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Posted on Fri, Jan. 19, 2007

General Assembly
Bill puts burden on employers to identify illegals
By Niki Kelly
The Journal Gazette

INDIANAPOLIS – Employees replaced by illegal immigrants could sue under a bill passed 8-3 by the House Veterans Affairs and Public Safety Committee on Thursday.

Rep. Vern Tincher, D-Terre Haute, offered House Bill 1253 as a way to deal with the problem of illegal immigration – focusing on employers rather than the immigrants themselves.

He gave statistics about the drain on society that illegal immigrants are causing through health care services, additional aid to schools and food assistance programs and said the federal government has failed to react.

The committee first stripped all the language regarding fines and sanctions out of the bill so that it would not conflict with federal law. Then it adopted an amendment offered by Rep. Bill Ruppel, R-North Manchester.

The amendment first requires an employer to verify an employee’s Social Security number using a new federal computerized system that Ruppel said gives results within 30 minutes.

If an employer fails to get the verification or hires an illegal immigrant anyway, the bill would allow Hoosiers who lost their jobs to that immigrant to sue the employer. It also would allow companies who lost contracts to other companies using illegal immigrants to sue their competitors

Ruppel said going through the verification process is a defense to the suit.

Ed Roberts, of the Indiana Manufacturers Association, opposed the bill because it would bury employers in bureaucratic red tape. He reminded the lawmakers that illegal immigration is a federal issue.

Rep. Ron Herrell, D-Kokomo, said all the barriers and walls in the world won’t stop illegal immigration.

“They’re going to fly over, crawl under … if there’s a job,” he said.

But Rep. Mike Murphy, R-Indianapolis, blasted the legislation as a feel-good bill that does nothing, noting that most of the elements of the bill are already federal law, including Social Security number verification.

He said it creates a picnic for lawyers, has no fiscal impact statement assessing its costs and has no enforcement mechanism because that would be illegal under federal law.

“As frustrated as we may be, … this bill does absolutely nothing to solve the problem,” Murphy said.

Several lawmakers said the bill was a way to send a message to federal representatives and senators.

But Rep. Dennis Avery, D-Evansville, said he would send a message to his congressman by writing him a letter, and he voted no.

Area representatives Ruppel and Dick Dodge, R-Pleasant Lake, voted yes.

Rep. Dave Wolkins, R-Winona Lake, voted no.

The legislation next moves to the full House for consideration.

nkelly@jg.net