Tuesday January 5, 2010
Curbing illegal immigration
Posted: Monday, Jan 04, 2010 - 10:53:52 pm PST
By ALECIA WARREN

Legislators ready to address issue when they convene in Boise

The new Idaho legislative session kicks off next Monday, and some legislators have already set their sights on crafting bills to curb the hiring of illegal immigrants.

But questions remain on what will work, and what will garner support.

aIt's hard to say (if immigration legislation will pass), quite frankly," said Sen. Mike Jorgensen, R-Hayden Lake, a vocal opponent of illegal immigration. "The use of illegal immigration has been going on in Idaho for a long time."

Jorgenson has already drafted a bill for the upcoming legislation, with the aid of Chris Kobach, a former adviser to the U.S. Department of Justice.

Although Jorgensen wouldn't divulge details of the bill, he said it would resemble the one he proposed last year. That bill would have required all employers in Idaho to use E-Verify -- a free Internet background check provided by the federal government-- to confirm the status of recently hired employers.

"It costs nothing, and 98 percent of the time it reports back instantaneously and streamlines the process," Jorgensen said.

Under current state law, only employers contracted by the state are required to use E-Verify.

Some legislators have concerns.

Rep. Phil Hart, R-Athol, said he uses E-Verify at his own business, Alpine Engineering, but he worries that federal funding for the program is unpredictable.

"The government hasn't committed itself to a long-term basis of using E-Verify," Hart said.

He also thinks the system hampers employers, he added.

"You're supposed to hire the person first and then check them out," he said. "You could be looking at a two-week period of time. So you're hiring someone and training them, but you don't know if you'll be able to keep them."

Eagle Republican Rep. Raul Labrador, who is also running for Walt Minnick's District 1 seat, worries how Jorgensen's bill will be written.

Labrador said that Jorgensen's bill last year would have violated federal law by requiring employers to screen applicants before they were hired.

"There was a problem with his bill, and that's the only reason his bill was killed," Labrador said. "I think it's pretty clear to me that Jorgensen doesn't understand the immigration issue."

Jorgensen said that using E-Verify as a prescreening measure has never been his intent.

"I most definitely would love to use it for prescreening purposes, but there's a reality of how it works," he said.

Labrador and Hart are meanwhile planning to put forward their own bill to penalize employers who hire unauthorized workers.

Offenders' business licenses would be suspended or revoked, Labrador said.

"I think if people know that they could lose their license when they are knowingly hiring an illegal alien, people will be more concerned about following the law," said Labrador, an immigration lawyer.

Sen. Jim Hammond, R-Post Falls, said he expects illegal immigration will likely get attention this year in the Legislature.

"Now that health care has come to the forefront, there's even greater concern," he said. "We are struggling with our budget to meet the needs of our citizens, and we shouldn't be spending on people not legally in our country."

Sen. John Goedde, R-Coeur d'Alene, said he would support making E-Verify mandatory for all employers.

"I think it makes sense for employers to use every tool that's available to them to make sure they're hiring people legally," Goedde said.

Jorgensen said he's just worried about opposition from the agriculture industry, which relies heavily on guest labor.

"This is one of the state's largest employers," he said.

Brent Olmstead from the Idaho Business Association for Immigration Reform said industry members would only prefer to see legislation allowing a higher number of guest workers.

"What we want out of immigration reform is to fill the demand for labor," he said. "The agricultural, construction and hospitality trades all need guest workers, mainly because Americans in most cases will not take jobs that involve manual labor."

Some don't expect to see any change at all this year.

Rep. Jim Clark, R-Hayden, predicted the immigration issue will be pushed to the back burner while the Legislature focuses on budget issues.

"If it's got a fiscal impact, it won't get a hearing," Clark said. "I don't think it (immigration) is ranked at the top. At the top is money."


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