Here's a good bill likely doomed by politics: Rep. Stace Nelson (R-25/Fulton) has introduced House Bill 1238, which seeks to put employers of illegal immigrants in a world of hurt. HB 1238 creates a complaint process by which any individual may report suspected hiring of illegal immigrants to the state's attorney or attorney general. Upon receipt of such an official complaint, the state's attorney or attorney general must investigate. If an employer is found to be knowingly hiring illegals, that employer has to get rid of all illegal hires and submit to a three- to five-year probationary period, during which the employer must make quarterly reports to the state's attorney on each new hire.
On first violation, the court can also consider suspending the business's licenses. On second violation, the court suspends all licenses held by that employer at that employment site. Two strikes, and you're out of business.
Rep. Nelson's bill likely stems in part from his concerns that a 7000-head mega-dairy proposed just four miles from his home in Hanson County would saddle his neighbors with an influx of illegal immigrants (not to mention tons of cow poop). The House GOP leadership has already punished Nelson for challenging the state's affinity for big dairies by kicking him off the House Agriculture committee. Given the GOP House leadership's willingness to disenfranchise Rep. Nelson's constituents over Nelson's inclination to challenge their authority and to tell certain arrogant legislators to sit on it, Rep. Nelson's bill will likely be squashed in House Commerce and Energy.
Cory, please refrain from using the malapropism, "illegal immigrants;" it is used by earth haters like Rep. Nelson and his ilk to define a set of persons seeking asylum from the 'Drug War'.
New Mexico has been issuing drivers licenses to drug war refugees for years.
Santa Fe shopping and dining experiences are tutorials in Spanish language.
I worked with LRC to keep the language in this, and it's sister HB 1139 http://legis.state.sd.us/sessions/2012/Bill.aspx?Bill=1139 as close to the language in the law that SCOTUS upheld http://articles.latimes.com/2011/may/26/nation/la-na-court-immigration-ruling-20110526
I agree Larry, immigrants normally would be viewed as legal. The correct term should be "illegal aliens".
Come in out of the cold, Steve; and, answer Bob Mercer's question.
Stace, I think I see what you're trying to do, and I'm supportive in broad strokes. But there are a few problems with the solution that are classic to the immigration problem. Let me list a few and field your response.
And take it easy on me will ya?
I don't need any bitch slapping this morning brother, and I don't think you do either.
1. The exclusion of independant contractors is a big problem. In fact, I would go so far as to argue it is THE problem. Your bill (perhaps unwittingly) incourages rather than discourages it. (I'm not going to go into a long explanation here, unless readers want me to.)
2. Businesses could wreak havoc on one another with this bill publicity-wise, and have law enforcement chasing its tail all over the state, especially it the tips coming from the general population are anonymous.
3. Isn't the enforcement of immigration and naturalization a function of Federal government? How much time, money and energy should state and local authorities (police, prosecutors, courts, etc) devote to doing what is essentially the Federal governments job?
I look forward to your feedback on these points, Mr. Nelson.
While we're waiting for Stace's reply, another issue that I forgot to mention was work visas. A large proportion of undocumented workers in the US came into the country legally and simply stayed instead of returning home. The proposed law wouldn't really address that point very well, would it? Especially if the concern is to protect jobs at the dairy. There would be nothing to prevent the dairy owners from hiring a continuing stream of foreign nationals with work visas. All perfectly under the proposed law.
...All perfectly LEGAL under the proposed law. (sorry)
Larry, Mr. Mercer is a big part of the SDGOP Establishment, whether he admits it or not. I gave him my analysis last session to show the $127 million budget deficient to be bogus. He continued to repeat the Daugaard administration's misleading propaganda. So I am not surprised he is helping the SDGOP attack Rep. Nelson and anyone who defends him.
Larry, Sibby, topic please.
Man, dodging one's way around you two ADHD
inflicted moon units is worse than trying to herd cats.
Steve, Mr. Fleming is a big part of the SDDP establishment, whether he admits it or not: I hear you cluckin,' Big Chicken.
Language is important and discussion of this issue, which has valid environmental and business concerns, suffers when phrases are blurred.
Immigrants including Crinion, his veterinarians and most if not all the workers profiled in the media reports about this industry that I have read are here legally. There almost certainly are many laborers who are not. And since that is the point of contention, let's discuss that. But to move so seamlessly from "legal immigrants" to "immigrants" to "illegal immigrants" in these discussions is careless conflating.
