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Greg Siskind on Immigration Law and Policy

ILLINOIS LEGISLATURE TO DHS: GET YOUR ACT TOGETHER OR OUR EMPLOYERS WON'T USE BASIC PILOT PROGRAM

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Both Chambers of the Illinois legislature have passed HB 1744. The measure bucks the trend of other states that have been requiring employers to use the Basic Pilot program and instead tells the Department of Homeland Security that it needs to make the program less prone to errors before Illinois employers can participate. The legislation's key provision states




Employers are prohibited from enrolling in any
Employment Eligibility Verification System, including the Basic Pilot program,
as authorized by 8 U.S.C. 1324a, Notes,
Pilot Programs for Employment Eligibility Confirmation (enacted by PL 104-208,
div. C, title IV, subtitle A), until the Social Security Administration (SSA)
and Department of Homeland Security (DHS) databases are able to make a
determination on 99% of the tentative nonconfirmation notices issued to
employers within 3 days, unless otherwise required by federal law.




After that, employers will still have to undergo training and follow basic employee notification guidelines in order to participate.



Illinois is responding to problems with the Basic Pilot program where employee's are rejected by the system and then the federal government taking too long to correct errors. Employers and potential employees are left handing out to dry when the government takes its time resolving a problem.



While I'm pleased with Illinois raising awareness of this very serious problem with the Basic Pilot Program, I'm curious about how constitutional lawyers will view this law. It could potentially come under the same attack from the other side that the Hazleton laws did. How far can a state go in interfering with the federal government's role in overseeing the nation's immigration system?

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  1. Lew Orban's Avatar
    I guess no one gets it...the Federal Government's main reason for its formation....is to protect us from foreign invasion and to protect your borders....... period! Am I the only one that understands this basic principle. See you allowed this government to do many things it was not suppose to do........or get involved with..... and look where we are now! All states have the right to inact their own laws when the Federal Government does not do its job...in fact they can leave the union it they choose. Yes that is right either the Feds do their job or they are gone! See when you allowed Feds to entangle everything in your state and then collect all your money and then fail to do its basic function....protection of your borders....you have a huge problem. All states need to quit being wimps and enact their own laws and if the feds don't like...who cares...just get it done!
    Obewan
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