Rep. Phil Hart’s, R-Athol, bill to help curb illegal immigrants from working in Idaho failed to clear committee Thursday due to questions over the licensing restrictions of the legislation.
The Hart plan focused on punishing employers who knowingly hire illegal immigrants and would have given a “three strikes” solution to the problem. Upon the first violation of the code, employers would have been required to terminate that employee and sign a court document saying they had done so. If the second infraction occurs, the employer would lose his business license for up to ten days. If an employer is caught a third time, he would lose his business license for up to one year, though the length of that punishment would be up to the judge presiding over the case. Employers who went three years between violations would have been able to have their strikes wiped off their record. Businesses with three strikes would not be allowed to close shop and morph into a new business to avoid the penalty, Hart said.
The bill also provided general misdemeanor penalties for workers who provided false identification to gain employment, as well as any person who aided that person in their efforts, such as a Department of Motor Vehicles clerk.
Employers could have found “safe harbor” under some parts of the Hart plan. Employers would not have been required to use the federal E-Verify system to determine the legal status of a new worker under the bill, but would have been strongly encouraged because it could have provided an absolute defense from prosecution for employers. If a worker was determined as legal by E-Verify, an employer could not face any prosecution. If an employer chose to use the federal I-9 verification system, which is required by the federal government anyway, the employer would have been able to show a “good faith” effort to verify employees, which would have also been a shield against prosecution.
Lawmakers offered sharp criticisms of the plan before the vote. Rep. Lynn Luker, R-Boise, questioned the fairness of pulling business licenses. He noted that though many of the businesses that operate in the state have business licenses in some form, not all do. He said that he was unaware of a license required to grow fruit. Luker was also skeptical of a prosecutor’s ability to keep track of all the licenses that could have potentially been involved.
“How would it be consistently applied?” asked Luker.
Hart said that under the 1986 Immigration Control and Reform Act, pulling business licenses is the only thing that the state could do to prevent employers from using illegal immigrant labor.
Rep. Ken Andrus, R-Lava Hot Springs, a farmer himself, was critical of the lack of enforcement outlined in the bill. Andrus asked Hart about the effects of raids upon dairy and fruit picking operations.
“What happens to the cows – does the Humane Society come in and milk the cows?” asked Andrus.
Several groups represented at the hearing opposed the legislation because they felt it isn’t the state’s duty to get involved in immigration. Brent Olmstead, representing the Idaho Business Coalition for Immigration Reform, and Alisha Clements, representing the Idaho Community Action Network (ICAN), echoed each other’s sentiments on the bill.
“The state does not issue green cards, the state does not issue passports … this is a federal issue,” said Olmstead.
Clements said ICAN members are in favor of comprehensive immigration reform, they don’t want to see an enforcement-only method of dealing with the problem. She said the bill “falls very short” of accomplishing that goal. She urged lawmakers to consider finding ways to bring illegal workers from the “underground economy” into the “real economy” so the state could reap the financial benefits of having more workers paying taxes.
Before voting, Andrus said he appreciated what Hart was trying to do, but he felt it went in to wrong direction.
“I would rather see a monetary penalty rather then a revoking of a license,” said Andrus. He added that all the lawmakers were for immigration reform, especially if it resulted in guest worker limits being raised to provide an adequate workforce for the state.
Luker offered a motion to gut the bill of the “three strikes” provisions and keep the sections on providing false identification for employment, but that move failed. The bill was then killed on a voice vote.
WHAT ELSE can Phil Hart do besides waste time money on poor migrants? can he give you work?? bring new factories into the countcy? Mr. Hart should find another line. NO ONE THAT IS/WAS AGAINST ALMIGHTY GOD’S CHILDREN SUCCEEDED. 16 OUT OF 18 REPUBLICANS THAT WERE AGAINST IMMIGRATION REFORM IN 2007 LOST THEIR SEATS, WHAT DOES THAT SAY? IT SAYS GOD DOES JUSTICE. MR HART FIND ANOTHER INSTRUMENT TO FIDDLE ON. NOT ALMIGHTY GOD’S CHILDREN.
you are right if they do this….I guess republican will become a miniority party leading to no where…….hahahahahaha
What is failed to be realized here gentlemen, is that someone is trying to do something constructive with regards to REFORM! Reform does not mean, ‘ah…let’s just declare amnesty.’ However, the majority of illegal’s and their advocacy groups believe that to be the case.
In reality folks, reform is a give and take process; negotiations as it were. The only problem with Hart’s bill is that it looks to punish big business through ensuring they’re doing the right thing — as required by law.
And yo’ gang–let’s keep God out of the reform process; this is a problem that is typical of humankind and only through lack of enforcement, bribery, and every instance of evil has it gotten to the point of 18 or so million illegal aliens.
