Miss. law on illegal workers unclear
Agencies haven't decided which will investigate
By Daniel Connolly (Contact), Memphis Commercial Appeal
Wednesday, July 16, 2008

A new Mississippi law meant to crack down on the employment of illegal immigrants appears tough, but it's unclear how the state will enforce the measure, which went into effect July 1.

And one organization that represents large employers supports a bill that will modify the new law.

The new law requires employers to use the federal E-Verify electronic system to check that job applicants have legitimate documents. It also makes it a felony for illegal immigrants to work in the state.

Companies can face penalties including the cancellation of public contracts and the loss of their license. And illegal immigrants could face up to five years in jail or a fine up to $10,000.

But the law is vague about who would investigate and prosecute offenders.

The law says five state agencies could potentially enforce the measure.

The task would likely fall to the Mississippi Department of Employment Security, said the lawmaker who authored the bill, State Sen. Michael Watson, R-Pascagoula. "They're mentioned in (the bill) I think more times than the other agencies," he said.

But Stan McMorris, who's handling implementation of the new law for the Department of Employment Security, said his agency can't do that.

"I do not see our agency involved in any type of investigation, because we do not have any kind of investigative arm," he said.

McMorris said he assumed his staff would refer cases to the state attorney general's office, but said the agencies hadn't discussed this yet.

The question of enforcement matters because illegal immigrants who don't commit crimes have historically faced little pressure in the interior of the country, despite strong federal laws against their presence and their employment.

Critics of illegal immigration argue that light federal enforcement has helped immigrants establish themselves here, and their frustration has helped lead to new state laws on the matter.

Work site raids and deportations of illegal immigrants who commit crimes have increased in recent years, but still represent only a small slice of the millions of illegal immigrants believed to live in this country.

The Mississippi law was also criticized by groups including the Mississippi Immigrant Rights Alliance, which called it "one of the most racist bills passed in Mississippi since the passage of Jim Crow laws" in a letter to Miss. Gov. Haley Barbour. The group said it was a cruel measure aimed at immigrants fleeing poor conditions in their home countries.

Aside from the questions about enforcement and morality, some business leaders are confused about other elements of the law, said Jay Moon, president and CEO of the Mississippi Manufacturers' Association.

"There's still lots and lots of questions out there by employers," he said.

For instance, the bill says that businesses with more than 250 workers would have to comply immediately, with smaller companies phased in until 2011. But it doesn't specify to which employees this referred.

A bill floated in a special session of the legislature would have cleared up this issue, and made other changes, including creating an appeals process and exempting employers from responsibility for workers hired by third parties.

But it didn't pass.

Watson, a freshman legislator, said implementation of the law might go through some "growing pains" in the next few years.

He said he pursued the legislation because constituents often mentioned concerns about illegal immigration during his door-to-door campaigning last year. And he cited a report that said illegal immigrants are costing the state money in services.

"We just want to make sure we can do something to make a positive difference," he said.

State immigration laws

Mississippi is one of several states that have passed new laws meant to get tougher on illegal immigration.

A Tennessee law now in effect would revoke the business licenses of employers who knowingly hire illegal immigrants. But the law clears companies if they can show that illegal immigrant employees used fake documents to get jobs, a common practice. They're also protected if they check documents through a federal database.


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