm industry expert at Monroe Community College, says that farmers are looking at a chronic labor shortage. With increasing enforcement efforts in the state and new regulations on no-match letters, farmers are hard pressed to get their crops harvested. One farmer said that living in this country reminds him of life in Germany when the Nazis were in power; he was no doubt referring to immigration raids conducted by ICE. WHEC TV NBC
Florida The City of Naples now requires contractors who do business with the city to agree to hire only legal workers. This language is included within the contract. The contract asks that all consultants and contractors keep employee records on file and ready to be inspected with 24 hours notice. Naples New.Com
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9/24/07Nebraska The owner of Cloudburst Lawn and Sprinkler Systems, Inc., David E. Wortman, and the company itself have been charged in a fifteen count federal indictment that resulted from an immigration raid back in early September in which 19 suspected illegal immigrants were detained. The owner and the business have been charged with seven counts of illegally transporting undocumented aliens for commercial and private gain using company vehicles. The owner and company have also been charged with an additional seven counts of encouraging illegal aliens to live in the United States by offering them employment for financial gain and an additional count of making false statements to the Department of Labor about the number of hours that employees worked. It is alleged that the owner wrote numerous checks to a nonexistent company called Ramirez Lawns in order to pay his illegal workforce. Mr. Wortman may get up to 10 years in prison and over $250,000 in fines; the company could be fined over $500,000 as well. It is clear that as the federal government more vigorously enforces immigration law and that the penalties for violating it significantly exceed a slap on the wrist. The Grand Island Independent
National The Senate Majority Whip, Dick Durbin, is hoping to make the Dream Act a little more palatable to some skeptical Republicans by imposing an age limit of 30 and not requiring states to offer in-state-tuition to illegal aliens. The ostensible purpose of the act is to allow those who arrived in United States before the age of 16 and completed high school to become conditional residents of the United States. These illegal immigrant children did not knowingly enter the United States and should not presumably be held accountable for their parents’ actions. If those who are eligible complete two years of college or 2 years of military service, they could receive permanent residence in six years.The Houston Chronicle
National Bucking the national trend, Governor Eliot Spitzer of New York announced that the state will no longer require applicants for a driver’s license to demonstrate that they are legally in the U.S. A valid passport will now suffice as ID. The governor said that the DMV is not immigration and that allowing immigrants to have licenses will improve traffic safety and lower insurance costs. The New York Times
Wisconsin The Brown County Board passed an ordinance last Wednesday which will give the county the authority to revoke the business licenses of county businesses that hire illegal immigrants. WBAY ABC 2
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9/20/07New Jersey Riverside Township decided to formally rescind its immigration ordinance Monday. The ordinance would have penalized those who rent to or hire illegal immigrants. A federal judge has already ruled that a similar ordinance passed in Hazleton, Pennsylvania, is unconstitutional. Reuters
Texas Twelve undocumented immigrants were discovered working at Fort Bliss, an army post near El Paso, by military police on Friday. Military police responded to a tip and checked the IDs of approximately 335 workers. The 12 illegal workers were employed by a subcontractor working for Balfour Beatty, a landscaping company that does landscaping work for the post. The twelve suspected illegal aliens were turned over to ICE. The Houston Chronicle
Wisconsin The Brown County Board is considering passing an ordinance that would require all businesses licensed in the county or that do business with the county to participate in E-Verify to help ensure that their workers are legal. Members of the board acknowledge that the proposed ordinance has no teeth but would like it on the books. The board is also considering a measuring calling on the federal government to enforce immigration law. The Green Bay Press Gazette
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9/19/07National It is possible that Senate Democrats may attach the Dream Act to the defense spending bill in order to get it through congress. The Dream Act would allow illegal aliens who arrived before the age of 16 and graduated from high school in the United States to become legal and be on a path to citizenship. The Senate may also revisit the issue of expanding and streamlining current guest worker programs especially for agricultural interests.
