NC lawmakers want businesses to check immigration



By EMERY P. DALESIO

The Associated Press

Saturday, June 18, 2011


RALEIGH, N.C. (AP) β€” The Republican-led General Assembly passed legislation Saturday that will require cities, counties and businesses to check the immigration status of new hires.

The House voted 67-45 to require employers and local governments to use the federal government's E-Verify records system to prevent illegal immigrants from landing jobs. The legislation makes exceptions for companies that employ fewer than 25 workers or use seasonal workers.

Gov. Beverly Perdue will decide whether to accept the measure or veto it.

North Carolina's state government, universities and community colleges have used for the federal system for five years.

"This is just common sense legislation that our people want. We need to pass it today and get it into law," said Majority Leader Paul Stam, R-Wake.

Bill sponsor Rep. George Cleveland, R-Onslow, said he was disappointed that the measure would only affect about 20 percent of the state's businesses since the rest are small firms with fewer than 25 workers. He said he'll push to include small businesses in the requirement to check for illegal immigrants since "they're the ones employing them."

The legislation allows people to anonymously report their suspicions that a company is employing an illegal worker. Filing a false complaint is a misdemeanor, but prosecution is not required. The state Labor Department would investigate complaints and would have the power to force companies to turn over records related recruitment, hiring, or termination policies as part of an investigation.

Employers have been prohibited for a quarter-century from hiring illegal immigrants, but enforcement has been spotty. Federal contractors and subcontractors were required to use E-verify beginning in 2009, but there is no national law requiring other companies use it.

North Carolina, Georgia, Tennessee and Virginia are among 16 states that require some use of E-Verify before hiring, according to the National Conference of State Legislatures. The U.S. Supreme Court ruled earlier this month that states could require employers to use E-Verify.

The North Carolina measure phases in the requirement over two years. Companies with 500 or more employees will be required to check immigration status from October 2012, while companies that employ 25 or more workers become required in July 2013.

Supporters said keeping people illegally in the country from taking jobs will free up positions for legal residents.

But Rep. Glen Bradley, R-Franklin, said since the measure does not require businesses to check the immigration status of current employees, and company owners who know they have illegal immigrants on their payroll could exploit them because they would find it hard to leave for a better job.

"It almost creates a kind of slavery," Bradley said.

Opponents said allowing people to remain anonymous when reporting suspicions could burden employers.

"All you have to do is if you have a competitor and you want to frustrate his operation ... all up and down the commercial chain here, people can file false complaints, they don't have to identify themselves and as a result you're going to have people running around looking for alleged violations that don't exist," said Rep. Larry Hall, D-Durham. "At the end of the day, you have form over substance."

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