Even worse is the next jump to "suspected" illegal immigrants. Why are they suspected? There may be a valid concern. There may also be a racist community member who thinks they look or sound "illegal." Meaning they look brown or speak a different language. A lot of these people aren't immigrants at all, but US citizens. (Some are Native Americans who have been here longer than the flag-waving politicians proposing these protections.) Laws that mandate action on mere suspicion of illegal immigration permit "discrimination (against) legal workers who look or sound foreign," - (US Supreme Court Justice) Breyer. http://articles.latimes.com/2011/may/26/nation/la-na-court-immigration-ruling-20110526
Bill Fleming raises an interesting point about competition pointing fingers just because they can. Are there penalties to recover costs of investigating frivolous complaints?
Immigration policy is complex. Finding solutions is enormously difficult and exceedingly important. It is a serious undertaking that should not be allowed to be undermined by the careless use of language.
Exactly, Ms. Hall.
More: "New Mexico and Washington are the only states that allow [refugees] to obtain the same driver’s license as a US citizen. Utah grants [refugees] a driving permit that cannot be used for identification, unlike a driver’s license, which can help people open bank accounts, make financial transactions, and board a commercial airliner."
Barbara, yes. If one were of a mind, s/he could put a competitor out of business in a matter of months by invoking this law (via anonymous tips to law enforcement and media), and no one would ever know they did it.
"Larry, Sibby, topic please."
Fleming, and you are one to talk?
Sorry Barbara, the lead sponsor of this legislature has it tailored after law that has already ment Supreme Court approval.
Steve, so has Roe v Wade.
It's like mission creep, blowback, rinse, repeat.
(pssst... Cory, Stace, Larry and Sibby... the way to handle the problem of illegal immigration is to pass the Dream act and the AgJobs bill. Then allow the agworkers to organize and have collective bargaining rights as per the Wagner Act and let the workers police themselves. When I worked as an organizer for the UFW, we were the ONLY people going to the border and reasoning with workers not to break our strikes. Meanwhile, the "coyote" subcontracters were bringing in strikebreakers by the hundreds, crammed into the backs of pickups in layers like little slave ships.)
pssst, bill: statehood for mexico.....
Not without unions Larry. It would be a disaster. Gotta fix the labor laws first. (Or at least get them back.)
They likely could teach us, Bill:
"Mexico is one of the discussion topics in the "Great Decisions" groups in Minnesota in 2012. And rightly so. No other bilateral relationship is as important to the security and prosperity of the United States as the one with Mexico.
Let's reflect on Mexico's current situation and the challenges to deepening our nations' strategic partnership.
Today, Mexico is a middle-income country. Five factors have significantly expanded its middle class:
• Sustained and responsible macroeconomic policies have been in place for almost two decades. By 2010, Mexico was growing at a 5 percent rate, with 4 percent inflation and 5 percent unemployment. The forecast for growth in 2012 is more than 3 percent.
• Mexico has one of the largest numbers of free trade agreements in the world. This includes NAFTA and agreements with the European Union and with Latin American, Asian and Middle Eastern countries, and has had a profoundly positive impact on the Mexican economy.
• A demographic change has taken place in Mexico, where today the largest proportion of the population is young and ready to work. The birth rate in 2010 was 2.2 percent, and it is estimated that in 20 to 25 years Mexico will be a predominantly middle-aged society.
• Continuity in one of the most successful extreme poverty-alleviation programs in the world for more than a decade and a half. Mexico's program has become a model for other poverty-alleviation programs around the world. Currently called "Oportunidades," this program has brought 40 million people out of extreme poverty.
• In 2012, Mexico will achieve universal health coverage.
Exactly, Larry. And they've also nationalized their oil industry. Viva la causa, vato.
South Dakota is hardly the only state to own industries. I remember having a discussion with PP and his wanting to divest Brookings' strong portfolio.
Weird planet.
Rounding back to the discussion at hand: winter makes people nuts; the SDGOP is the evidence.
Ah yes, the People's Republic of Brookings.
Wow, Bill. What if DD pulled a Janklow and put all the dairies in the state into the public domain?
oh, yeah: it's winter, i'm nuts....
I'm with ya. Larry. Start a State Dairy, get it goin' real good.
Then sell it to Mexico. Killer idea.
South'de con Queso.
"The 'New World' Native American population was decimated by European colonialism, it declined from 72 million in 1492 to less than 4 million by 1850." @InjusticeFacts