KnoxNews

AG rules illegal worker legislation invalid
Cooper says it defies fed law; intoxicated hunting bill gets OK

By TOM HUMPHREY, tomhumphrey3@aol.com
May 12, 2007


NASHVILLE - Pending legislation to forbid the hiring of illegal immigrants in Tennessee is invalid and cannot be enforced because it runs afoul of federal law, according to a new opinion from state Attorney General Bob Cooper.
The opinion, issued Friday, deals specifically with SB202, scheduled for a Senate floor vote Monday. Sponsored by Sen. Bill Ketron, R-Murfreesboro, it would impose a $10,000 state fine on employers who hire illegal immigrants in Tennessee.

Cooper's opinion cites a provision in federal immigration law that explicitly states the federal statute "preempts any state or local law imposing civil or criminal sanctions" on those who recruit or hire illegal immigrants.

"SB202, if enacted, would do just that, running afoul of Congress' clearly stated intent to occupy the field in this area of immigration regulation," the opinion states.

The opinion would appear to apply as well to another Ketron bill awaiting a Senate floor vote, SB2318, which states that local law enforcement agencies can enforce immigration laws in Tennessee.

The "fiscal note" on SB2318 already states that the measure would not result in any expenditure of state or local funds because it is invalid and cannot be enforced because of the federal preemption.

The Senate already has passed on a bill dealing with the hiring of illegal immigrants. SB1870 requires Tennessee employers to check a federal database to make sure a prospective employee is a legal resident of the United States before giving him or her a job.

But SB1870 was amended, with the approval of sponsoring Sen. Jack Johnson, R-Brentwood, to eliminate any penalty for employers who violate the law. It also would automatically be repealed in 18 months after taking effect.


The Senate has approved and sent to the House legislation that makes "hunting under the influence" a crime in Tennessee, applying basically the same standards as for driving a car or boat.

"Drinking or drugging and shooting is at least as dangerous as drinking or drugging and driving, and the penalties for doing it ought to be just as serious," said sponsor Sen. Roy Herron, D-Dresden.

Under the bill, SB1566, anyone found to be hunting with a gun while having a blood alcohol content of 0.08 would be presumed guilty of hunting under the influence. As with DUI, a first-offender would face a mandatory 48 hours in jail and a minimum fine of $350. The offender also would lose his or her hunting license for a year.

The bill passed the Senate 32-0 but has yet to be scheduled for a vote in the House.


Both the House and Senate have now approved a bill that prohibits transportation of illegal immigrants into Tennessee for profit, sending it to Gov. Phil Bredesen for his signature.

Sen. Tim Burchett, R-Knoxville, who sponsored the bill with Rep. Mike Turner, D-Nashville, says SB193 is valid because it targets the individuals who bring illegal immigrants into Tennessee - not the immigrants themselves or their employers.

"A serious issue has arisen because a group known as 'coyotes' are taking advantage of people by requiring them to pay large sums of money, then packing them in a vehicle like cordwood, and then transporting them long distances," said Burchett. "This practice is not safe for the people being transported, and it is not fair for the residents that are here legally."

The bill imposes a $1,000 fine on offenders for each illegal immigrant transported.

Both bills passed the measure by large margins. Final approval came when the House signed off Thursday on an amendment that had been adopted in the Senate. The amendment says the penalties do not apply to "common carriers" such as commercial bus services or airplanes or to people transported into the state "for religious reasons."

Tom Humphrey may be reached at 615-242-7782.

Copyright 2007, Knoxville News Sentinel Co.
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