Lawmakers debate Montana's need for immigration reform

By MOLLY PRIDDY • For the Tribune • March 29, 2009

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HELENA — As the state's economy stumbles, lawmakers fear a new threat to Montana's businesses and workers: illegal immigrants.
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Nobody really knows how many undocumented immigrants live and work in Montana, but everyone agrees the number is tiny, perhaps less than half of 1 percent of the population.

However, several immigration bills have quietly passed the state Senate, where sponsors fear an imminent explosion of illegal workers and want laws to punish those who hire or protect them. Opponents fear the bills will lead to discrimination and racial profiling.

Sen. Jim Shockley, R-Victor, a sponsor of several immigration bills, said his focus is on those who hire illegal workers.

"It's all about 'illegal,'" he said.

Illegal immigrants themselves are not the "bad people," he said, but they do get exploited by employers who pay below-minimum wages and dodge paying for overtime, benefits and workers' compensation.

"How can an honest employer compete with somebody who's cheating?" Shockley asked. "It's about wages and jobs."

Jamee Greer of the Montana Human Rights Network said the bills are offensive and unnecessary.

"They're institutionalizing fear ...," Greer said. "There's not an illegal immigrant problem in Montana. It's just one of those perennial things that keeps coming from the right."

Sen. Christine Kaufmann, D-Helena, said the immigrant bills are part of a conservative national agenda.

"All of these bills are pieces of a national model that is put out by anti-immigrant groups," she said.

Kaufmann said the legislation is essentially racist because it creates fear and discrimination toward dark-skinned people.

"I don't think anyone here is racist," Kaufmann said of her Senate colleagues. "But (the bills) are part of a racist agenda."

National Census data estimates that there are between 4,000 and 5,000 documented and undocumented immigrants in Montana. Shahid Haque-Hausrath, an attorney in border-crossing law in Helena, said precise numbers on undocumented immigrants are impossible to calculate, but noted the estimates for Montana are minuscule compared with other states.
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However, Sen. Gary Perry, R-Manhattan, who is sponsoring several immigration bills, said Montana could see an increase in illegal immigration soon.
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"We are already experiencing problems here in Montana, particularly with illegal aliens working around Big Sky in Gallatin County," Perry said.

Illegal immigrants give their employers an unfair marketplace advantage, he said.

"It's important to take steps before the problems of Southern California arrive in Montana," Perry said.

Haque-Hausrath, who works with Gallatin County immigrant workers, said they are largely documented laborers brought in on work visas. He agrees that the companies who bring in foreign labor should be scrutinized, but said the workers should not be penalized.

"By redirecting everything at undocumented immigrants, you're sidestepping the issue," Haque-Hausrath said.

The Senate immigration bills take different approaches to the issue.

Shockley's Senate Bill 381, which passed 26-24, would train state employees and law enforcement officers to help federal officials enforce federal immigration laws. That's necessary because there are few federal immigration employees in Montana, Shockley said.

"We can't afford to hire immigration officers to do it," he added.

But Haque-Hausrath said the proposed legislation would invite racial profiling. Local police trained to enforce immigration laws would have difficulty deciding whom to pull over or ask for papers, he said.

"An undocumented driver doesn't look any differently than a documented driver," Haque-Hausrath said. "It's going to require them to skirt the edges of racial profiling."

Shockley's SB382 would prohibit state and local governments from enacting policies that inhibit federal investigations into individuals' immigration status.

Two of Perry's bills are still alive: SB379 would allow the government to seize any property used to harbor or transport illegal immigrants, and SB377 would prohibit Montana companies from taking tax deductions for any money paid to illegal immigrants. SB377 passed 33-17.
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Opponents to Perry's and Shockley's bills say they stem from national rhetoric that followed the Bush administration's failure to pass comprehensive immigration reform.
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Starting in 2003, members of Congress sponsored several bipartisan attempts to create a guest-worker program, which would allow foreign workers to obtain visas for jobs that American employers could not otherwise fill.

But U.S. House Republicans replaced the guest-worker program with legislation to deport all illegal immigrants and to make it a felony to help them. Conservatives also blocked legislation to help immigrants obtain citizenship.

Comprehensive reform has been elusive since then.

