Thread: State Enforcement of Immigration Law

Immigration is an issue that the federal government won't tackle in any credible way, so the cities and states are going to have to do it. So here is my modest proposal for tackling the problem on the state level:

· In keeping with Real ID Act, states will require persons to show citizenship or authorization to live and work here. If for any reason that an individual is here legally and does not have the right to work it shall be noted on the license.

· A database for all ID information be established and made available online, with the exception of an individual's address. There will be the picture of the individual that appears on the license, for verification of identity. There will be no data that is not on the license, except to show if the individual is a fugitive.

· When a person is hired, the employer will be required to access this database, by entering the applicant's information (name and license number). The employer will take this information directly from the driving license or state ID.

· If there is a match, there will be a verification of the information, including the picture of the individual on the license. The employer must verify that this in fact the same person.

· If there is no match or the applicant is not the same person, that individual cannot work. If the applicant has no license/ID, he/she cannot work.

· Employers will be legally responsible for this verification, and subject to criminal sanctions under state law and liability under the RICO Act for failure to comply.

This can be used to protect the American public from ID theft by illegal aliens and others. Fugitives, including illegal aliens, can be prevented from working. It does not set immigration policy. And because the employer is entering information that is already in possession, there is no violation of an individual’s privacy.

I am not an attorney, so I would leave it somebody else to hammer out the details. But I think that this could be made to pass constitutional muster. This is just an extension of the Real ID Act with no reference to immigration per se. And I believe that states would be willing to enact such laws. I think an initiative like this would easily pass in California, where we are sick and tired of the government doing nothing to fix immigration.

Hi there, KentClark - welcome aboard!

Yes, indeed - many good suggestions on the interior enforcement workplace verification issue.

Re:

I am not an attorney, so I would leave it somebody else to hammer out the details

I think there are many here that would specifically request that attorneys NOT be involved in writing the law(s). That's a big reason we're in the present mess!!! Your opinion is every bit the equal as anyone in Congress, POTUS, or anyone here.

Thanks for stopping by and jumping in with us.

Please note that in my proposal I have tried my best to not target anybody except lawbreakers, many of whom are illegal aliens. I also went to great lengths to do so in a manner that does not discriminate against anybody. A law that discriminates would and should be found unconstitutional.

I would hate to see such a law shot down by the court system. To prevent this I think that a lawyer's expertise might be necessary.

As I said earlier, I am not trying to write immigration policy. But I think that a state has the right to know that the people moving freely have the right to do so.

I would to add that failure to present valid ID information to a law enforcement would constitute prima facie evidence that this person is in a fugitive or in the state illegally. If the person has forgotten his/her ID the license number can be given to the officer for verification and the info can be accessed through my proposed database.