Oklahoma The owner of Billy Cook Harness and Saddle Inc., Billy Cook, pleaded guilty on Tuesday to a felony charge of furnishing false information about his employees to the commissioner of Social Security. ICE raided the Billy Cook Harness and Saddle Factory in August of 2006 arresting 51 workers who were suspected of being in the country illegally. “Agents also discovered that Billy Cook Harness and Saddle Inc. had failed to create and maintain mandatory immigration forms (I9) on each of the employees.” The American Conservative Daily
Montana United States Border Patrol agents apprehended 11 Mexicans suspected of working illegally in the U.S. in Billings, Montana. The seven men, who were spotted getting out of a minivan with out-of-state tags, were picked up outside a Golden Corral restaurant. The men said that they were working on a construction crew working on a new medical site in the area. The agents subsequently arrested a second group of four men who worked as part of a painting crew. The Billings Gazette
South Carolina Aiken County is working on an immigration ordinance that would require any vendors doing business with the county not to knowingly hire undocumented workers. Part of the ordinance would deny funding to any humanitarian organization that assists illegal aliens. “The limitations would only apply to organizations receiving ‘discretionary’ county funds.” The Aiken Standard.Com
Colorado The Rocky Mountain News reports that Colorado’s lawsuit, approved by voters in a referendum, to force the federal government to enforce immigration laws will likely meet its demise as early as next week. The Rocky Mountain News
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9/18/07Missouri Twenty people working at Continental Cement in Hannibal, Missouri, were arrested by state highway patrol officers last week on the suspicion of being illegal immigrants. The 20 workers were not employed by Continental Cement but by Schueck Steel of Little Rock, Ark. Officers were apparently responding to a complaint from a local legislator. The governor of Missouri had previously indicated that the state would do more to crack down on illegal immigration. The Quincy Herald Whig
Iowa Fifty one workers were arrested for being in the United States illegally on Wednesday at DeCoster Egg Farms in Wright County. A spokesperson for ICE said that it is too early to determine if charges will be filed against DeCoster Egg Farms for hiring illegal workers. Business Week
Ohio Twenty of the workers charged in the Koch Food raid are facing various state charges including identity fraud, tampering with official records, and forgery. Journal News
Oklahoma Five legislators have asked the state attorney general for a legal opinion about whether House Bill 1804, Oklahoma’s immigration law, is enforceable or might conflict with federal law in some instances. Tulsa World
Texas Senator John Cornyn heard complaints from farmers and ranchers at the Hilton Hotel in downtown Fort Worth. The farmers and ranchers say a shortage of labor is negatively affecting their operations and that they need a new guest worker program to meet labor demands. The senator said that it is very unlikely that we will see a new guest worker program anytime soon because it is difficult to reach an agreement in the legislature on such an emotional issue. One participant said that crops are not being harvested in Texas because of the shortage of labor. Another farmer added this comment.“Sir, I understand that security is a problem," said a thickly mustachioed member of the audience. "But right now the government is concentrating on [raiding] packing plants and, basically, agriculture and I don't believe any of the terrorists on 9-11 were working in packing plants or picking fruit.” The Star-Telegram
National CFO.Com reports that DHS and the Social Security Administration will not be sending out no-match letters until litigation about Homeland Security’s new rule that employers could be criminally and civilly liable for knowingly hiring undocumented workers if they fail to take appropriate action after receiving a no-match letter is resolved. A federal judge in San Francisco has temporarily prevented the rule from going into effect until the case is heard. Over 140,000 no-match letters had been scheduled to be mailed out this week. CFO.Com
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9/17/07National The House Immigration Subcommittee is holding hearings on the STRIVE Act, which is remarkable since it was defeated earlier this year in the Senate and could likely never be passed until after the election of 2008. The committee chairman was disappointed that the STRIVE Act, which would have strengthened the nation’s borders, created a guest worker program, and provided a road to citizenship for approximately 12 million undocumented aliens; failed to pass in the Senate earlier this year. According to the chair of the committee, details matter and the committee is working on the details now. With growing enforcement of immigration law and a patchwork of state and local laws on immigration, there is mounting pressing on the U.S. Congress to deal with the immigration crisis. The Orange County Register
The Social Security Administration warned in federal court last week that if it is not allowed to send out about 141,000 prewritten no-match letters, it will create “a vast bureaucratic logjam” which could delay the processing of millions of retirement and disability claims. A federal judge has temporarily suspended the mailing of such letters under certain conditions. The New York Times
Nebraska Immigration and Customs Enforcement Enforcement agents arrested 19 people Thursday who worked for Cloudburst Lawn and Sprinkler Company for being in the country illegally. The owner was charged with hiring illegal immigrants and paying them in cash to work for his company. KHAS TV Lincoln
Pennsylvania Philadelphia Councilman Briar J. O’Neill plans to introduce an ordinance that will require the city to check the immigration status of anyone who is arrested as a suspect in a felony case. The police would be required to notify ICE and the District Attorney’s Office if they believe that a suspect is not legally present in the United States. The Philadelphia Inquirer
Virginia The City of Manassas, located within Prince William County, is considering passing an immigration order similar to that of the county’s to discourage illegal aliens from living in the city. The city will examine other possible ordinances in order to crack down on illegal immigration. Potomac News
