Thread: OR: Judge weighing legality of illegal worker crackdown

Judge weighing legality of illegal worker crackdown

Columbia County voters approve crackdown on illegal immigrant hiring

Story Updated: Dec 2, 2008 at 3:56 PM PST

By Dan Tilkin KATU News and KATU.com Web Staff

COLUMBIA COUNTY, Ore. - A judge will decide whether Columbia County's new illegal worker crackdown is legal

The "Employment of Unauthorized Aliens Ordinance" would require employers to pay a $10,000 fine for the first violation. For the second violation, the county board of commissioners must seek to revoke the employer's business license.

The county must also contact local police and federal immigration officials about suspected illegal workers. It also must maintain a database of violations and require all county employers to use E-Verify, a free federal program that checks employment eligibility.

Columbia County is the only county in Oregon with its own law cracking down on the hiring of illegal immigrants.

It was put on the November ballot by a citizen and passed by a majority of voters, people who believe many businesses in the area hire illegal immigrants and that the county should enforce the new law to punish those employers.

But there appears to be a number of potential legal problems with the law. For instance, the definition of the legal term "intentionally" was left blank. But, more importantly, the county may not have the authority to impose a $10,000 fine. Some say the county is restricted from levying fines over $1,000.

Also, since the county does not issue business licenses, it would appear to have no authority to take them away from companies found to be employing illegal immigrants.

County Commissioner Rita Bernhard and her colleagues instructed the county's attorney to fix flaws in the law.

"What we're trying to do is abide by the voters' wishes," Bernhard said.

But even attempts to fix it may be violating the measure because it states: "This measure may not be amended, modified or appealed without being referred to the voters."

St. Helens businessman Gary Liao said much of the citizen-sponsored law was "nonsensical."

He added that sheriff's deputies in Oregon are not allowed to investigate whether people are in the country illegally unless another crime has been committed.

"&hellipand employment status is protected by privacy laws, so how do you do this? Largely it's based on racial profiling," he said.

The rewritten ordinance is currently before a judge, who will decide whether all or part of the law is legal. A hearing is scheduled for Dec. 22.

http://www.katu.com/news/local/35380474.html

The rewritten ordinance is currently before a judge, who will decide whether all or part of the law is legal.

Legislation from the bench..this decision should be up to the supremes.

If they would simply enforce federal law, this wouldn't be an issue.