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Immigration law a costly victory?
Suffolk set to pass it, but why?


September 19, 2006

The single-minded pursuit of a local solution to a national problem has brought Suffolk County Executive Steve Levy right up to the brink. The county legislature is expected to vote today for his bill to make sure contractors do not hire illegal aliens. It could turn out to be an expensive victory.

To be fair, Levy is not the only local official frustrated by the federal government's failures on this issue. Still, his proposal carries a real risk of spawning lawsuits that could cost Suffolk taxpayers money. That would run counter to his image as a frugal guardian of the public purse. It also would create inconsistency with surrounding counties.

The problem is that immigration is an issue that Congress reserves to itself. Federal law already requires employers to verify the immigration status of their workers. Levy's bill would add a requirement on firms with county contracts: They'd have to submit affidavits to certify that they have complied with the federal law, or face county penalties. But that same federal law also preempts state and local laws.

Both Levy's county attorney and the counsel for the legislature say there's no preemption problem. But suppose they are wrong. Or suppose someone sues over one of the sections of Levy's bill that legislative counsel concedes "may be vulnerable to legal challenge." How much will it cost the county to battle the lawsuits? How much will enforcing the the law cost? One enforcement estimate from the legislature is as high as $300,000. Is Levy ready to spend that much?

Levy probably has the votes, because legislators don't want to be seen as soft on illegal immigrants. But it won't accomplish much, other than to add shine to his image as the people's valiant defender against the undocumented - a reputation he seems to cherish almost as much as the more valid one for frugality. Here's the bottom line: Levy's real job is controlling spending, not immigrants.