Thread: TN: Attorney: State is at forefront of anti-immigration legi

Attorney: State is at forefront of anti-immigration legislation


By JOE BROOKS Banner Staff Writer

Published March 21, 2007 10:27 AM EDT

Tennessee is at the forefront of anti-immigration bills, a spokesman told the Ocoee Region Multicultural Services board of directors Tuesday.

Attorney Jessica Baba, from the Tennessee Immigration and Refugee Rights Coalition, said, “There are 42 anti-immigration bills this session,” (in the Tennessee legislature). Some bills would “require car salesmen to check the status of people buying cars.” Real estate agents helping people purchase houses and other “everyday citizens” could become enforcers of anti-immigration laws if some of the bills were passed.

“We have seen a general trend of trying to push the average citizen into enforcing the immigration laws,” she said.

As a result, there has been “a wave of anti-immigration rhetoric” throughout Tennessee.

“The politically popular thing to do involves the anti-immigration laws. In fact, Tennessee is being watched (nationally) because there are so many laws.” Tennessee is at the top of the list for the most laws regarding anti-immigration, Baba said.

Baba noted, “It’s creating a very tense atmosphere” among residents.

“What (Tennessee Immigration and Refugee Rights Coalition) is trying to do is to counter that tension,” she said.

Jerry Bohannon, ORMS vice president for business development, affirmed the Baba’s point by recounting a story related to him by one of the officials of Starplex Scientific. Starplex recently broke ground on a new facility in Cleveland, but the event could have possibly never happened, Bohannon said.

When a Starplex Scientific official entered U.S. customs at the Canadian border, he was told by the U.S. border patrol, if it were up to the patrolman, the official would be sent back to Canada since the man was “taking jobs away from people in Tennessee. In fact, the opposite was the case.”

Bohannon told of his trip to Canada where he met with Starplex Scientific officials and asked them to relocate to Cleveland.

“I’m glad nothing like that happened to me when I went to Canada,” Bohannon said.

Baba said her organization has developed “The Welcoming Tennessee Initiative” which helps people on all levels get involved from all walks of life. The Initiative includes the following principles, according to the brochure provided by Baba:

- “We believe that Tennesseeans remember, honor and value our immigrant roots and embrace the values of family, faith and hard work.

- “We believe that Tennesseans are hospitable and empathetic people, with a shared responsibility to treat all neighbors with respect and decency.

- “We are committed to raising the level of public discourse concerning immigrants and immigration, so that public policies are designed in an environment of mutual respect.

- “We are committed to better understanding the contributions that immigrants make to our state and the effects of immigration on our communities and to challenge common myths and stereotypes.

Along with Baba’s presentation, ORMS President Gary Ray presented remarks, Cleveland City Mayor and ORMS co-chairman Tom Rowland told memebers of the need for a grant writer.

The next meeting of the ORMS board of directors will be Tuesday, April 17, at 2 p.m.

http://www.clevelandbanner.com/NF/omf/d ... 143+cr=gdn

Some bills would “require car salesmen to check the status of people buying cars.” Real estate agents helping people purchase houses and other “everyday citizens” could become enforcers of anti-immigration laws if some of the bills were passed.

“We have seen a general trend of trying to push the average citizen into enforcing the immigration laws,” she said.

I am 100 percent ready, willing and able, to take on the task at hand! If the State governments are serious in adressing the illegal immigration issue , they will need to empower ordinary citizens to arrest illegal aliens!

I'm for it all the way---LETS ROLL!

Jerry Bohannan is head of the Cleveland Tennessee (Bradley County) Chamber of Commerce. Jerry Bohannan, Chamber chair, Tom Rowland, the Mayor of the City of Cleveland, TN, Gary Davis, the Mayor of Bradley County, the Police Chief Wes Snyder, the Sheriff Tim Gobble, BB & T Bank, Southern Heritage Bank, and others are associated with this Ocoee Regional Multicultural Group. The Chamber of Commerce has put out their brochure.

