March 11, 2008
Immigration Enforcement in the Workplace Comes Under Fire
Immigration-employment laws, including E-Verify, challenged in court
DENVER - State lawmakers considered more than 1,500 bills related to immigration in 2007, ultimately enacting 240 laws. Employment is a major concern for state lawmakers, with 20 states enacting laws focused on both workers and employers. The National Conference of State Legislatures expects similar levels of interest in immigration legislation in 2008.
"In the absence of a federal solution, states continue to craft a variety of legislative responses related to immigrants and immigration," said Ann Morse, Program Director of the Immigrant Policy Project. "So far this year, state legislatures have introduced more than 600 bills, addressing the workplace and other policy arenas."
In a new brief released this month, NCSL takes a closer look at federal and state activities in the employment arena. A 1986 federal law, the Immigration Reform and Control Act (IRCA), prohibits employers from hiring unauthorized workers and requires them to verify the identity and work authorization of newly hired employees. IRCA imposes federal civil or criminal sanctions and preempts states from doing so, "other than through licensing and similar laws" on those who hire unauthorized immigrants. The federal government later established E-Verify, a voluntary Internet-based pilot program to help verify the work authorization of new hires.
"States are trying to find creative ways to act within federal parameters and the preemption provision of IRCA, such as prohibitions on state government contracts, denying state tax credits and addressing the use of E-Verify," said Morse, who co-wrote the LegisBrief.
States are being sued on the use of E-Verify, a voluntary Internet-based program to help employers check identity and work status. Arizona and Oklahoma, which mandate its use, and Illinois, which prohibits its use, are being challenged on constitutional grounds.
This brief on immigration enforcement in the workplace explains the E-Verify system, highlights state legislation in 2007 that addresses both workers and employers, and reviews the laws challenged in court. This document is free to members of the media. To obtain a copy, contact NCSL's press room.
NCSL is the bipartisan organization that serves the legislators and staff of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.
###
|
