Illegal worker bill decried - News

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May. 15, 2007
Copyright © Las Vegas Review-Journal

Illegal worker bill decried

ACLU, others say measure would not be evenly applied

By ED VOGEL
REVIEW-JOURNAL CAPITAL BUREAU

CARSON CITY -- Even if the Legislature passed a law that authorized the state to pull the licenses of casinos that hire illegal immigrants, it wouldn't happen, an American Civil Liberties Union leader testified Monday.

ACLU state director Gary Peck predicted state officials would never terminate licenses of "major developers or gaming properties" that hire illegal immigrants, but instead punish "vulnerable companies" that have no political power.

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"If this bill is passed in its current form, it is not going to be enforced in an even-handed way," Peck said.

He joined Fernando Romero, president of Hispanics in Politics, in asking the Senate Judiciary Committee to kill Assembly Bill 383.

The proposal, which passed the Assembly 42-0, includes a provision to allow the state Tax Commission to pull the licenses of companies that "willfully, flagrantly or otherwise egregiously" hire illegal immigrants.

But the bill contains a provision that prevents the commission from doing anything until the U.S. Attorney General has made a "final decision" on whether the company has hired illegal immigrants in violation of federal law.

Romero told the committee to reject the bill and wait for Congress to take additional actions on the illegal immigration problem. He added hearings are scheduled for this week.

"I thought immigration was a federal issue," Romero said. "It saddens me to note we are placing the state of Nevada in harm's way."

Judiciary Chairman Mark Amodei, R-Carson City, took no immediate action on the bill.

He asked a staff lawyer to furnish committee members copies of the federal law on hiring illegal immigrants that is mentioned in AB383. Amodei said the committee could act upon the matter today during a work session.

Federal law spells out how it is illegal for a company to willfully hire an "unauthorized alien." The law specifies $1,000 to $3,000 fines for each violation and steps for the attorney general to take in enforcing the law.

"There is a debate about to ensue in Congress," Peck said. "It seems terribly ill advised to push forward at this time."

But David Schumann, a lobbyist for the Nevada Committee for Full Statehood, said states do not have to wait for Congress to take additional action on illegal immigration.

"If someone robs a federal bank, the state can go in and stop them," he said.

Schumann said illegal immigrants are taking jobs from unskilled Nevadans.

Too often federal officials, including Sen. Chuck Hagel, R-Neb., turn their back when major companies hire illegal immigrants, Schumann said.

In December, immigration agents rounded up more than 1,000 illegal immigrants at six Swift Meat Co. plants, including one in Nebraska. News stories noted lines of legal citizens applied for jobs after the illegal workers were deported.

Sen. Mike McGinnness, R-Fallon, said that under the bill an employer could be fined for inadvertently hiring illegal immigrants even if the employer "acted in good faith" and checked to determine whether the workers were legal.

"It seems like we are holding them to a hard standard," McGinness said.

But state Taxation Director Dino Dicianno said he seriously doubted the Tax Commission would fine a company that inadvertently hired illegal residents.

Assembly Government Affairs Chairman Marilyn Kirkpatrick, whose committee drew up the bill, scarcely mentioned the illegal immigration provisions during her testimony.

Instead Kirkpatrick, D-North Las Vegas, emphasized provisions in the bill that make human trafficking in illegal residents a felony crime.

She pointed out how the bill requires the Department of Business and Industry to set up a Web site link with the Social Security Administration to verify whether prospective workers have legitimate Social Security numbers.

Attorney General Catherine Cortez Masto expressed support of the human trafficking portions of the bills.

She said "coyotes" who bring undocumented people into the country increasingly are "holding them in bondage" and Nevada needs laws to prosecute them.

Both Romero and Peck said they supported the provisions against human trafficking, but questioned why they were placed in a bill to stop illegal immigration.

During the hearing, Romero objected to calling undocumented workers "illegal aliens." The bill and the federal law, however, contain references to "illegal aliens."

Romero said it's a "derogatory term" that shouldn't be used.