They help illegal aliens the paper stated and members say they want people to be legal. If you are legal, you don't need their assistance. Are they trying to get the city involved in their coverup for assisting illegals? Wouldn't this be aiding and abetting illegal aliens?

This group has been reported to the police and to ICE for investigation. If you can get the police, sheriff, mayors, banks, and other generally credible groups involved, it sure helps to mask your true intentions.

Both Mayors were approached about this group and the county mayor said no money had been given to them yet.

PLEASE NOTE THE "TENNESSEE IMMIGRATION AND REFUGEE RIGHTS COALITION" GROUP AND WHAT THEY ARE ABOUT!

The 2005-2006 TN legislative session is finally over!
(read press coverage)

On Saturday, the TN General Assembly completed its two-year session. During that time, a record twenty bills were introduced that would have restricted the rights of immigrants and refugees in Tennessee, including efforts to turn all state and local employees into federal immigration agents, impose a constitutional ban on immigrant access to government services, prohibit the translation of vital driver's license documents, and repeal TN's driving certificate program.
EVERY ONE OF THESE BILLS WAS DEFEATED!

Thank you to the countless supporters who called their representatives, contacted committee members, participated in pro-immigrant rallies, attended the 3rd annual Legislative Reception, and came to the legislature to speak against these bills. While many of these bills collapsed under the weight of their own poor design, many others came dangerously close to passing. The final anti-immigrant measure failed just last week on the Senate floor; the bill to deputize TN Highway Patrol officers as immigration agents was withdrawn at the last minute by the Senate sponsor, whose office reported receiving over 1,000 phone calls in opposition to the bill. Amazing work, everyone! Thank you also to the many ally groups that met with policymakers, arguing effectively that anti-immigrant legislation damages our communities, discourages economic development, and points TN in the wrong direction.

The TN legislature has adjourned for the year, but there is still much work to be done. While legislative attempts to repeal the driving certificate program were defeated, the program has been suspended since February for undocumented immigrants. We must continue our organizing efforts to encourage the TN Department of Safety to improve and fully reinstate the program, before any more immigrants are forced to drive with no documents in order to work and feed their families (click here for a petition in English and Spanish). We will also be convening our Regional Councils to discuss our proactive priority issue campaigns, and to develop strategies for success.

Thanks again to everyone who worked so hard to defeat these bills!



Failed Legislation

State/Local Government Employees as Immigration Enforcement Officials

SB 2869 Haynes/ HB2818 Moore — AUTHORIZE TN HIGHWAY PATROL TO ENFORCE FEDERAL IMMIGRATION LAW (read full text) Permits commissioner of safety to negotiate and enter a memorandum of understanding (MOU) with federal authorities to provide appropriate training for certain highway patrol officers to enforce federal immigration laws in Tennessee during the normal course of their duties. TALKING POINTS
SB 2426 Norris/ HB3229 Gresham — REQUIRE TN HIGHWAY PATROL TO ENFORCE FEDERAL IMMIGRATION LAW (read full text) Similar to SB 2869, except it makes the MOUs mandatory. TALKING POINTS
SB 2412 Norris/HB 2498 Todd — STATE EMPLOYEES MUST TURN IN UNDOCUMENTED IMMIGRANTS (read full text) On the surface of this bill, the "Tennessee Taxpayer and Citizen Protection Act," is a measure to prevent non-citizens from voting. In reality there is a lot more to this legislation. As it states towards the bottom of the bill, “Creates a Class A misdemeanor offense for failure on the part of state employees to report immigration violations to federal authorities.” TALKING POINTS
Repeal of Driving Certificate Program

