Ohio apparently will become the next state to consider legislation to require employers to verify the citizenship of prospective employees. Similar efforts have been established or are proposed in Oklahoma, Colorado, Georgia, Minnesota, Missouri, Nebraska, Rhode Island, Arizona, Mississippi, South Carolina and Utah, according to the National Immigration Law Center.
Ohio’s version of the law — dubbed the “Ohio Job Integrity Preservation Act” — was to be introduced this week by state Rep. Courtney Combs, R-Hamilton, and was announced last week in a press conference that included Combs and Butler County Sheriff Richard K. Jones. The bill is the latest volley in the high-profile campaign waged by Jones — and Combs, to a lesser extent — against illegal immigration.
To its credit, this bill finally recognizes the connection between any influx of illegal immigrants and the willingness of American businesses to hire them under the table as cheap laborers. The main targets of Combs’ bill are employers, and Jones — who says the measure will be “controversial” — promises that “fines will be pretty enormous. ... Maybe millions, maybe losing their businesses or going to jail.”
And maybe that’s why the U.S. Chamber of Commerce and other parties have challenged the law in Oklahoma where, earlier this month, a federal appeals court heard arguments from both sides. (Another court has upheld Arizona’s law despite challenges.)
Tellingly, local chamber of commerce officials have not yet endorsed the measure. Bill Triick, president of the Middletown area’s chamber, said questions about costs and time allowances for employers must be answered before the local business community can support the measure. A Combs spokesman said the federal “E-Verify” database used only requires an Internet connection and its tutorial takes an hour.
We, too, have concerns about the bill, but we’re pleased to see Jones’ stance on the immigration issue evolve and mature. Instead of persecuting the people who have been lured across borders by the promise of jobs, Jones and Combs are now taking dead aim at the businesses that hire undocumented workers.
Of course, this may be a problem that is being corrected by market forces. A report last week indicated that scattered anti-immigrant laws and the deepening economic recession have unexpectedly slowed the growth of the Hispanic and Asian populations in America. And with the national unemployment rate approaching double digits, it’s no longer true that Americans won’t take the jobs that, many said, only immigrants would work, Combs says.
Here are a few questions and concerns we have about the bill:
• It requires employers to use E-Verify, which allows them to check Social Security and Homeland Security records “to ensure that a potential employee is legally able to work in the United States,” according to Combs’ office. Congress created E-Verify as part of an immigration bill in 1996, and most states still don’t require employers to use it, according to the Associated Press. The U.S. Chamber and other strange-bedfellows critics, such as the American Civil Liberties Union and labor unions, say the E-Verify system is unreliable and that Congress did not make it mandatory because it’s flawed. Questions about its reliability and other states’ experiences should be answered before Ohio considers mandating its use.
• What’s the hurry? With immigrant population growth slowing, why not allow the pending court cases to be resolved first? Why invite an expensive court battle here? Because similar bills in other states are controversial and have been challenged, the bill offered by Combs — and backed by Jones — appears to be a strong political statement, rather than thoughtful legislation.
• We’re also concerned about the bill’s provision that requires local jail officials in Ohio to make “reasonable efforts toward verifying the citizenship of all persons charged and confined within a jail,” and then notifying Homeland Security if citizenship can’t be established. Besides the obvious expense to local governments, this provision mandates that all local police agencies take the same aggressive — and controversial — anti-immigrant stances that Jones has adopted here. Columbus has no business telling local police departments how to run their jails or to do the federal government’s job.
The most serious concern we have about this bill is the unintended discrimination it could cause in workplaces across Ohio. If this bill becomes law, employers may find it much easier to simply skip over any job applicants whose names are of Hispanic or Asian origin — whether those applicants are here legally or not — rather than invite unwanted attention and possible fines. For that reason alone, the “Ohio Job Integrity Preservation Act” deserves critical scrutiny before state lawmakers give it serious consideration.
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12:38 AM, 10/23/2009
4:29 PM, 5/29/2009
1:21 PM, 5/29/2009
12:25 PM, 5/29/2009
The jobs are probably not on record and if they are using ss numbers that receive payments and taxes are taken out. You can't make up costs you don't know anything about like birthing? How starange? Are you Christian? You act like God. Schools have programs for many legals with help for English. The problem is huge. Don't play games and waste our money.
10:11 PM, 5/28/2009