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AZCapitolTimes.com reports that Arizona’s senate, by a party-line 17-13 vote, passed a broad, immigration-focused bill covering a wide range of topics including law enforcement procedures, criminal law, and traffic congestion. The bill would:

• require police officers to make a reasonable attempt to determine a person’s immigration status when “practicable;”
• allow illegal immigrants to be charged with trespassing;
• make it unlawful for anyone seeking work, regardless of their immigration status, to enter a vehicle stopped on the street;
• penalize drivers who impede traffic in an attempt to hire a day laborer;
• prohibit state and local governments from adopting policies that restrict the enforcement of immigration laws; and
• require state and local governments to comply with, and assist in enforcing, federal immigration laws.

The bill now moves to Arizona’s house of representatives for consideration.

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The U.S. Supreme Court has asked the Solicitor General to submit a brief outlining the Obama administration’s stance on an Arizona law that punishes companies for hiring illegal immigrants, the Miami Herald reports. The justices will review this brief before deciding whether to hear a challenge to the law.

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The Immigration and Customs Enforcement (ICE) has announced that it will begin to investigate workplaces in all 50 states to identify employers who are hiring undocumented workers. Specifically on July 1, 2009, ICE launched a comprehensive audit initiative and issued Notices of Inspection (NOIs) to 652 businesses nationwide. States are also beginning to increase their enforcement efforts so employers should take steps to ensure compliance with both federal and state immigration requirements. Continue reading Littler ASAP "Latest Developments in Employment Verification Enforcement" by Jorge R. Lopez, Chadwick M. Graham and Melissa M. Randall.

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On March 12, 2009, a federal district court in Illinois ruled that a state law prohibiting employers from enrolling in the federal E-Verify program violates the Supremacy Clause of the United States Constitution. United States v Illinois, CDIll, No 07-3261 (Mar. 12, 2009). The Illinois Right to Privacy in the Workplace Act (Ill. P.A. 95-137), scheduled to take effect on January 1, 2008, amended the Illinois Right to Privacy Act by prohibiting employers in the state from enrolling in the E-Verify program until the Social Security Administration and the Department of Homeland Security (DHS) were able to achieve a 99% accuracy rating with regard to making a determination on tentative nonconfirmation notices within three days of issuance.

The DHS sued the State of Illinois to repeal the law saying that it interfered with an employer’s right to participate in the voluntary federal program to verify whether a potential employee has valid U.S. work authorization. The federal district court in Illinois sided with DHS, holding that the law is preempted by the Supremacy Clause. Even though the E-Verify program is not mandatory, the court reasoned that the state law frustrates Congress’ intent to make the program available to all employers. The district court enjoined the State of Illinois from enforcing the law.

This article was written by Jorge R. Lopez, a shareholder in Littler's Miami office.

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Senate Bill 23, the "Fair and Legal Employment for Coloradans Act," was killed in the Senate Committee on State, Veterans & Military Affairs. The bill, sponsored by Senator David Schultheis (R- Colorado Springs), would have required employers to participate in the federal E-Verify program. On his website, Sen. Schultheis had the following to say about the bill's defeat :

This bill was killed in State Affairs committee on 2/8 by Democrats on a party-line vote."
 

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Indiana state senator Mike Delph has introduced S.B. 580, legislation that he calls "one of the toughest illegal immigration bills in the country." If passed, S.B. 580 would:

• prohibit Indiana employers from knowingly hiring unauthorized aliens
• provide escalating penalties for violations of the act
• establish an affirmative defense if an employer complied in good faith with federal employment verification requirements

The bill is a modified version of legislation that was submitted last year, and is expected to be heard by the Senate Committee on Pension and Labor in early February.

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Today, Arkansas state representative Bill Sample introduced H.B. 1093, the "Arkansas Taxpayer and Citizen Protection Act of 2009" -- a bill nearly identical to Oklahoma's H.B. 1804, which passed by an overwhelming majority in 2007. Read our earlier blog post for background on H.B. 1093.

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The Arkansas Democrat Gazette reports that Arkansas state representative Bill Sample plans to introduce a bill requiring, in part, verification of Social Security numbers prior to the issuance of employee identification cards. Rep. Sample made the following comments about the bill:

It will establish proper guidelines for the issuance of identification cards and documents. ... We're trying to define who can give out identification cards and what those ID cards would state. We don't want those phony ID cards to go out. ... If you give them an ID card, you're responsible to do a little due diligence and make sure that person is in the state legally.

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Wyoming lawmakers are considering immigration legislation that would eventually require all Wyoming employers to participate in E-Verify. Under H.B. 0103, all employers would be required to participate in E-Verify not more than three years after the effective date of the act. 

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Senator Brad Ashford has introduced L.B. 34, the "Nebraska Fair and Legal Employment Act." The bill would, among other things, require all employers to participate in E-Verify by 2011.

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According to an Associated Press pre-session survey, a majority of participating Nebraska state legislators support tough policies on illegal immigration. Measures favored by the lawmakers include requiring employers to use the federal employment verification system, E-Verify. See the complete story in the Columbus Telegram.

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