Manassas now requires contractors or subcontractors who want a business license , from Labor Day on, to meet new standards to verify their identity and legal status in the U.S. “Those contractors and subcontractors who want to do business in the city will need to provide one of 10 documents that establish both identity and residency status in the United States, or two of 16 documents that establish both identity and residency status. The requirements were taken from the I-9 form that employers use when hiring. That means in order to obtain a license, a contractor must provide two forms of identification such as a driver's license and Social Security card or a U.S. passport, a permanent resident card or unexpired foreign passport (or one of the seven others on the list of 10).” Potomac News
The Town of Herndon, a Washington D.C. suburb, has decided not to appeal a Fairfax County Circuit judge’s decision last week that declared that the town’s day laborer ordinance to be a violation of free speech. The judge’s decision continues to add to a number of decisions rendered by judges against immigration ordinances- for example, Hazleton, Pennsylvania. The Connection Newspapers
Alabama A commission created by the legislature to study the impact of immigration met in Montgomery for the first time last week. In the context of the U.S. Congress’s failure to pass immigration reform, there is strong political pressure on the state government to take action. The commission is going to study the impact of immigration on the state and make recommendations to the legislature. WSFA 12 (NBC Affiliate)
Illinois In a case which may demonstrate the difficulties for employers in complying with immigration law, a group of former Latino workers are taking WinCup Corporation to court. The workers content that they were unjustly fired based on assumptions about their legal status. “The suit alleges the company violated the federal Worker Adjustment and Retraining Notification, or WARN, Act by failing to provide the 60 days notice of termination required by law.” The workers argue that in mass layoffs Warn applies. The workers also say that they were not given any notice or reason for being fired. Chicago Daily Herald
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9/10/07Arizona Opponents of Arizona’s new immigration law that punishes employers who knowingly hire illegal aliens have introduced a new legal challenge to the law. The law requires mandatory participation in the federal government’s E-Verify Program, formerly called Basic Pilot. “Companies must register with federal officials to use the program. And that registration requires employers to sign a ‘memorandum of understanding’ that allows the U.S. Department of Homeland Security or its agents to visit the company, review records related to the E-Verify Program, interview workers and even inspect other employment records.” Opponents argue that this violates the fourth amendment’s right to protection against unreasonable search and seizure and that this protection is not just for criminal defendants but also for employers. Other arguments against the law include violations of due process and usurping the authority of the federal government to regulate immigration.The Arizona Republic
Virginia The town of Herndon, a Washington suburb, decided to close its day-laborer-center instead of complying with a judge’s order that determined that the center must be open to all residents legal or otherwise probably because an appeal of the judge’s decision could take months or years. The town had opened the center for day laborers to meet perspective employers in a designed area as an alternative to day laborers soliciting work informally in the street. The city has a law that restricts people from soliciting labor or soliciting day laborers on the street. Last year, a Reston man was ticketed for hiring a day laborer on the street and went to court to argue that such a fine was a violation of the first amendment- his right to free speech. Judge Leslie Alden ruled that the town’s anti-solicitation ordinance was indeed a violation of the first amendment and of the 14th amendment- the equal protection clause- as well. The Supreme Court, according to Alden, has ruled that the equal protection clause applies to noncitizens. The center must therefore be open to all people in the community regardless of immigration status. The Washington Post observes that ultimately the issue of state and local laws on immigration matters may be resolved by the courts and not the legislatures.The Washington Post
National The Strive Bill, Security Through Regularized Immigration and a Vibrant Economy Act, is not entirely dead. On Thursday, the House Subcommittee on Immigration, Citizenship, Refugees Border Security, and International Law began taking written statements from witnesses. The subcommittee is discussing the Strive Act and the possibility of increasing the H-1B visa cap. A bill however will probably not emerge until after the 2008 presidential election. Info World Computer World
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9/5/07National U.S. District Judge Maxine M. Chesney has ruled that DHS can’t start mailing notices to 140,000 U.S. employers that have employees with suspect social security numbers while she considers a case filed by the AFl-CIO the ACLU. The organizations maintain that the federal government’s plan could hurt legal residents and citizens and expose them to discrimination. “There are errors in the Social Security records of an estimated 12.7 million native-born U.S. citizens, 250,000 foreign-born citizens and 4.8 million legal immigrants, potentially creating a paralyzing bureaucratic nightmare for workers and Social Security offices if their records are dragged into the sweep, union representatives said.” “In recent years, the Social Security Administration has found that up to 10 percent of workers have suspect numbers, whether because of fraud, innocent typographical errors, confusion over name changes, multiple surnames or other reasons. Under the DHS proposal, starting Sept. 14 employers would have 90 days to resolve questions concerning such employees' identities or to fire them. If they do not comply, businesses face the possibility of fines and even criminal penalties for knowingly violating federal law that bars employing illegal workers.” The Washington Post
Virginia Last week, Judge Leslie M. Alden, a Fairfax County Circuit Board judge, ruled that Herndon’s law that forbids employers from soliciting day laborers at any location other than a designated center to be unconstitutional. Critics of day laborer ordinances which restrict where employers can solicit day laborers or where day laborers can solicit work argue that such ordinances constitute a violation of freedom of speech. Examiner.Com Washington D.C.
