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Greg Siskind on Immigration Law and Policy

MISSISSIPPI PASSES EMPLOYER SANCTIONS BILL WHICH CRIMINALIZES UNLAWFUL EMPLOYMENT

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[Note: I've updated this from the original post after I discovered the shocking criminalization provision noted at the end. This is a pretty serious elevation of what states have been doing and it will test Governor Barbour's seriousness about defending the US Constitution if he goes along with signing the bill]



Just days after Utah passed its employer sanctions law, Mississippi now becomes the latest state
to go down the path of independently enforcing immigration law.
Governor Haley Barbour still needs to sign the bill, but indications
are that he will do so.



The Mississippi Employment Protection Act
requires ALL employers in the state to use E-Verify. The statute
separately requires contractors and subcontractors to use E-Verify,
though this seems redundant given the overall requirement that every
employer use the system.



Employers who terminate US citizen or
permanent resident employees while continuing to employ unauthorized
immigrants shall be liable for unlawful discrimination. Use of E-Verify
shall be a safe harbor for employers from liability under this
provision.



Third party employers must document to companies to whom they send workers that the employer is registered in E-Verify.



All
government agencies as well as private employers with more than 250
employees must be using E-Verify by July 1, 2008. Companies with 100 to
250 employees must use E-Verify by July 1, 2009. Companies with 30 to
100 employees must use the system by July 1, 2010. All other employers
must use it by July 1, 2011.



Violating employers are subject to the cancellation of contracts with the state and a bar on
contracting with the state for three years. Employers are also subject
to the revocation of a business license for up to three years.



The bill contains a shocking provision that is unique in the country
and which will no doubt trigger a court challenge. It reads as follows:





(c) (i) It shall be a felony
for any person to accept or perform employment for compensation knowing or in
reckless disregard that the person is an unauthorized alien with respect to employment
during the period which the unauthorized employment occurred. Upon conviction,
a violator shall be subject to imprisonment in the custody of the Department of
Corrections for not less than one (1) year nor more than five (5) years, a fine
of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand
Dollars ($10,000.00), or both."

>>






The bill would allow the state to prosecute and imprison any
unauthorized immigrant found to be working, something that appears to
go way beyond a state's authority with respect to regulating
immigration.

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Comments

  1. GCwhen's Avatar
    Greg,
    Are we to understand only the employee (not the employer) goes to jail for unauthorized employment? Punish the poor immigrants for providing cheap produce.
  2. Greg Siskind's Avatar
    Employers get the corporate death penalty - loss of their business license.
  3. 's Avatar
    Mississippi ? in their hearts they will legalize lynching if they can, they will always find a way to hate non whites.
  4. Another voice's Avatar
    The south remains very much at the front of racism in the US, I guess that makes them proud!!! We'll see when the bottom falls of their economy if they still sing to the same tune.
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