04/ 02/ 2008
A look at the immigration debate in several key states
Arizona
Last year Arizona passed sweeping legislation mandating business owners to use the federal government's E-Verify system to check employment eligibility. The legislation also includes employer sanctions that authorize county attorneys to suspend or revoke the business license of an employer who knowingly hires an illegal immigrant. Officials also accept complaints—either signed notes or anonymous calls—about business violators.
The NFIB Small Business Legal Center filed a legal brief in opposition to the stringent penalties. But in February, a U.S. District Court ruled that the law doesn't overstep the federal government's immigration authority.
Though the law is meant to stop employers from hiring illegal immigrants, business owners must tread carefully. "The way this law is crafted," says NFIB/Arizona State Director Michelle Bolton, "business owners need to walk a very fine line between avoiding any moves that would cause people to believe they are acting in a way that is discriminatory and, in addition, making sure all the i's are dotted and t's are crossed to ensure their employment practices do not lead to hiring a person who is not authorized to work in their business."
While the law is being appealed again, NFIB members are urged to comply. To help members understand the issue, NFIB distributed an educational DVD and posted the video in the members-only section of www.NFIB.com/AZ.
Colorado
Two years ago, Colorado passed what was then one of the toughest immigration reform laws in the country. The law requires individuals to prove they are legal U.S. residents before receiving certain government services. Many states have followed Colorado's path.
In the years since, several other bills have been debated. One, for example, would have made it mandatory for employers to use the federal e-verification system, but it died in committee. Legislators have also discussed a law that would establish an office in Mexico for the purpose of bringing legal employees to Colorado to work. That bill, which NFIB supports, is still alive in committee.
Georgia
In an effort to curb the number of illegal immigrants who move to Georgia, the state adopted a strong immigration bill in 2006. Signed into law by Gov. Sonny Perdue, the law denies state benefits to those who can't prove they legally reside in Georgia. It also ended the state tax deduction for businesses that employ undocumented workers and prohibited any business with a government contract from hiring illegal immigrants.
Oklahoma
Last May, Gov. Brad Henry signed an immigration law in response to the approximately 56,000 foreign-born residents who have come to the state since 2000 for jobs in meatpacking, construction and service industries. Business owners in Oklahoma should begin verifying employment eligibility of all employees if they don't do so already—It will be required beginning on July 1, 2008. Small businesses with state contracts have been required to use an employment status verification system since November 2007.
What's worrisome about the law for small businesses is a provision that allows U.S. citizens fired from a job to sue their former employer if an illegal immigrant still works for the business. In order to be penalized, the bill requires that the employer knows, or reasonably should have known, that the retained employee is an illegal immigrant—which some say leaves a lot of room for debate. This provision only applies to employees hired after July 1, 2008, who are working in a job that requires equal skill, effort and responsibility as the discharged employee. The law also denies illegal immigrants state identification and benefits.
About half of NFIB members in Oklahoma support efforts to stop businesses from hiring illegal immigrants. In a recent state ballot, 49.5 percent of NFIB/OK members said the state government should permanently revoke the business license of any employer who has been found guilty of hiring illegal immigrants for the third time.
Virginia
NFIB/Virginia has been an active participant in the current debate surrounding employers and immigration. NFIB supports a business climate that facilitates the employment of legal immigrant workers. For Virginia's economy to remain successful, NFIB understands that employers need an adequate, stable and legal workforce. That's why NFIB/Virginia is a member of Virginia Employers for Sensible Immigration Policy. This business group is working toward a sensible solution that cracks down on those who knowingly break the law, but protects employers from penalties when acting in good faith to comply with the federal immigration law.
NFIB Members Speak Out on Immigration
Opinions on how to solve the immigration challenge vary greatly across our country. NFIB recently polled our small business members to see where they stand on this hot-button issue.
According to almost half of NFIB members, the single most important reason illegal immigration is a problem is because of how much illegal immigrants cost taxpayers.
On the issue of legal immigration, NFIB members are split: 43 percent say too many legal immigrants are admitted annually, while 38 percent say the number is about right.
Almost all NFIB members who hire guest workers pay them above the federal minimum wage of $5.85 an hour. Thirty percent of owners pay guest workers more than $10 an hour.
NFIB members support measures that ensure guest workers are being hired on a need-only basis and not for cheap labor.
Eighty-three percent of NFIB members believe that employers who knowingly hire illegal immigrants shou
ld be subject to fines and other penalties.
The majority of NFIB members do not support special breaks or lenient treatment of illegal immigrants or business owners who knowingly hire them.
Seventy-three percent of NFIB members support a mandatory employee verification system, but respondents are split on whether it should be funded by an employer fee or by taxpayers.
Source: NFIB Research Foundation
