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June 26,2006 - Last week, Senator Richard T. Moore (D-Uxbridge) and 19 of his colleagues said they are filing legislation empowering Massachusetts to prevent the hiring by the state and its contractors and sub-contractors of illegal aliens and address other aspects of illegal immigration.
“I believe that dealing with employers will be the most effective way of curtailing the influx of illegal immigrants,” said Moore. “If we eliminate the attraction of jobs and money, we will eliminate the number of illegals pouring into the country and the Commonwealth.”
“Massachusetts should not be an active partner, financial or otherwise, in the violation of state or federal laws regarding employment and immigration. Those who go to work every day, pay their taxes and play by the rules deserve the complete commitment of the state to respect and enforce those rules,” commented Senate Minority Whip Bruce Tarr (R-Longmeadow), primary sponsor of the bill.
Currently, there are no state requirements beyond the basic regulations of the Federal Immigration and Nationality Act for employers to verify immigration status. Thus, employers are only required to comply with the federal requirements, which provide little, if any verification of an employee’s status. Given this situation, the Commonwealth could be employing illegal immigrants. The bill, titled “An Act to Promote Fair Employment and Security in the Commonwealth” comes on the heels of widespread media reports of employers doing business with the state hiring workers with questionable or illegal immigration status. The bill requires the state and all businesses which contract with the state to ascertain and verify the immigration or citizenship status of their employees through available federal mechanisms. Failure to verify will result in the suspension or loss of contract with the state.
Additionally, the bill targets the issue of false identification, imposing penalties for those who use false identification or falsify identification documents. Persons who use false identification to obtain or maintain employment from a business that contracts with the state will be subject to a fine of not more than $5,000 or by imprisonment for not more than five years, in a jail or house of correction for not more than two years.
The proposal also creates new penalties for falsifying a learner’s permit, driver’s license or state identification card with the intent to distribute the falsified document. Recognizing that all to often these documents are mass produced and sold the penalties for falsifying such documents will increase based on number.
The legislative proposal would also require the Attorney General to enter into a memorandum of understanding with the United States Attorney General to collaborate with regard to the investigation and enforcement of alleged violations of federal immigration law. Importantly, the bill also stipulates that the Attorney General establish a toll free telephone reporting system for confidential reporting of unlawful employment of unauthorized aliens and state fair wage laws.
Requirements for verification of immigration and/or citizenship status in criminal proceedings are also included in the bill. Specifically, a person who is incarcerated for driving under the influence of intoxicating substances or a felony and any defendant appearing before the court will have the identification checked.
Legally documented citizens who apply for public housing are also protected in the bill. A framework is established to prevent the displacement of legal applicants by those not present in Massachusetts under the color of law.
To learn more about Senator Moore’s legislation and his work in the Massachusetts Senate, log onto his web site at www.senatormoore.com
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