A proposal to increase penalties for providing or using fraudulent identification to get a job moved out of a Senate committee Friday but could see some changes in the future. Members of the Idaho Latino community and officials from some advocacy organizations objected to the legislation.
The legislation from Sen. John McGee, R-Caldwell, would add prison sentences of up to 14 years for creating false IDs used for gaining employment. McGee said the legislation would deal with people who employ illegal immigrants or help them get jobs. “It sends a message that if you’re going to falsify the documents, we’re going to make it more difficult for you,” he said. McGee added that the legal change could help Idahoans who are out of work. “If people are not here legally, and they’re using false documentation to gain employment, then they’re precluding Idahoans who are here legally from getting those jobs.”
The legislation would create three new criminal offenses. The stiffest would be a felony for falsifying public records for employment with punishment of up to $250,000 and 14 years in prison. It would also create two smaller misdemeanors. A person using false documents to get a job could receive penalties of up to $5,000 and two years in jail. Employers paying people using false documents could receive penalties of up to $50,000 and two years in jail.
The Senate State Affairs Committee voted Friday to put the legislation on the amendment calendar, which could lead to changes in the proposal. Senate Majority Leader Bart Davis, R-Idaho Falls, said he wants to consider adding a safe harbor protecting business owners from the misdemeanor if they use the E-Verify system to check the employment status of workers. “We do have a lot of employers who are using E-Verify voluntarily,” he said. Davis also wants an opinion from the Idaho attorney general on the constitutionality of the new offenses in the legislation. The state has other laws dealing with fraud, and the federal government manages immigration policy.
“I have no problem with those suggestions,” McGee told IdahoReporter.com. He said he would consider changes to the legislation. “I don’t think any piece of legislation is perfect.”
Senate Minority Leader Kate Kelly, D-Boise, was the only member of the committee to oppose sending the proposal forward. She said the new offenses would add confusion to state law. “The provisions of this bill add to our code an additional chapter where we already have provisions in place that address these issues,” she said. “In some cases, the provisions that are being added here are more lenient than the provisions that are in place in existing code.”
Brent Olmstead with the Idaho Coalition of Businesses for Immigration Reform said his group helped write the legislation. He said it was something that Idaho businesses could live with, but that they would like to see federal changes to immigration law. Olmstead said the bill targets people who help bring illegal immigrants into the U.S. “We hate the idea that people prey on the disadvantaged,” he said. “The intent we had here was not to cause any hardship to our friends in the Latino community, but to look at the people who take advantage of them.” Olmstead also said the group of employers he represents opposes the E-Verify system.
Several Latino Idahoans testified during the committee meeting that they felt targeted by the proposed law. “This bill, in itself, I feel is anti-Latino,” said Felipe Moran of Boise. “This bill does nothing other than attack the Latino community.”
“The bill is shortsighted, creates redundancy, and does nothing to address the issue of immigration,” said Leo Morales, an immigrant rights organizer for the Idaho Community Action Network. “It is a miscalculated political move. It falls short of being a prudent and necessary law.”
Taryn Magrini, policy director for the Idaho Women’s Network, said clamping down on illegal immigrant workers would hurt Idaho families as well as the state economy. “At the state level, legislation like this can cause unintended and drastic consequences,” she said, adding that she wants to see federal changes to immigration. “Comprehensive immigration reform is needed at the national level.”
McGee’s legislation heads to the amending order of the Senate calendar. Two other anti-illegal immigration proposals, from Sen. Mike Jorgenson, R-Hayden, and Rep. Phil Hart, R-Athol, were killed in committee. Read IdahoReporter.com‘s coverage of Jorgenson’s 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 here.
1986 IMMIGRATION LAWS WERE NEVER BROKEN–JUST NEVER ENFORCED.
California–THE SANCTUARY STATE–IS broke because of the invasion. Arizona and border states are teetering on the edge of bankruptcy. Many other states like New York also have massive debt, because they have pandered to impoverished, desperate foreigners. WHY do you think many states other than Sanctuary California is mandating E-Verify? Utah is signing E-Verify into law as it passed the house. Enforce immigration laws, secure the border and resuscitate Proposition 187 … Make illegal entry into the United States a felony. Arizona has very rigid immigration law pending. Georgia too and others have enforcement laws.
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Don’t listen to the rhetoric and propaganda of critics about E-VERIFY. IT’S being progressively upgraded, with new innovations to stop illegal workers STEALING YOUR JOBS. Its your right and an obligation of our politicians to enforce this law and to serve Americans and not cater, wealthy lobbyists organizations, foreign governments and 20 to 30 million alien families.
Mandate E-Verify for every business throughout America and not just for new hires. Every violation should carry a harsh penalty. Fines, confiscation of business assets and prison. Enforce aiding and abetting law that includes University professors, anybody who assists, transports illegal aliens.
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Remember that another AMNESTY will mean those people become legitimate immigrants and then can bring to America, their children, mothers and fathers and a whole slew of foreign family members that you will be paying for. In addition, if the number of illegal aliens was just 12 million, you can at least triple that number to around 32 million who will have access to your pensions, SSI, SSDI and your social security.
Brittanicus, please try to keep your comments on the topic of the legislation proposed in Idaho.
“Taryn Magrini, policy director for the Idaho Women’s Network, said clamping down on illegal immigrant workers would hurt Idaho families as well as the state economy. “At the state level, legislation like this can cause unintended and drastic consequences,””
This makes no sense. Idaho families are being hurt by the lawbreaking illegal aliens that use stolen Social Security numbers, fraudulent and/or forged IDs, lie on I-9 forms and evade income taxes to steal jobs. This legislation appears to target those who aid illegal aliens as well as the illegals. It sounds like a very good idea for the sake of jobless Idahoans looking for ANY job to feed and shelter their families.
I applaud Sen Davis for his suggestions. E-verify would give emplyers an immediate answer on whether the person they had hired was legal. Targetting false ID is difficult as most people are not experts in how to tell the difference.
“Members of the Idaho Latino community and officials from some advocacy organizations objected to the legislation.”
What do these people suggest to get rid of the illegal aliens? We have 20 milliom illegal aliens in this Country and they are destroying this Country! What would you suggest to get them out of this Country?
Illegal aliens have made America the dumping ground for all their illegal alien children, then we have to school them and give them free medical care.
I for one, am sick and tired of these illegal aliens snubbing their nose at our immigration laws and the many other laws of this Country. If our Federal Government can not ENFORCE our immigration laws, and get these illegal aliens out of this Country, then let the States do it! One way or another, an end has to come to this illegal immigration, and not with AMNESTY! Amnesty will only encourage more illegal aliens to invade our Country and reward those who broke our laws and harmed the American taxpayer in many ways…depressing our wages, taking our jobs, overwhelming our schools with their illegal alien children, driving without a license or car insurance, all the crime from stolen identities to rape, drugs and everything else.
It’s time for ZERO TOLERENCE with these illegal aliens. It’s time for them get out of this Country and back in their own Country where they belong. When we get rid of the illegal aliens, we will get rid of all the problems that go with them. THAT IS A FACT!
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!
you all are just ignorants who talk just to talk. first of all what happen to all the money that they take off your check of a immigrant? 2nd: if idaho gets rid of all immigrants then who’s gonna do the job? 3rd and last: an immigrant can not get any help from welfare or commision taxes. so why do we keep blaming to all those hard work that all they want is to be a part of this great country.
What we need to do is find a fair solution for our economy and immigrant issue and not start another war