TN Immigrant Legislation Update
From the Tennessee Immigrant Rights and Refugee Coalition . . .
TN Legislative Update
Posted by: "Stephen Fotopulos" stephen@tnimmigrant.org
Mon Apr 16, 2007 8:29 am (PST)
Dear Supporters,
The TN Legislature will be finishing up committee and subcommittee meetings in the coming weeks, and most of the 40+ anti-immigrant bills are now finding their way to committee calendars. This is another busy week at Legislative Plaza.
(Please follow this link for a short list of bills on the move: http://www.tnimmigrant.org/TN_Coalition/Legislation/Bills2007short.html)
The bill to eliminate the driving certificate program (SB 1968 by Kyle, HB 1827 by Turner M,
The bill that would allow the TN Highway Patrol to enforce federal immigration laws (SB 1604 by Norris, HB 491 by Gresham
We are also closely monitoring the following four bills, which would be particularly harmful to Tennessee's immigrant community and detrimental to the interest of all Tennesseans. If you would like to visit the legislature to oppose these bills (or possibly testify against them in a committee), please let me know.
SB 576 by Burks, HB 1216 by Fincher
* Mandates that the Governor enter into a Memorandum of Understanding (MOU) with the US Immigration and Customs enforcement agency (ICE) and designate state "peace officers" as immigration enforcement agents.
* Mandates that state and local jailors check immigration status of certain arrestees, with no provisions for training.
* Requires that public employers and contractors use the Basic Pilot program to verify work authorization of employees. According to the Social Security Administration, the Basic Pilot program includes 17.8 million records with substantive data errors
* Imposes tax penalties on any employer or small business that fails to use the Basic Pilot program. Although the House sponsor has suggested this bill would only affect state employers, it provides significant tax penalties for any small business that does not have the training or capacity to implement the Basic Pilot program.
* Requires state and local employees to check immigration status for government services. Undocumented immigrants are barred from most entitlement programs, except for those mandated by federal law. Administrative obstacles to government services promise to impact all Tennesseans with higher costs, decreased efficiency, and the accidental denial of services to qualified applicants. "Colorado's new law banning state spending on illegal immigrants has cost more than $2 million to enforce-and has saved the state nothing" (State Budget Report in the Denver Post
SB 2318 by Ketron, HB 1983 by DuBois
* According to the fiscal note
* It's interesting to note-as perhaps an indication of any state's competence to regulate federal immigration policy-that current TN law prohibits hiring an immigrant who illegally entered the country, but later adjusted his/her status and is now authorized to work. The law allows hiring an undocumented immigrant who entered the country legally, but overstayed a visa and is not authorized to work.
* An Attorney General's opinion should address the questions, "Does current TN law (50-1-103, Employment of illegal aliens) contradict the specific preemption clause in 8 U.S.C. § 1324a(h)(2)
SB 193 by Burchett, HB 600 by Turner M
* The regional office of the US Citizenship and Immigration Service is located in Memphis, TN, serving immigrants and their families from Mississippi and Arkansas. Is it now a crime to drive your immigrant spouse to an appointment at the USCIS office, if you know their tourist visa has expired and you're attempting to adjust their status?
* Is the foreman of a highway work crew now responsible for the immigration status of everyone in his truck?
* Is a cab driver near Bristol, TN, required to check the immigration papers of a foreign-looking customer, if they happen to start the trip on the Virginia side of town? How would that cab driver interpret an asylum-seeker's letter from an immigration judge, explaining that her asylum case is being reviewed?
* How will this new law be enforced? Are police officers and sheriff's deputies now allowed to pull over cars with out-of-state tags-or car with foreign-looking occupants-to interrogate people about their immigration status? Knowing that the Immigration and Customs Enforcement agency requires 5 weeks of training before officers can enforce federal immigration law, what type of training will local police officers receive to enforce this law?
* If it serves the interests of the state to target the smuggling of undocumented workers, than it should pass a bill that deals with smuggling. This bill creates a blanket legal burden for tens of thousands of people who drive into TN every day.
SB 252 by Haynes, HB 66 by Turner
* According to the National Employment Law Project, SB252 is clearly out of step with federal law. "For many years, federal courts have held that to deprive undocumented workers of wages owed them for work performed under the federal minimum wage law, the Fair Labor Standards Act (FLSA), would encourage unscrupulous employers to seek them out, and would be inconsistent with the goals of restricting illegal immigration...It would also reward employers who violate both immigration and labor laws by hiring and then taking advantage of undocumented immigrant workers by giving them free labor. It would be out of step with state policy across the United States, as well as federal labor and immigration policies" (read NELP analysis of SB252 with case law)
* The Kansas Supreme Court determined in March, 2007, that wages cannot be denied to a worker, regardless of immigration status. "To deny or dilute an action for wages earned but not paid on the grounds that such employment contracts are 'illegal,' would thus directly contravene the public policy of the state of Kansas," Justice Lawton Nuss wrote in the court's opinion. (Associated Press
* According to the fiscal note
Stephen Fotopulos
Policy Director
Tennessee Immigrant & Refugee Rights Coalition
www.tnimmigrant.org
615.833.0384
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