SB 3899 by Kyle/ HB 4016 by McMillan — DRIVING CERTIFICATE PROGRAM SUSPENSION/REPEAL (read full text) This bill, as amended by House amendment 1, would suspend the driving certificate program until July of 2007. The Senate further amended the bill in Transportation committee to eliminate the certificate program altogether. TALKING POINTS
SB 3123 by Ketron/HB 2903 Rowland — DRIVING CERTIFICATE REPEAL (read full text) This bill would change the state’s driver’s license requirements, by eliminating the driving certificate, and requiring a driver’s license applicant to provide a social security number or INS documentation. TALKING POINTS
SB 3378 Herron/ HB 3531 Pinion — DENIAL OF DRIVING CERTIFICATES TO UNDOCUMENTED IMMIGRANTS (read)
SB 1050 Ketron/HB 2132 Rowland — DRIVING CERTIFICATE REPEAL (read full text)
Discrimination Against the Foreign-Born and Limited English Proficient

SB 0303 Ketron/HB 0242 DuBois — PROHIBIT TRANSLATION OF DRIVER'S LICENSE EXAM (read full text)
This bill, if passed into law, would require the written driver license exam to be given only in English. This would erase the progress made to translate into additional languages such as Arabic and Vietnamese. It would also erase languages currently available such as Spanish, Japanese, and Korean. TALKING POINTS.
Denial of Access to Public Services for Immigrants

SJR 528 Tracy — AMEND TN CONSTITUTION TO DENY GOVERNMENT SERVICES TO UNDOCUMENTED IMMIGRANTS. Proposes an amendment to Article XI of the state constitution to ban non-emergency government services to persons not lawfully residing in the United States (read full text). TALKING POINTS
SB 3482 Ketron/HB 2873 DuBois — REQUIRES VERIFICATION OF IMMIGRATION STATUS FOR ALL HEALTH SERVICES AND ASSISTANCE (read full text)
SB 2567 Ketron/ HB2584 Rowland — RESTRICTS ACCEPTABLE IDENTIFICATION FOR RENEWING MOTOR VEHICLE REGISTRATION (read full text)
SB 1928 Jackson, Ketron/HB 2217 Buck — NO FALSE DOCUMENTS (read full text) Creates a Class C felony offense for providing a public servant with documentation falsely stating or implying that a person is a legally documented immigrant to the United States for the purpose of obtaining certain public benefits including TennCare. House version was amended to remove anti-immigrant language, applying the law to "any person" who provides false documentation. FACT SHEET.
SB 1906* Jackson/HB 2218 Buck — DENIAL OF PUBLIC BENEFITS TO UNDOCUMENTED IMMIGRANTS, INCLUDING DRIVING CERTIFICATE (read full text). This bill, if passed, would prohibit undocumented immigrants from receiving “public indigency benefits” funded by the state, defined to include driving certificates.TALKING POINTS
Punishment for Employers Who Hire Undocumented Workers

SB 2877 Haynes/HB 2815 Moore — EMPLOYMENT OF UNDOCUMENTED WORKERS (read full text) Creates a Class E felony for "knowingly" employing an undocumented worker.
SB 2876 Haynes/HB3426 McMillan — EMPLOYMENT OF UNDOCUMENTED WORKERS (read full text) Increases penalty for persons who knowingly employ or refer illegal aliens for employment from a Class B misdemeanor to a Class A misdemeanor; directs department of labor and workforce development to study the effect of illegal immigration on Tennessee.
SB 3481 Ketron/HB2867 DuBois — EMPLOYMENT VERIFICATION OF IMMIGRATION STATUS (read full text) Requires all government entities and contractors to participate in the federal government's "basic pilot program" for verification of work authorization.
SB 2783 Bryson/HB3117 Casada — NEW QUESTIONS FOR STATE LICENSE APPLICANTS (read full text) Requires applicants for certain state licenses to attest to whether they've been assessed a penalty under federal law for hiring an undocumented worker and establishes procedures for denying a license.
SB 2784 Bryson/HB3118 Casada — NEW QUESTIONS FOR BUSINESS TAX REGISTRANTS (read full text) Requires business tax applicants to attest to whether they've been assessed a penalty under federal law for hiring an undocumented worker and establishes procedures for denying a license.
Passed Legislation

SB 0411 Haynes/HB 0111 Moore, Newton — CONTRACTING AND IMMIGRANTS (read full text) Prohibits any person who bids for government contracts to "knowingly utilize the services of illegal immigrants." Specifies that any person discovered utilizing illegal immigrants will be prevented from submitting a bid on any state contract for one year.