Well, all I can say is that when other States start passing their laws, maybe Idaho can become like California! Hope the taxpayers there are happy and can afford the illegal aliens. Idaho can still look to Oklahoma, Arizona, Mississippi, Georgia, South Carolina, Missouri, Utah, Nebraska and a few other States if Idaho wants to do something. They are fed up with the illegal aliens.
http://www.azfamily.com/news/politics/Ariz-Senate-approves-sweeping-immigration-bill-84466657.html
If this passes, watch the States jump on this…..except Idaho.
http://www.illegalaliens.us/
What is the argument here? Every single alien “BROKE THE LAW!” Our Government, past & present, Republican & Democrat, have allowed the invasion of 20 to 30 million criminals and uneducated peons which is the largest invasion of any Nation, at any time, by any means & in direct violation of Article IV, Section IV of our Constitution.
This refusal to abide by our Constitution or enforce our Immigration Laws should be classified as Treason of the most foul kind, & as grounds for impeachment & trials for Treason!
Not only have they allowed the invasion, they force American tax payers to pay Billions on Billions of dollars to provide Welfare, Prison cells, Educate the invaders’ numerous children, and free medical care, at the same time the invading horde break numerous laws and massive document fraud, & are destroying our schools, hospitals, communities, culture and standard of living while Robbing, Raping, Killing & Assaulting American Citizens WAKE UP PEOPLE!
In the last 15 years millions of legal immigrants from Mexico have followed their dream to America. They respect our laws, culture, freedom, opportunity and people. They have gladly submitted to extensive criminal background checks and health checks. They have paid $1,000s in fees, proven financial responsibility, agreed to not be a financial burden on our nation, learned English and waited patiently to become citizens of the U.S. and pledge their allegiance to our nation. They are honest, have integrity and good character and are welcome additions to our community.
During the same time millions more have come from Mexico illegally to make more money. They have overstayed visas and stolen across our borders like sneak thieves, disrespecting our laws, culture and citizens. They are anarchists, further breaking our laws by using stolen Social Security numbers, fraudulent identity documents, driving without valid licenses or insurance, lying on I-9 forms and taking American jobs in an unholy alliance with criminal employers. They suck services and tax dollars from our economy and could care less about the very real and very extensive economic damage they have caused to American workers through lost jobs and reduced wages. They are dishonest with poor integrity and tarnished character. They have proven themselves to be unworthy of the most valuable citizenship in the world. The same defects invalidate honor for illegal aliens from any nation.
Of course, when it comes to greedy, criminal employers, you know who you are and apparently your safe for now to continue committing your crimes.
American Patriot- You’re joking, right. You don’t really belive that we should have absolutely no restrictions on the numbers of people that can enter this country. We have a high number of legal quotas, for immigrants to enter the USA. This is to ensure some sort of logical, orderly process to be able to assimilate immigrants into our society. We sure don’t want to Balkinize this nation. Amnesties only encourage more illegal immigration. No amnesty! No way! Remember 1986~S
. Stand up now America!
We see who is profiting and who is clearly going under and what’s so hard to see here .I am not against immigration. I am for the over hauling that is that if they work here they ought to pay in what we have too. They are also subject to all requirements to function in our society as we have too.
For those legally admitted
My Idea is to make a reasonably proposition that benefits that replenish S.S.I systems well as support the it while it having the weight of the baby boomers draw out of it.
Make fair competition, by legal requirements.
Give incentive to work toward a goal like we have to.
If a Natural born citizen has to be 18 before the legal right to vote then they ought not to vote till they have been here that Long.
After 5 years 25% eligibility in benefits providing they do not become criminals. If however they do become criminals they ought to be deported and loose opportunity for citizenship.
After 15years of good service and good taxes paid in to support the system they ought to receive 50% eligibility to all citizen benefits and the right to Vote. After 30 years of service they could then recieve75% citizen benefits. After 40 years of service 100%. (Although the times do not have to be this way it could be calculated by the cost we incur. leave that to the geniuses in that line I say Just do the math.)
All current laws about who get that opportunity should remain according to this nations needs of there service demand. (Those Laws are already in place).
We ought to enact mandatory e-verify and stiff fines for hiring of illegal immigrants.
Illegal Hiring of illegal immigrants
They ought to he held guilty for aiding and a bedding illegal fugitives. And accessory to any crime the immigrant bears on his criminal back ground check.
Illegal now here
Grand fathering in Ought to require evidence one has actually paid in to the system in order to receive exactly no more than that proven amount paid in .If you have not paid you should not receive benefits.
Then so there will be children and wives to consider(once again do the math geniuses)
The only people against the plan are those thieves who profit of them However the lower you go the lower you will have to go US Americans will compete and Break the law too
[...] proposal, which would have punished employers and expanded use of E-Verify here, and Hart’s plan to create a “three strikes” system for employers here. The text of McGee’s legislation is available [...]