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Please enter your name Name: Please enter your email Email: Please enter a comment COMMENTS : (word count limit is 300) You have reached the maximum number of words allowed Current Word Count: Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background. June wrote on May 17, 2007 05:22 AM: If the ACLU is determined to destroy this country, at least it should have the decency to eliminate the word "American" from its name.It is the most anti-American group in this country, closely followed by La Raza, Maldef and every other Hispanic group.La Raza's motto is 'For the race, everything. For those outside the race, nothing. I'll have to give them an "A" on nerve and a colossal sense of entitlement. Dawes wrote on May 16, 2007 06:46 PM: Foreigners have always been termed as "aliens" because the word "alien" means foreign....We don't need to hear about LULAC's new talking points, they are illogical. Larry Brown wrote on May 16, 2007 02:59 PM: Massive illegal immigration is a dagger aimed at the heart of U.S. homeland security, citizenship, sovereignty, and the rule of law. President George Bush could start the process of rolling back this illegal alien invasion tomorrow if his administration started enforcing labor, tax, and immigration laws against foreigners who should not be here....But he won't because he is a rabid "open borders guy" according to Congressman Tom Tancredo. Bobby wrote on May 16, 2007 01:35 PM: Again, the ACLU is an anti-American organization,hands down. You mean there are people who don't see this yet? They go from one small town to another in America, searching for people who are trying to protect themselves from potential and actuall criminals who have entered this nation from Mexico and elswhere. To the ACLU, Americans, DO NOT, have the right to life, liberty and the pursuit of happiness. Romero said "I thought immigration was a federal issue. You did? Well then can you please come to California, because it is ignoring Federal immigration law daily. Yes, Mr. Romero the State is aiding illegal immigration. Hurry, come here, we need the ACLU's services. Sacramento has people violating Federal Law everyday. YOU HYPOCRIT. David R Huntington wrote on May 15, 2007 01:53 PM: I understand the ACLU's concerns. The big gaming corporations have the political and financial clout to fight their battles. The small business owners do not. Hence, the small business owner will be punished but the big gaming corporations will keep it locked up in litigation until such time their paid off politicians change the laws to their favor. Joe C wrote on May 15, 2007 12:03 PM: Federal enforcement of laws is done by states and some business to help stop illegal activity already. Casinos and banks even car dealerships, already do work for the IRS to stem illegal activity of money laundering, Casinos using MTL reports and CTR forms. Where is the ACLU with lawsuits to stop religious organizations from entering politics as churches lobby for illegal aliens? Put the Ten Commandments on city property and the ACLU is outraged. Funny there seems to be much selective bitching and decision-making by some about legalities of our laws. If a law favors the illegal alien agenda it should be obeyed, if not it’s unjust and those like Romero feel justified and can just ignore it. While cities and states and citizens are forced into submission of illegal immigrant supporters will through costly litigations, even bankrupting some cities. Fairness in the illegal alien issue basically comes down to funds, as the do nothing federal government works for big business; and the only ones getting screwed are law abiding taxpaying legal citizens and legal immigrants, the majority of middle class workers. Our Federal government now makes Benedict Arnold look like an American hero! maureen0000 wrote on May 15, 2007 10:11 AM: Fining corporations and other smaller businesses is one of the best way to stanch the toxic flow of illegal immigrants. These business practices are doubly corrupt. One of the corruptions that is perpetrated among the illegals is that they are being exploited in the worst ways. They are being under paid in addition to the benefits that they do not get. The second aspect of this practice is it undermines the job market by not paying a living wage. The illegals are complicit in this by accepting the abuse. I have heard the argument that it is the liberals who believe that the illegals should stay. I do not ascribe to that argument. It is a conservative businees man's argument to cut costs by exploiting illegal immigrants. They are illegal aliens. They are breaking the immigration laws. If they are here illegally, one can hardly refer to them as guest workers because guests are people who are invited to in. What is derogatory about referring to their legal status? Even felons are referred to as ex cons even after they have paid their debt to society. Is that deragotory, too? Steve wrote on May 15, 2007 05:49 AM: Why not change the bill to read that the State Tax Commission WILL pull the license of ANY company caught with ILLEGAL aliens employed? That way, the big casinos and politically connected owners (like Wynn) can't buy their way out but will have to check the status of their employees in order to keep their business. Techrighter wrote on May 15, 2007 04:02 AM: Romero said it's a "derogatory term" that shouldn't be used. Of course it is derogatory. What is NOT derogatory about illegal aliens? They are illegals, violating the laws of the United States and need to leave now.