It is very important that calls are made to representatives in Tennessee. This group touts the defeat of legislation last year and as you can see from the above 2006 legislation, they celebrated the legislation they defeated in the last year. Below is their attack on the new proposals.

2007 Proposed Legislation in Tennessee


Unjust Proposals, Unintended Consequences
— Tennessee's effort to legislate federal immigration policy—

Tennesseans want the government to fix our immigration system, but they're not asking for this. What follows is 40+ state legislative attempts to make life more difficult for all immigrants, a piecemeal approach to immigration enforcement certain to break down communities and damage quality of life for all Tennesseans. The people of this state want a legal immigration system that works, and a federal government willing and able to uphold the rule of law. They're not asking for a new immigrant tax that penalizes noncitizens regardless of immigration status, special security checks for Japanese, Korean, and Spanish-speaking immigrants, burdens on landlords, church bus drivers, even car salesmen to enforce federal immigration policy, fifty thousand immigrant drivers on the road without driving safety documents or insurance, rules that prohibit adult immigrants from studying English, or laws that make a criminal of any government employee who doesn't understand the legal difference between asylum and Temporary Protected Status (TPS). The majority of Americans prefer a comprehensive, federal solution that reflects our nation's values of family, hard work, and fairness.

Legislation to Oppose
(click for a shorter list of bills currently moving)

Broad Transfer of Immigration Enforcement Duties to State and Local Governments—The National Conference of State Legislatures (NCSL) "holds firmly that states do not have 'inherent authority' to enforce federal civil immigration law. We oppose efforts to perpetuate this myth of 'inherent authority' indirectly by shifting federal responsibility of immigration enforcement to state and local officers through the criminalization of any violation of federal immigration law" (2006 NCSL statement on Immigration Reform).

SB 544 by Watson, HB 440 by Floyd—Requires public employers and contractors to check immigrant work authorizations with Basic Pilot program, requires enforcement Memorandum of Understanding (MOU) between the US Immigration and Customs enforcement agency (ICE) and state "peace officers," requires state and local jailors to check immigration status, imposes tax penalties on employers, and requires state and local employees to check immigration status for government services.

SB 576 by Burks, HB 1216 by Fincher—Requires public employers and contractors to check immigrant work authorizations with Basic Pilot program, requires enforcement Memorandum of Understanding (MOU) between the US Immigration and Customs enforcement agency (ICE) and state "peace officers," requires state and local jailors to check immigration status, imposes tax penalties on employers, and requires state and local employees to check immigration status for government services.

SB 1057 by Johnson, HB 880 by Johnson P—Requires enforcement Memorandum of Understanding (MOU) between the US Immigration and Customs enforcement agency (ICE) and TN highway patrol, requires state and local jailors to check immigration status, and requires state and local employees to check immigration status for government services.

SB 576 by Burks, HB 1216 by Fincher—Requires public employers and contractors to check immigrant work authorizations with Basic Pilot program, requires enforcement Memorandum of Understanding (MOU) between the US Immigration and Customs enforcement agency (ICE) and state "peace officers," requires state and local jailors to check immigration status, imposes tax penalties on employers, and requires state and local employees to check immigration status for government services. Scheduled for House Government Operations on March 28th (and then Judiciary). Needs fiscal note.