Kaufmann said she supports national immigration reform, but added that human rights extend across borders.

"People have rights, not just citizens of a country," Kaufmann said.

Perry said the idea that racism is motivating the proposed state legislation is "baloney."

"Is it not a valid reason that we should support federal laws in our own state?" Perry said. "There's nothing racist about it."

Shockley said his legislation isn't aimed at immigrants, but at the people who illegally employ them. He said he didn't know about the conservative national movement until this session.

His bills reflect his personal views, he said, but added that a staffer may have used information from conservative national organizations to write the bills.

"Some of this stuff probably came from those organizations," Shockley said. "That doesn't necessarily mean they're bad."

He also said it is not uncommon for bills to be modeled on existing statutes.

Opponents contend that Shockley's and Perry's bills are nearly identical to those that can be found on the Web site of the Federation for American Immigration, which they consider an anti-immigration group.

SB381 and SB382 are in the House Judiciary Committee and have yet to be voted on.

However, Sen. Gary Perry, R-Manhattan, who is sponsoring several immigration bills, said Montana could see an increase in illegal immigration soon.
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"We are already experiencing problems here in Montana, particularly with illegal aliens working around Big Sky in Gallatin County," Perry said.

Illegal immigrants give their employers an unfair marketplace advantage, he said.

"It's important to take steps before the problems of Southern California arrive in Montana," Perry said.

Haque-Hausrath, who works with Gallatin County immigrant workers, said they are largely documented laborers brought in on work visas. He agrees that the companies who bring in foreign labor should be scrutinized, but said the workers should not be penalized.

"By redirecting everything at undocumented immigrants, you're sidestepping the issue," Haque-Hausrath said.

The Senate immigration bills take different approaches to the issue.

Shockley's Senate Bill 381, which passed 26-24, would train state employees and law enforcement officers to help federal officials enforce federal immigration laws. That's necessary because there are few federal immigration employees in Montana, Shockley said.

"We can't afford to hire immigration officers to do it," he added.

But Haque-Hausrath said the proposed legislation would invite racial profiling. Local police trained to enforce immigration laws would have difficulty deciding whom to pull over or ask for papers, he said.

"An undocumented driver doesn't look any differently than a documented driver," Haque-Hausrath said. "It's going to require them to skirt the edges of racial profiling."

Shockley's SB382 would prohibit state and local governments from enacting policies that inhibit federal investigations into individuals' immigration status.

Two of Perry's bills are still alive: SB379 would allow the government to seize any property used to harbor or transport illegal immigrants, and SB377 would prohibit Montana companies from taking tax deductions for any money paid to illegal immigrants. SB377 passed 33-17.

Opponents to Perry's and Shockley's bills say they stem from national rhetoric that followed the Bush administration's failure to pass comprehensive immigration reform.
Advertisement
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Starting in 2003, members of Congress sponsored several bipartisan attempts to create a guest-worker program, which would allow foreign workers to obtain visas for jobs that American employers could not otherwise fill.

But U.S. House Republicans replaced the guest-worker program with legislation to deport all illegal immigrants and to make it a felony to help them. Conservatives also blocked legislation to help immigrants obtain citizenship.

Comprehensive reform has been elusive since then.

Kaufmann said she supports national immigration reform, but added that human rights extend across borders.

"People have rights, not just citizens of a country," Kaufmann said.

Perry said the idea that racism is motivating the proposed state legislation is "baloney."

"Is it not a valid reason that we should support federal laws in our own state?" Perry said. "There's nothing racist about it."

Shockley said his legislation isn't aimed at immigrants, but at the people who illegally employ them. He said he didn't know about the conservative national movement until this session.

His bills reflect his personal views, he said, but added that a staffer may have used information from conservative national organizations to write the bills.

"Some of this stuff probably came from those organizations," Shockley said. "That doesn't necessarily mean they're bad."

He also said it is not uncommon for bills to be modeled on existing statutes.

Opponents contend that Shockley's and Perry's bills are nearly identical to those that can be found on the Web site of the Federation for American Immigration, which they consider an anti-immigration group.

SB381 and SB382 are in the House Judiciary Committee and have yet to be voted on.
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