Texas State Hiring Immigration Laws

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    • Immigration laws are a fiery topic in America of 2010.

      Stringent immigration laws passed in Arizona and Oklahoma have brought Texas state laws concerning the hiring of immigrants under scrutiny. In 2010, it is a crime in Arizona and Oklahoma to be an illegal immigrant or to hire an illegal immigrant. Employers can lose their business licenses, reports James Pinkerton of "The Houston Chronicle," and local and state law enforcement agencies are picking up federal roles as investigators of illegal aliens in Arizona. They are required to check for documentation of anyone they suspect of being an illegal immigrant. The constitutionality of these state laws is under review.

      The state of Texas has a long history of providing employment to immigrants. Illegal immigrants generate $1.6 billion a year in state revenue, reports Jay Gormley for "CBS News," particularly in agriculture, construction and hospitality.

      Presently, Texas state legislators have passed just one bill concerning immigrant hiring practices, reports the Texas House of Representatives House Research Commission (HRC). Businesses that receive public subsidies must certify that they do not employ illegal immigrants.

      Texas may have lighter hiring laws concerning immigrants, but federal sanctions may take precedence over state laws.

    Employee Eligibility

    • Employers are supposed to verify a worker's employment eligibility.us passport image by Albert Lozano from Fotolia.com

      Texas employers are required to determine employee eligibility with an I-9 form. Employers are required to verify that new hires have a U.S. passport, a foreign passport with a stamp authorizing work in the United States, a visa or non-immigrant work authorization forms.

      If an employee doesn't have these documents, two other forms of identification can verify eligibility. These range from state identification cards to U.S. resident alien cards.

      In 2007, Judi Hasson of "MSN Moneycentral" reported that even though hiring an undocumented worker is illegal; it is in large companies hiring many immigrants with which the law is enforced. Cecilia Munoz, VP of a Hispanic civil rights organization, says that many employers don't check for documentation when they're hiring day laborers and that they're not expected to be experts on counterfeit paperwork when they do.

    Day Labor

    • Immigrants make up a large part of the work force in Texas.construction workers image by Greg Pickens from Fotolia.com

      In 2007, Hasson reported that while I-9 forms must be gathered on all employees, they weren't required to be filed with any government agency.

      "Dallas News" reporter Diane Solis says that day labor sites are becoming a fiery immigration issue. The state of Texas implemented these sites to help curb day laborer congregations in public areas. It is employers, not day labor agencies, who are responsible for verifying employee eligibility and immigration status. Rudy Guerra, a staff employee at one such site, says that federal law exempts some employers from checking for documents if the work is casual, domestic and sporadic.

      Arizona and other states have made it illegal for day laborers to solicit employment in public areas if it impedes traffic, but a New York court in 2010 issued a preliminary ruling that such laws violate a laborer's right to free speech.

    E-Verify

    • E-Verify checks identification documents against a federal database.open passport image by charles taylor from Fotolia.com

      Twenty states passed laws in 2007 concerning immigrant employment. Ten states require employers to use E-Verify, a computer database that checks the credibility of I-9 information. Some states require only public employers to use E-Verify while others require all employers to use the system.

      Federal contractors and subcontractors have been ordered to use E-Verify as of Jan. 15, 2009, and some states are trying to require its use by all employers. Opponents of this say that the database isn't yet effective and could lead to discriminatory practices.

    Employer Sanctions

    • As of April 2009, the Department of Homeland Security is prioritizing the criminal prosecution of employers that knowingly hire illegal immigrants, reports the Global Immigration Counsel. The Obama administration is using audits to uncover the hiring practices of companies that employ immigrants, and the Immigration and Customs Enforcement (ICE) had, by summer 2010, issued fines totaling $3 million.

      Texas state supporters of employer sanctions say that illegal immigrants cost Texas $3.5 billion a year for health care and other costs. They also say that these employers pay workers less than minimum wage and take jobs away from U.S. citizens.

      Opponents say that state sanctions will burden Texas businesses and government with enforcement responsibilities that are already federal roles. State sanctions could lead to uneven and unfair enforcement of federal law, states the HRC, and greatly harm Texas economy.

      The HRC recommends that federal guest worker programs and other initiatives could help to support the agricultural and construction labor force in Texas.

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