Elimination of Driving Safety Documents for Certain Immigrant Drivers

SB 1968 by Kyle, HB 1827 by Turner M,—Eliminates the Certificate for Driving program; effectively prevents over 50,000 immigrant drivers, who have previously demonstrated the ability to drive safely, from obtaining a driving safety document or accident insurance. Passed House Transportation, and scheduled for House Budget on March 28th; Senate version referred to Transportation. (Talking Points)

SB 886 by Ketron, HB 366 by Rowland—Eliminates the Certificate for Driving program; effectively prevents over 50,000 immigrant drivers, who have previously demonstrated the ability to drive safely, from obtaining a driving safety document or accident insurance. Amended in Senate to make it similar to HB 1827, with an effective date of October 1, 2007. Passed full Senate on a 30-0 vote; House version scheduled for Public Transportation and Highways on March 27th. (Talking Points)

SB 228 by Ketron, HB 960 by Cassada—Eliminates the Certificate for Driving program; effectively prevents over 50,000 immigrant drivers, who have previously demonstrated the ability to drive safely, from obtaining a driving safety document or accident insurance.

SB 1869 by Johnson, HB 878 by Johnson P—Eliminates the Certificate for Driving program and requires state and local employees to check immigration status for government services and mandates use of federal systematic alien verification of entitlement (SAVE) program.

Discrimination Against Non-Citizens, Foreign-Born, and Limited English-Proficient

SB 201 by Ketron, HB 424 by DuBois—English-Only Driver's Act: Eliminates all translations of the written driver's license exam. The bill was amended in Senate Transportation on 2/21/07 to allow translations in Japanese, Korean, and Spanish, if individuals obtain "written security clearance" from the US Department of Homeland Security. During the committee meeting, Senator Ketron declared that "this bill takes the first step in protecting the sovereignty of our country." The bill was further amended on the Senate floor on 2/26/07 to remove the "security clearance" amendment and to allow current translations to anyone who can demonstrate lawful presence. Basically, the bill now does nothing, except make it harder for the Department of Safety to comply with Title VI in the future, and offer additional translations as necessary. (download Talking Points for original bill) (download 2005 AG's opinion) (download editorial from Daily News Journal) Passed full Senate on a 22-5 vote; DEFEATED in House Public Safety and Rural Roads subcommittee on March 20th.

SB 525 by Bunch, HB 671 by Swafford—English-Only Driver's Act: Eliminates all translations of the written driver's license exam.

SB 690 by Bunch, HB 768 by Campfield—Immigrant Tax Act: Creates a 25% privilege tax for all non-US citizens purchasing money orders.

TN Highway Patrol as Immigration Enforcement Agents

SB 203 by Ketron, HB 728 by Hood—The TN Highway Patrol is authorized to enter into an MOU with ICE to enforce federal immigration law.

SB 1604 by Norris, HB 491 by Gresham—The TN Highway Patrol would be permitted to enter into an MOU with ICE to enforce federal immigration law. In House Public Safety and Rural Roads, Chairman Phillip Pinion expressed his opposition to the bill saying, "My responsibility is keeping our highways as safe as possible...I don't like the idea of our troopers doing the job of the federal government." Representative G.A. Hardaway said he preferred to wait and see the MOU, and then determine whether it was good policy. Representative Nathan Vaughn wanted to know in what facilities detained immigrants would be held, and who was paying the bill. While the House sponsor claimed that these new duties would be fully funded, the Safety Commissioner testified that the MOU responsibilities would "definitely impact our resources." Passed full Senate on March 19; DEFEATED in House Public Safety and Rural Roads subcommittee on March 20th. (Talking Points)

Private Citizens and Businesses as Immigration Enforcement Agents

SB 193 by Burchett, HB 600 by Turner M—Creates new crime of driving with an immigrant into the state of Tennessee, if driver "should have known" the immigrant "illegally entered or remained in the United States." How does one judge whether a church bus driver “should have known” a congregant overstayed a tourist visa? Immigrations laws that prohibit the “knowing” employment of undocumented workers rely upon a federal standard of constructive knowledge, whether or not I-9 employment procedures are followed. Is everyone who drives across state lines now required to check the immigration status of individuals in his/her vehicle? This bill, like any bill that burdens individuals with enforcement of federal immigration law, will encourage discrimination against people who look or sound foreign-born. In House Judiciary, Representative Briley expressed concern that this would apply to churches and religious institutions, and offered an amendment excepting charitable organizations. The sponsor rolled the bill a week to consider the amendment. (See fiscal note with clarification of federal preemption). Scheduled for House Judiciary on March 28st.

