Immigration Fight Gets Ugly

A law making it a felony to be an undocumented worker is sowing conflict in Mississippi, as states take action in the absence of federal immigration reform

PASCAGOULA, Miss. (by Moira Herbst, Business Week) July 28, 2008 ― Atlantic Scaffolding, which employs nearly 400 at a Pascagoula (Miss.) based Chevron refinery, has let go at least eight workers this month. The company says some workers were laid off for economic reasons, and others may have been terminated for just cause. But at least three of the workers have filed complaints with the Equal Employment Opportunity Commission, alleging they lost their jobs because of their Hispanic ethnicity. The workers say although they are legally eligible to work, they were fired on July 2, following the July 1 implementation of a Mississippi state law cracking down on undocumented workers and their employers.

The Mississippi law is the most extreme step that's been taken by proponents of tougher controls against illegal immigrants. These crackdowns by state and federal authorities are having their intended effect: They have combined with a sputtering economy to drive many immigrants out of the U.S., according to a forthcoming analysis by the Center for Immigration Studies. According to its study of monthly Census Bureau data, the illegal immigrant population has declined "significantly" between last summer and May of this year. Full findings of the study will be released on July 30.

But worker advocates claim innocent workers also are being swept up in the ensuing response from employers. "Some employers are misunderstanding the law and just getting rid of Hispanic employees," says Bill Chandler, executive director of the Jackson (Miss.)-based Mississippi Immigrants' Rights Alliance (MIRA). "The law is confusing for employers and devastating for workers."

Brandon Munn, a spokesman for Atlantic Scaffolding, denies the workers were let go in reaction to the law taking effect. Chevron declined to comment on the allegations against the contractor.

Filling the Void Left by Congress

The scene in Pascagoula is a reflection of a drama being played out across the country. Since the U.S. Congress has failed to pass comprehensive immigration reform, states and the federal Immigration & Customs Enforcement (ICE) organization, part of the Homeland Security Dept., have taken the issue into their own hands. States including Oklahoma and Arizona have passed laws with harsh penalties for companies that knowingly employ undocumented workers. Mississippi's law has the toughest provisions yet against undocumented workers. The measure makes it a felony to perform undocumented work, and calls for one to five years in prison and up to $10,000 in fines.

ICE is stepping up its raids across the country. The most recent came in May against Postville (Iowa)-based Agriprocessors. That followed other major raids at Smithfield and Swift & Co. meatpacking plants. On July 24 the House Judiciary subcommittee on immigration, citizenship, refugees, border security, & international law held hearings on immigration raids, with testimony from labor union, community, and religious leaders who called the raids inhumane.

States Step Up

So far in 2008, 1,267 immigration-related bills have been introduced in state legislatures, with at least 175 of those becoming law in 39 states, according to the National Conference of State Legislatures (NCSL). That compares with a 2007 record total of 1,562 bills introduced, of which 240 ultimately became law.

"States are taking the lead in responding to immigration challenges because Congress will not," says Sheri Steisel, an attorney for the NCSL. "States are left to do the best they can with the tools available." Steisel says states trying to meet the health-care, education, and law enforcement needs presented by years of a rising immigrant population, are feeling especially strapped with tight budgets in a tough economy.

Many of the state laws mandate that employers use what is known as the E-Verify system, an Internet program operated by the Homeland Security Dept. that allows employers to check employees' Social Security numbers against their names. So far 10 states, including Mississippi, Arizona, Oklahoma, South Carolina, and Missouri, have passed laws requiring employers of various sizes to use the system. The Mississippi Employment Protection Act, which Governor Haley Barbour signed into law Mar. 17 to take effect July 1, is the first law to make it a felony to perform work as an undocumented immigrant.

The impact of these laws is the creation of a heightened "climate of fear" among workers, says MIRA's Chandler. He says other Mississippi companies have terminated employees due to a misunderstanding of the Mississippi law.

"Piecemeal" Legislation

In some states, businesses are joining forces to fight the laws. The Oklahoma and Greater Oklahoma City chambers of commerce — along with the Oklahoma Restaurant Assn. and the Oklahoma Hotel & Lodging Assn. — filed suit in February contesting the legality of that state's HB 1804, which took effect in November. It requires that employers use E-Verify, restricts the ability of illegal immigrants to obtain government identification documents or public assistance, and gives police the authority to check the immigration status of anyone arrested. The law also makes it a felony for U.S. citizens to knowingly provide shelter, transportation, or employment to illegal immigrants.

Plaintiffs in the case say the law goes too far. On June 4, a U.S. District Court judge postponed enforcement of employer-related portions of the law, stating it is "substantially likely" the provisions interfere with federal regulation of the employment of undocumented workers. "We applaud the court's decision," said a statement released in June by Robin Conrad, executive vice-president of the National Chamber Litigation Center, which represents the U.S. Chamber of Commerce in the litigation. "The Oklahoma law unfairly shifts the burden of immigration enforcement from government onto the backs of businesses. Piecemeal state legislation is not the answer to our nation's immigration problems."

As a patchwork of state litigation emerges, federal raids, and the outcry against them, continue. On July 27 hundreds of demonstrators will gather in Postville to protest the May 12 raid of the Agriprocessors plant, the largest federal raid to date. "Clearly, the [Bush] Administration's strategy is to target the little guy — the immigrant worker," says Frank Sharry, executive director of America's Voice, an immigration reform group. "The real solution is tough enforcement against unscrupulous employers and a program that requires undocumented workers to come out of the shadows and apply for legal status."

However, the press of Presidential politics makes it unlikely that comprehensive reform will make it through Congress this year. In the meantime, the fight within communities is likely to continue.