Republican lawmakers in state legislatures across the US are pushing for the mandatory use of an electronic system allowing employers to check employee immigration and work status – pitting them in a rare battle against the business lobby.
Pressure is building on illegal migrants as growing numbers of state legislatures introduce measures that could restrict their ability to live and work in the US.
Last month, a bill similar to a controversial immigration law in Arizona was introduced to the California legislature calling for penalties for employing illegal day labourers and demanding citizenship verification for those applying for public benefits. In Tennessee, Alabama and Florida, immigration bills have been introduced by Republicans that will require employers to use the federal “E-Verify” electronic system to ensure that workers are in the US legally.
The move comes as Republicans in Congress push to expand and possibly enforce mandatory use of E-Verify . Elton Gallegly, the House immigration sub-committee chairman and a Republican from California, has said he will introduce a bill mandating its use in the near future.
“With unemployment over 9 per cent now for 21 months, jobs are scarce and families are worried,” said Lamar Smith, the Republican chairman of the House judiciary committee. “One effective programme to help ensure jobs are reserved for citizens and legal workers is E-Verify.”
According to a study by the Pew Hispanic Center, 7m people are working illegally in the US. “These jobs should go to legal workers,” said Mr Smith.
Business groups, who traditionally support the Republican party, are opposed to expanding E-Verify. In 2008, the US Chamber of Commerce sued the Department of Homeland Security to challenge the legality of making the use of the system mandatory for federal contractors and sub-contractors. “This massive expansion of E-Verify is not only bad policy – it’s unlawful,” said Robin Conrad, of the National Chamber Litigation Center, at the time.
Democrats and civil rights groups are also opposed, arguing that mandatory use will create undue hardship for undocumented workers. Problems with the system have already led to some legal workers losing their jobs.
In his State of the Union address, President Barack Obama called on Congress to “address the millions of undocumented workers who are now living in the shadows”. Wary of the political tensions over the issue, he added: “I know that debate will be difficult. I know it will take time.”
The latest Republican bills follow controversial legislation unveiled earlier this year to strip children born to undocumented parents of their right to automatic citizenship. The Republicans argue that the existing law, enshrined in the 14th constitutional amendment, is being abused by undocumented parents who use their naturalised children to sponsor their own “birthright citizenship” attempts.
Republicans are calling on the Obama administration to step up workplace raids to find and arrest illegal immigrants.
The tactic, which involves large-scale swoops on suspected undocumented workers, was a feature of the George W. Bush presidency. But the number of arrests in these types of operations has fallen by 70 per cent under the current president.