SB 950 by Harper, HB 69 by Turner M—Illegal Car Salesman Act: Prohibits the sale of a motor vehicle to customers without valid driver's license.

SB 1343 by Haynes, HB 70 by Turner M—Illegal Landlord Act: Requires landlords, real estate professionals, or anyone individual selling real property to check immigration status of all purchasers/renters. Fiscal cost is $354,000/year for 7 new Revenue Enforcement Officers. Scheduled for House Industrial Impact subcommittee on April 4th.

SB 1506 by Burchett, HB 606 by Turner M—Family Support Prevention Act: Prohibits any foreign money transfers without proof of immigration status. (House version withdrawn)

Government Employees as Immigration Enforcement Agents (New Crimes for Noncompliance)/ New Barriers for Government Services and Voting—Undocumented immigrants are barred from most entitlement programs, except for those mandated by federal law. Administrative obstacles to government services promise to impact all Tennesseans with higher costs, decreased efficiency, and the accidental denial of services to qualified applicants. There is little reason to believe any state funds will be saved. "Colorado's new law banning state spending on illegal immigrants has cost more than $2 million to enforce—and has saved the state nothing" (State Budget Report in the Denver Post).

SB 205 by Ketron, HB 733 by Hood—Requires state/local employees to verify immigration status for government services.

SB 227 by Ketron HB 938 by Maggart—Requires photo ID to vote, and includes free state IDs. Fiscal impact is $332,500/year in lost revenue. Scheduled for Senate State and Local Government on April 3rd.

SB 595 by Southerland, HB 658 by Hawk—Requires bureau of TennCare to make any medical services that are available to "illegal aliens" available to all TN residents.

SB 904 by Ketron, HB 1272 Lynn—Requires state/local employees to verify immigration status for government services; mandates use of federal systematic alien verification of entitlement (SAVE) program.

SB 1020 by Tracy, HB 1052 by Rowland—Requires state/local employees to verify immigration status for government services; mandates use of federal systematic alien verification of entitlement (SAVE) program.

SB 1103 by Bunch, HB 857 by Bell—Adult English Prevention Act: Denies adult basic education opportunities, such as English classes, to immigrants who cannot verify "legal status." This bill could require every adult education teacher to check students' immigration papers, and turn away anyone who is "not entitled to lawful residence in the United States." It seems hypocritical to complain that immigrants don't want to learn English, and then create new barriers for those trying to learn.

SB 1610 by Norris, HB 408 by Todd—Creates new identification requirements for voting. Scheduled for Senate State and Local Government on April 3rd; scheduled for House Elections subcommittee on April 3rd.

SB 1611 by Norris, HB 409 by Todd—Creates new identification requirements for voting, and "requires all public agencies within the state to cooperate with federal immigration authorities to discourage illegal immigration." This bill attempts to play on fears of illegal immigrant, and disenfranchise thousands of legal voters. According to the NAACP Legal Defense and Education Fund, “several states are considering voter identification bills that could undo much of the progress made during the civil rights era…pending ID bills are an effort to keep minority and elderly participation at low levels by requiring more hoops to jump through in order to take part in the democratic process.” Fiscal impact is $37,200 one time cost for new forms. Scheduled for House Elections subcommittee on April 3rd.

SB 1615 by Norris, HB 406 by Todd—Creates new crime for all state/local employees who fail to verify immigration status of all applicants for government services (same as below, without severability clause).

