Thread: Worksite Enforcement by State Governments

Hello,

I have a question. Can state governments do worksite enforcement, without the cooperation of the federal government? Can they go to a business, make sure that that business is complying with state and local licensing, codes, health standards, and ordinances, and arrest people who are illegally employed? And also fine owners who are breaking the law?

If they can arrest those illegally employed, do they have to turn them over to ICE? Or, could they technically make them serve a jail term, and then turn them over to ICE at the end of the term?

If states can do worksite enforcement, do you know examples of states that have done it?

I've heard that states like New Hampshire are trying to put bills through about workplace enforcement, but I always thought states had an inherent right to enforce their own laws. Unless the problem of illegal aliens is beyond the power of the state governments? I don't know.

Thanks,

Joe

I'm sure each state is different. Your best bet is to state with your State Department of Labor.

If they can arrest those illegally employed, do they have to turn them over to ICE? Or, could they technically make them serve a jail term, and then turn them over to ICE at the end of the term?

More likely civil fines instead of arrests. There are an awfull lot of overcrowded jails right now. If we start talking lots of arrest then they will quickly run out of room at the jails. However, from what I've seen with those that are arrested, if an immigration violation is all that there is to the situation, the offender is deported. If there is a serious crime involved, the offender is sentenced and serves what jail time is given and then turned over to ICE for deportation.

Each state is different, but ultimately it comes down to what local government will allow the police forces to do. In our county (Multnomah) in Oregon, they are not even allowed to ask if a person is illegal or legal, the local big wigs and liberals have decided that is "racial profiling".
So local police can have a suspicion, but any arrests must be made on the basis of another crime, thus if the person is illegal, then ICE will be motified, whether of not they do something about it is another ball of wax!!!

Another problem in our state and county is jail beds. If the crime in which the illegal was picked up for is not "violent" or "threatening to society" enough, then they will be booked and released, and ICE might be notified, but they will ultimately lose track of that individual.