Arizona In a presentation focused on complying with immigration law, Benjamin Graff, an attorney with Lewis and Roca, explained what he views as a Catch-22 in Arizona’s immigration law. Starting on January 1, all businesses will be required to use E-Verify. However, in order to use E-Verify, a business must agree not to pre-screen applicants or back-check previously hired employees. A violation of this agreement could result in a business not being permitted to use E-Verify. Yet, its use will be mandatory in Arizona starting on January 1. An employer must first hire an employee and then use E-Verify within 3 business days. Businesses then could be told after the fact that they had violated the law. Lawyers at the presentation advised businesses to carefully audit their I-9’s, decide when to start using E-Verify, develop an immigration compliance plan, and get educated on compliance.Arizona Business
A group of Arizona business groups is trying to get a federal court to hear their case against the state’s new immigration in October and to rule on the matter before January 1 before the law goes into effect and to give them time to appeal if necessary. The group includes the Arizona Employers for Immigration Reform, the Arizona Contractors Association, the Arizona Restaurant & Hospitality Association, the U.S. Chamber of Commerce and other business groups. The group argues that it is already against federal law to hire an illegal immigrant. The Business Journal- Phoenix
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9/4/07Ohio Last week, ICE, joined by Fairfield Police and Butler County Sheriff’s Deputies, raided a Koch Foods’ chicken plant in Fairfield questioning over 180 people and arresting approximately 160 on charges falsifying documents, federal ID theft, fraud, illegal reentry into the U.S., or immigration violations. Koch issued a statement saying that it is fully cooperating with federal investigators and that it requires all its employees to submit documentation to demonstrate that they are legally eligible to work in the United States. Koch foods says that it is going to participate in the federal government’s E-Verify program to help ensure that all its workers are fully documented and eligible to work. Koch has been under investigation for the last 2 years for possibly knowingly hiring and harboring illegal workers. According to the Statesman’s Journal (Oregon), the company could lose $100,000 worth of chicken because there is no one to package it. The company had about 600 employees working at the packaging plant. The Cincinnati Post Reuters
The owner of Bee’s Buffet in Fairfield, Jing Fei Jiang, who had pleaded guilty to one count of inducing, one count of harboring, and one count transporting an illegal alien in January, was sentenced to one year and one day in prison. “He was also fined $3,000 and ordered to either forfeit the restaurant property to the United States or raise $100,000 within 30 days in lieu of forfeiture. In addition, Jiang, who is in the United States illegally as well, faces deportation after serving his sentence.” The Business Courier
National According to the Washington Times, 1000 ICE agents will be exclusively assigned to customs. This would reduce the number of ICE agents dedicated to apprehending illegal aliens to 4000. “Resources and manpower, however, are scarce, ICE agents say.” "They're just not there," said Jim Brown, a spokesman for American Federation of Government Employees. "Again, the bottom line is our folks are going to work this to the best of their ability, but the agency is leaving us short by not providing staff and resources. I don't think our members will be able to carry out that mission. Eventually, something is going to give." The Washington Times
Georgia The city of Marietta announced Tuesday that is now participating in E-Verify to help ensure that newly hired city employees are legally eligible to work in the United States. City officials indicated that they are trying to comply with requirements of the Georgia Security and Immigration Compliance Act. AJC.com