SB 1616 by Norris, HB 407 by Todd—Creates new crime for all state/local employees who fail to verify immigration status of all applicants for government services. Undocumented immigrants are barred from most entitlement programs, except for those mandated by federal law. Administrative obstacles to government services promise to impact all Tennesseans with higher costs, decreased efficiency, and the accidental denial of services to qualified applicants. The estimated cost of implementing this bill is $7,287,600. "Colorado's new law banning state spending on illegal immigrants has cost more than $2 million to enforce—and has saved the state nothing." Referred to House State and Local Government, and will likely be considered on a special "immigration" calendar.

SB 1685 by Herron, HB 1837 by Pinion —Requires state/local employees to verify immigration status for government services; mandates use of federal systematic alien verification of entitlement (SAVE) program.

SB 1869 by Johnson, HB 878 by Johnson P—(See bill under "Elimination of Driving Certificate Program")

Forfeiture of Immigrants' Earned Wages and Benefits—These measures violate the principle upheld in Farmers Brothers Coffee v. Workers’ Compensation Appeals Board (October 19, 2005), where the Court of Appeals declared "immigration status irrelevant to the issue of liability to pay compensation to an injured employee. Were it otherwise, unscrupulous employers would be encouraged to hire aliens unauthorized to work in the U.S."

SB 252 by Haynes, HB 66 by Turner—Creates a state crime for working in Tennessee having "illegally entered the United States," with all compensation to be confiscated. This bill is preempted by federal law. It would also give incentive to and rewards employers for hiring undocumented workers, who can now be more easily exploited under slavery conditions. (see fiscal note with clarification of federal preemption) Deferred in Consumer & Employees Affairs committee to a special "immigration" calendar.

SB 253 by Haynes, HB 73 by Turner—Prevents non-citizen workers from collecting workers' compensation unless "lawfully present for the purposes of performing such services." Estimated fiscal impact of this bill is zero, as undocumented workers are currently prohibited from receiving workers' compensation."

SB 366 by Southerland, HB 655 by Hawk—Prevents non-citizen workers from collecting workers' compensation unless "lawfully present for the purposes of performing such services."

SB 1348 by Haynes, HB 622 by Turner M—Creates Class E felony for knowingly providing false documents for public benefits, and for presenting false documents for purposes of obtaining employment. Fiscal impact is $39,600 a year for increase costs of incarceration. A modified fiscal note is necessary to reflect enforcement and prosecution of new crime of providing false employment documents. Scheduled for House State and Local Government on March 27th, and will likely be deferred to a special "immigration" calendar.

Employers as Immigration Enforcement Agents (New Crimes for Businesses)—The provisions of [federal law] preempt any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens." (8 U.S.C. § 1324a(h)(2)). (General Talking Points) (Specific Talking Points about mandatory use of Basic Pilot program) (Read current TN Code)

SB 202 by Ketron, HB 729 by Hood—Creates Class E felony for "recklessly" or "knowingly" hiring an undocumented immigrant. (see fiscal note with clarification of federal preemption). Scheduled for Senate Commerce, Labor, and Agriculture on March 27th.

SB 204 by Ketron, HB 727 by Hood—Makes knowingly employing an "individual who has illegally entered the United States" a Class A misdemeanor (currently a Class B misdemeanor); mandates that TN Department of Labor conduct study on the impact of illegal immigration on state and local governments.

SB 254 by Haynes, HB 74 by Turner—Requires employers to become immigration experts and affirmatively verify immigration status of employees, requires employers retain certain documents, and creates $1,500 penalty for noncompliance; creates a Class E felony for "an employer to knowingly employ an illegal alien" and eliminates current TN code dealing with "employment of illegal aliens." (see fiscal note with clarification of federal preemption) Deferred in House Consumer & Employees Affairs committee for a special "immigration" calendar.

