Jeanfromfillmore
06-10-2011, 01:08 AM
Law to punish illegal immigrant hires
As of June 8, there are more than 140,000 illegal immigrants in Tennessee, with more than 110,000 in the state’s workforce, according to conservative estimates.
Not only do we have to secure our borders and lessen the financial impact to taxpayers caused by illegal immigration, we also have to shut off the jobs magnet that draws people to the state to work illegally. Legislation sponsored by Rep. Joe Carr, myself and other legislators calling for employers to use E-Verify to ensure new hires are in the state legally, aims to address these concerns. The bill was signed into law by Gov. Bill Haslam on June 7.
Fifteen states, including five that are adjacent to Tennessee, require the use of E-Verify for public or private employers. Another 25 states are considering similar legislation, and that number may grow because of the U.S. Supreme Court decision last month that had the practical effect of upholding the right of states and local governments to require employers to use E-Verify.
Vigilant enforcement of immigration laws in the workplace is an integral part of any successful immigration-reform package. A stolen, borrowed, or made-up Social Security number is the most common way for an illegal immigrant to game the system. E-Verify, an Internet-based system operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration, is the best tool to detect fraud. Under this system, employers can electronically verify the employment eligibility of a new hire by entering their name and a Social Security number. It is free to employers in all 50 states, including Tennessee, where more than 4,000 businesses have already voluntarily participated in the system.
License option made for small businesses
The legislation applies to businesses with more than five employees, so that a small family-owned business would not be affected. The new law also allows businesses to opt to obtain a copy of a new hire’s driver’s license if they do not want to use E-Verify. To get a Tennessee driver’s license, an applicant must present a birth certificate or other specific documentation, providing a high level of assurance that the worker is here legally.
Although businesses can opt to keep a copy of the employee’s driver’s license on file, the new law provides that the only way for employers to have a safe harbor if the worker is later found to be in the country illegally is to use E-Verify. This is because E-Verify system is almost “fail-proof,” with a 97.7 percent accuracy rate.
The measure penalizes businesses for violation of the law with escalating consequences for repeated offenses, including the potential loss of their business licenses. It will make subcontractors more accountable by making them get photo identification for IRS 1099 non-employees.
The vast majority of employers in Tennessee work very hard to ensure that their workers are here legally. They need an easy and reliable way to see if their employees are legal to work. Tennessee’s new E-Verify law provides that mechanism, while putting those who do not comply on notice that that there will be strong consequences for their actions. In the process, with the state’s unemployment rate at 9.6 percent, it will provide more jobs for Tennesseans — or those who are here legally.
State Sen. Jim Tracy, R-Shelbyville, represents Bedford, Moore and part of Rutherford counties.
http://www.tennessean.com/article/20110610/OPINION03/306100038/Law-to-punish-illegal-immigrant-hires
As of June 8, there are more than 140,000 illegal immigrants in Tennessee, with more than 110,000 in the state’s workforce, according to conservative estimates.
Not only do we have to secure our borders and lessen the financial impact to taxpayers caused by illegal immigration, we also have to shut off the jobs magnet that draws people to the state to work illegally. Legislation sponsored by Rep. Joe Carr, myself and other legislators calling for employers to use E-Verify to ensure new hires are in the state legally, aims to address these concerns. The bill was signed into law by Gov. Bill Haslam on June 7.
Fifteen states, including five that are adjacent to Tennessee, require the use of E-Verify for public or private employers. Another 25 states are considering similar legislation, and that number may grow because of the U.S. Supreme Court decision last month that had the practical effect of upholding the right of states and local governments to require employers to use E-Verify.
Vigilant enforcement of immigration laws in the workplace is an integral part of any successful immigration-reform package. A stolen, borrowed, or made-up Social Security number is the most common way for an illegal immigrant to game the system. E-Verify, an Internet-based system operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration, is the best tool to detect fraud. Under this system, employers can electronically verify the employment eligibility of a new hire by entering their name and a Social Security number. It is free to employers in all 50 states, including Tennessee, where more than 4,000 businesses have already voluntarily participated in the system.
License option made for small businesses
The legislation applies to businesses with more than five employees, so that a small family-owned business would not be affected. The new law also allows businesses to opt to obtain a copy of a new hire’s driver’s license if they do not want to use E-Verify. To get a Tennessee driver’s license, an applicant must present a birth certificate or other specific documentation, providing a high level of assurance that the worker is here legally.
Although businesses can opt to keep a copy of the employee’s driver’s license on file, the new law provides that the only way for employers to have a safe harbor if the worker is later found to be in the country illegally is to use E-Verify. This is because E-Verify system is almost “fail-proof,” with a 97.7 percent accuracy rate.
The measure penalizes businesses for violation of the law with escalating consequences for repeated offenses, including the potential loss of their business licenses. It will make subcontractors more accountable by making them get photo identification for IRS 1099 non-employees.
The vast majority of employers in Tennessee work very hard to ensure that their workers are here legally. They need an easy and reliable way to see if their employees are legal to work. Tennessee’s new E-Verify law provides that mechanism, while putting those who do not comply on notice that that there will be strong consequences for their actions. In the process, with the state’s unemployment rate at 9.6 percent, it will provide more jobs for Tennesseans — or those who are here legally.
State Sen. Jim Tracy, R-Shelbyville, represents Bedford, Moore and part of Rutherford counties.
http://www.tennessean.com/article/20110610/OPINION03/306100038/Law-to-punish-illegal-immigrant-hires