Thursday, May 15, 2008

Is Paul Ryan Making a Big Mistake?

Cong. Paul Ryan has been flogging his co-sponsorship of HR 5515, an illegal-immigration act.

But there are some real problems with that proposal. Perhaps Ryan doesn't know about them--in the alternative, if he DOES know about them, he should be ashamed of himself.

From Human Events:

As always when dealing with the political class growing ever more distant from the populace it rules, the NEVA devil is in the details. For all of its noble goals, hidden in the voluminous wording of this legislation is the true agenda of its sponsors, to wit, the section on preemption, Section 101(b)(2)(A), which reduced to simple language* would preempt and ban any and all state or local law for immigration-related issues enacted to impose employer fines or sanctions, or would forbid any laws requiring employers to verify work status or identity for work authorization. It would also prevent any unit of government from verifying status of renters, determining eligibility for receipt of benefits, enrollment in school, obtaining a business or other license, or conducting a background check.


For one example, the control of business licenses is now one of the few areas not preempted. It is one of the few tools still left to states and local governments to fight the presence and hiring of illegal workers, and the award of benefits and welfare. NEVA would take even those tools away. Having abdicated its own responsibilities on immigration enforcement, the Congress is apparently on a search-and-destroy mission for any lower elected body that might actually want to follow the rule of law and provide the protection for its citizens that the federal government seems incapable and unwilling to provide

"We're here from the Government to he'p you...."

But it gets even worse:

...For example, it only applies to new workers applying for positions after the date of enactment. It ignores the tens of millions of illegal workers already in the country. There is no requirement to “re-verify” workers already employed, even if they are not entitled to work, or even to be, in the United States. Once enacted, no further inquiry would be made of those here illegally unless they apply for a new job.

"Ally ally oxen-free!!!"

The Act also requires that an employer actually hire the worker before he checks the NEVA system on eligibility

Anyone who has been involved with HR or employment activities realizes that this provision is a nuclear bomb.

It will be interesting to hear Ryan defend the bill against these charges.

Of course, that supposes that someone will actually ASK him....

HT: Grim


Anonymous said...

My understanding is that much of this is already covered under pre-emption. The law in Farmers Branch, TX, was struck down this way. I'm not competent to speak on much of the other stuff. I would speculate those other areas the State would fall under a compelling interest test that many of those items would fail.

steveegg said...

Get me that in question form ASAP.