SB 903 by Ketron, HB 1274 Lynn—Tax Relief for Undocumented Immigrants Act: prohibits immigrants from paying federal income tax with an individual taxpayer identification number (ITIN). House Employee Affairs passed amendment that would exclude banks from new regulations. Fiscal note is minimal. Scheduled for House Consumer & Employees Affairs on March 27th, and will likely be considered on a special "immigration" calendar.

SB 906 by Ketron, HB 1273 Lynn—Requires public employers to check immigrant work authorizations with Basic Pilot program.

SB 931 by Ketron, HB 429 by DuBois—Eliminates excise/franchise tax credits for any person who knowingly hires an immigrant "who is not authorized to be present in the United States." Bill's fiscal impact exceeds $354,000 annually, to pay for 7 additional Revenue Enforcement Officers with no identified fiscal benefit. Senate version put in General Subcommittee of Tax; House version referred to Budget subcommittee.

SB 1240 by Kilby, HB 1639 by Ferguson —Allows revocation of license for any business assessed federal penalty for employing an undocumented immigrant; creates $10,000 fine for knowingly employing an "individual who has illegally entered the United States."

SB 1581 by Herron, HB 684 by Fitzhugh—Creates Class A misdemeanor for "recklessly" or "knowingly" hiring an undocumented immigrant.

SB 1739 by Ketron, HB 1322 by West —Creates special licensing requirements for the hospitality industry. Scheduled for Senate Government Operations on March 21st.

SB 1870 by Johnson, HB 877 by Johnson P—Requires employers to become immigration experts and affirmatively verify immigration status of employees. Creates new penalties, increasing to Class A misdemeanor by 7/1/08. An amendment exists that would require employers to use the Basic Pilot program. Fiscal impact is $1,527,000 annually, to cover 31 new enforcement agents with no expected fiscal benefit. Scheduled for Senate Commerce, Labor, and Agriculture on March 27th.

SB 2318 by Ketron, HB 1983 by DuBois—Empowers "local law enforcement agencies" to enforce current TN law that makes it "unlawful for any person...to knowingly employ...any individual who has illegally entered the United States." (see fiscal note with clarification of federal preemption) The TN Association of Police Chiefs and the TN Municipal League will likely issue statements opposing this bill. Scheduled for House Consumer & Employees Affairs, and will likely be deferred to a special "immigration" calendar.

Unequal Application/Protection of the Law for Certain Immigrants

SB 24 by Jackson, HB 2212 by Cobb —Turns a civil violation of federal immigration law into an aggravating factor for sentencing in certain crimes; requires mandatory sentencing.

SB 91 by Jackson, HB 1107 by Buck—Makes being "in this country illegally" an aggravating factor for sentencing in capital crimes.

SB 1652 by Jackson, HB 1117 by Buck—Creates Class C felony for knowingly providing false documents for public benefits.

Resolutions that Mischaracterize Immigrants or Immigration—The most comprehensive financial analysis of the impact of illegal immigration on a state's budget and economy was conducted in Texas, and examined "gross state product, revenues generated, taxes paid and the cost of state services." The Texas Comproller found that without undocumented workers in 2005, there would have been "a loss to our gross state product of $17.7 billion. Undocumented immigrants produced $1.58 billion in state revenues, which exceeded the $1.16 billion in state services they received." (Read report here)

SJR 61 by Cooper—Requests TN's congressional delegation re-deploy TN National Guard from Iraq to the US border.

HJR 52 by Turner M—Creates study committee to assess fiscal impact of illegal immigration on public schools, job market, government translation services, and healthcare; does not include assessment of increased economic growth, broadening of the tax base, secondary job creation, or increased sales/property tax revenues.


If you have questions or comments about the above legislation or would like to know how you can support TIRRC issue campaigns, please contact Stephen Fotopulos at stephen@tnimmigrant.org.

http://www.tnimmigrant.org/TN_Coalition ... l_list.htm

http://www.tnimmigrant.org/TN_Coalition ... /Bills2007