Thread: VA: A Good Immigration Law

A Good Immigration Law

2008-02-15




By Mark Obenshain

There is no pleasing some people. Over the past month, I have worked closely with a broad cross section of business and political leaders, crossing political lines to craft a reasonable bill to address employers that have been convicted of willfully and deliberately engaging in a pattern and practice of employing illegal immigrants in violation of federal law. These employers should face the loss of their privilege of operating in Virginia.

Last week, when the governor was in Harrisonburg, he commented that the bill struck him as reasonable. This week the bill passed the Senate on a bipartisan 34-6 vote. The bill is supported by "Virginia Employers for Sensible Immigration Policy," a group that includes the National Federation of Independent Businesses, Virginia Homebuilders Association, Virginia Chamber of Commerce, Virginia Hispanic Chamber of Commerce, Virginia Poultry Federation, Virginia Agribusiness Council, Virginia Hospitality and Travel Association, and the list goes on.

All of these groups are satisfied that the legislation targets the worst of the worst - employers who deliberately violate federal immigration law to exploit their employees and gain unfair advantage over law-abiding competitors.

Notwithstanding the broad support for this bill, it still has its detractors. On Saturday, I received an intemperate e-mail from one business owner, furious at the prospect that Virginia would withdraw its welcome mat for businesses criminally convicted in Federal court of a pattern or practice of willfully and deliberately employing illegal immigrants in violation of federal law.

This correspondent wrote, "I am infuriated that you are still trying to pass your damn bill ... As I said before, you and your buddies are nothing more than hypocrites ..." This particular business owner is either hopelessly confused or else he believes that it is his right to disregard federal immigration laws with absolute impunity.

The overwhelming majority of American employers are very responsible and respectful of the law. The federal government has made it easy for responsible, law-abiding employers to fulfill their obligations under our immigration laws. In fact, the government actually makes it difficult for employers to fire employees after learning that their documentation is phony.

Employers who find themselves targets of federal criminal prosecution are those who do not even make a pretense of complying with federal law. They are a very small minority of employers that intentionally hire and exploit illegal aliens in order to get cheap labor and an unfair competitive advantage over their law-abiding competitors.

In November, federal prosecutors charged a Newport News seafood company and its owners with having knowingly employed 126 illegal aliens over the past four years and disregarding warnings from the Coast Guard and the IRS.

Published reports say that the company's employees actually instructed the illegal workers how to obtain authentic-looking employment papers. Also charged was a member of the Coast Guard who was accused of giving company officials "tips" as to how to avoid capture. If the charges against this seafood company are true, this is precisely the type of bad actor Virginia should not tolerate.

These employers do not pay prevailing wages or benefits; they use their illegal workforce to sell their products or services at lower prices. By intentionally and deliberately hiring illegal aliens, as has been charged in the Newport News seafood case, these particular employers can avoid paying minimum wage, payroll taxes, workers compensation insurance, overtime, and other legally mandated benefits. In addition to the competitive advantages they gain, these bad actors also force taxpayers to pick up the tab for healthcare, education, and other public benefits for their employees.

America is a nation of immigrants. Much of America's greatness arises from the diverse populations who came to our shores to make better lives for themselves and their families. Through the centuries, America has been built, protected, and strengthened by the blood, sweat, and tears of immigrants, whom many of us call our ancestors.

We are, however, a nation of laws. Because our borders are not secure and because the federal government is halfhearted, at best, in enforcing our immigration policies, the issue of immigration has become increasingly complex and emotionally charged.

I am pleased that employers and policymakers can agree that those employers that willfully and deliberately violate the law will not be welcome in Virginia.


www.dailynews-record.com

This is really good news. Its past time Virginians woke up. Its good to see they're doing the right thing.

I have family in Virigina and they have been disgusted with the immigration problem for a long time. The Amercan people have had it.

I'm glad to see their waking up!