http://www.contracostatimes.com/mld/cct ... 011849.htm

Frustrated by Washington, California legislator pushes state work permit
4/01/07

SACRAMENTO, Calif. - A California assemblyman who says he's tired of waiting for Congress to change immigration laws has come up with his own bill to provide a "California work permit" to undocumented workers for three years.

Assemblyman Rick Keene, a Republican from Chico, introduced his proposed "Employer Security and Accountability Act" to the Assembly's labor committee last week.

The bill - which some experts say is patently unconstitutional - would create a state work permit for non-U.S. citizens, including undocumented workers. It would require employers to ask to see the permits and verify them through a state "hotline." Employers could face a $10,000 fine for failing to comply.

The proposed law would also garnish 8 percent of the wages of undocumented workers - exempting legal immigrants - to contribute to California's general fund to help pay for public education, police, health and other services. If undocumented workers don't become legal residents within three years, Keene said, they would lose the permit.

"The Congress has been saying it's going to address this issue, but they're doing nothing about it," Keene said. "Frankly, personally, I'm frustrated with sitting here waiting for them to do something about immigration."

Congress has resumed debate on immigration reform again, Keene acknowledged. But as the 2008 presidential campaign heats up, he said, politicians will steer clear of any firm stance on immigration reform for fear of that position being unpopular.

Keene said he's not trying to resolve the federal immigration crisis, and doesn't have a position on what kind of reform he wants Congress to enact. He introduced the bill Thursday.

He said he is trying to address constituents' concerns in his district, while also trying to address the perception that many illegal immigrants work under the table and don't pay into the tax system.

Bill Hing, a University of California at Davis specialist in the history of immigration law, said some research shows that most illegal immigrants pay taxes through their jobs. Regardless, he said, Keene's bill is dead on arrival because the state has no power over immigration law.

"It's a nice swing, but I think it's a strike," Hing said. "But it's very interesting. It's sort of the opposite of anti-illegal-immigrant ordinances."

Some U.S. cities have passed laws to make illegal immigrants feel unwelcome, including ordinances Hing predicted will be found unconstitutional in court challenges.

Some ordinances forbid a language other than English while conducting government business. Others, under threat of local penalties, require businesses to verify the legal status of people they want to hire or to whom they want to rent housing.

Carl Borden, an attorney with the California Farm Bureau, said his trade group supports work permits - but wants the federal government to soon act to issue them.

"It's just going to create confusion," Borden said of Keen's bill, and "false hope" among those rooting for Congress to approve a legalization of certain undocumented workers and new guest-worker visas.

Keene admitted his state bill is "a sticky issue."

He brushed aside constitutional questions, though, calling his proposal a "stopgap measure." While Congress debates, he said, his bill would provide employers who hire many undocumented workers a secure labor force, while guaranteeing that workers contribute money for public services.

Keen said estimates for how much illegal immigrants cost the state's public coffers are unreliable. But he's convinced that an underground economy exists, with wages paid under the table, and that this activity should be brought to the surface and taxed.

"I have folks who want to contribute, they want to pitch in," he said, referring to undocumented workers in his district. They don't want to be "scapegoated" because people think they don't pay into the system, he said.

Keene's large rural district is home to many businesses that hire immigrants, including farms, construction companies, landscapers and hotels. Employers tell him, Keene said, that they can't tell whether documents are real or fake. A state permit, he said, might be designed to prevent forgeries.

"All the employers I have talked to say they would like a way to be in compliance with the law," Keene said.

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