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| Massachusetts Must Do Its Part in Dealing with Illegal Aliens |
| by Senator Richard T. Moore |
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Finding a way to address the seemingly endless flow of illegal, or undocumented, aliens into the United States, including Massachusetts, has become a new “third rail” in American and Bay State politics. Many of the current generation of immigrants are from Central and South America or Caribean Islands like
Haiti and the Dominican Republic. Others have arrived from Southeast Asia or Africa. Living with immigrants among us is nothing new! Historically, immigrants have been coming here from all parts of the world for nearly four hundred years. Massachusetts has been a destination for immigrants from other lands since even before the Pilgrims stepped on to Plymouth Rock. Nearly every resident of our Commonwealth is an immigrant or descendent of immigrants. It’s much the same story throughout the United States. In fact, during America’s Industrial Revolution in the early 1800’s many French-Canadian farm girls were invited to New England by mill owners to work in the mills. When the federal government wanted to settle the West, free land was often offered as the incentive to attract citizens of other countries to our shores. American poet, Emma Lazarus, wrote a poem about immigration in 1883 for the dedication of the Statue of Liberty that concludes with these lines: “Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!” The poem talks of welcoming the millions of immigrants that legally came to the United States, many of them through Ellis Island at the port of New York. However, its noble words masked a deeply held resentment that many Americans felt about newcomers. Sometimes that resentment involved prejudice, or even hatred, toward people of different religions, different races, different nationalities. Concern about immigration today is not a new phenomenon, and has been around for a long time. Irish immigrants, for example, were unwelcome in the 19th century American workplace. Many lacked skills and increased the competition for day labor and other low paying work; nearly a fourth spoke no English. Wide spread prejudice against the Irish, based in religious and social hysteria, created serious impediments to job opportunities. The dramatic increase in immigration from Ireland during the late 1840s and the 1850s and the limited number of jobs available fueled a strong resistance to hiring Irish workers. Newspaper advertisements for available work often included a statement that "no Irish need apply." The increasing rate of immigration in the 1840’s encouraged a reactionary nativism. In Eastern cities where Roman Catholic immigrants especially had concentrated, local nativistic societies were formed to combat “foreign” influences and to uphold “American” values. Efforts to learn something of the leaders or designs of these movements were futile; all their inquiries of supposed members were met with a statement to the effect that they knew nothing. Hence members were called “Know-Nothings.” In 1854, their candidates even swept into most of the political offices in Massachusetts in 1854, but lasted only one term. There have been other times in our history when Americans saw immigrants as threats to their security. During World War I and II, descendants of German immigrants were questioned as to their loyalty. In World War II, thousands of Japanese Americans were placed in camps out of fear that they would help our enemies. Fidel Castro sent boatloads of convicts to America’s shores in the 1960’s. Even after the terrorist attacks on September 11, 2001, Muslim and Middle Eastern residents were looked upon as potential terrorists. Some of those actions taken against people of other races and religions have not been among our finest hours as a people, but they were actions prompted my fear and lack of understanding. Today's immigrants come from all parts of the world, and those who arrive legally, deserve to be welcomed and encouraged to become citizens. There are many reasons to celebrate the richness of the cultural diversity that US immigration has contributed to the greatness of America. It has enriched and strengthened our nation and its history! However, the laws that provide for screening immigrants and promoting citizenship need to be followed to protect our national interests. These laws need to be enforced, and, despite the ranting of some radio talk-show hosts, we need to be careful to avoid the more extreme measures of the past in responding to immigration issues. Clearly, there is legitimate concern among Americans about those immigrants who come to America without entering through approved channels – the illegal aliens. Some businesses believe they need immigrants – legal or not – to work at jobs that are hard to fill because of their menial nature, high risk, or low pay. Some immigrants are willing to risk their lives to come to the United States illegally in order to earn enough money to have a better life themselves, or to send money home to help their families. They are willing to endure hardship, substandard living conditions, and low pay, sometimes being victimized by employers, because it is still a better life than the one they left. When they arrive by illegal means, there is no way to check whether they bring health issues with them or were criminals and gang members in their homelands that now pose threats to others here in America. Controlling our national borders and determining who is allowed to come to America is, and always has been, the primary responsibility of the federal government. However, it is unrealistic to believe that an impenetrable wall call be built along the vast borders and seacoasts of this country. When illegal immigrants are caught and deported, many quickly return. The President and the Congress, themselves, have been unable to agree upon a solution to illegal immigration, and it is unlikely that a national solution will be found soon. Right now there are an estimated 250,000 illegal aliens residing in Massachusetts, often using false identification, unbeknownst to state officials. As a matter of national security, this is unacceptable! We do not know, with confidence, who is living and working within the borders of the Commonwealth. Therefore, in the absence of a federal solution, it is part of our duty as state legislators to ensure that the state does everything it can to protect its citizens. The National Conference of State Legislatures has appointed a task force to help states develop a concerted response to the problem. In the meantime, what can states, like Massachusetts, do about illegal aliens? First, 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. 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. “An Act to Promote Fair Employment and Security in the Commonwealth,” which I have co-sponsored, would make it much more difficult to live in this state illegally and undetected, thereby allowing law enforcement professionals to work more effectively. It 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. This bill is an important step in our efforts to make sure that those working in Massachusetts are legal, law abiding citizens. In addition to enforcing its laws, the Commonwealth must set an example for private employers. If we don’t start with our own hiring practices, including the work we contract out, how can we hope to send an unambiguous message to illegal immigrants trying to break the law? 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 5 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 too often these documents are mass produced and sold the penalties for falsifying such documents will increase based on number. We need to take a multifaceted approach in dealing with the problem of undocumented workers in Massachusetts. Penalizing people who illegally use and falsify identification documents sends a clear and strong message that here, in the Commonwealth; we will not support or condone such illegal behavior. 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 proposed bill. Specifically, a person who is incarcerated for driving under the influence of intoxicating substances or another 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. We are doing what we can, within the scope of state authority, to address the concerns about illegal aliens. The federal government, by enforcing existing penalties against private employers who hire illegal aliens, and doing a better job with border security, would make our efforts that much more effective. Until we eliminate the visions of immigrants of “streets paved with gold” – the lure of illegal employment, we will not be able to control who comes to America. It’s time for the federal government to join with the states to solve the problem of illegal immigration. |
