Senate passes bill aimed at employers of undocumented workers

By Brigid Curtis Ayer

Businesses that hire undocumented immigrants may be fined and eventually put out of business if a measure passed by the Indiana Senate by a 37-11 vote clears the Indiana House of Representatives in the coming weeks.

Senate Bill 335, authored by Sen. Mike Delph (R-Carmel), would penalize businesses that knowingly hire undocumented workers beginning in October 2009.

The bill requires the attorney general’s office to investigate written complaints of businesses employing illegal immigrants.

If the attorney general’s office determines that the business has violated the law, federal immigration enforcement, the local law enforcement and the county prosecutor are notified.

The first offense results in a warning, a second offense could result in a temporary suspended business license and a third offense could lead to having all business licenses revoked.

Sen. Delph said he authored the bill because, next to property taxes, illegal immigration is the second most asked question during town meetings.

Frustrated by the federal government’s inaction, Sen. Delph started looking into what other states were doing and modeled his bill after their proposals.

The bill received several hours of testimony during a Jan. 16 hearing, which drew a crowd of more than 50 people before the Senate Pension and Labor Committee.

Glenn Tebbe, executive director of the Indiana Catholic Conference, which serves as the official representative for the Indiana bishops and the Catholic Church in the state on public policy matters, testified in opposition to the bill.

“The Catholic Church does not support illegal immigration, and respects the right of nations to control its borders,” Tebbe said.

However, Tebbe explained that the Church is concerned about the effects that Senate Bill 335 would have on employers, immigrant families and children.

Putting hundreds of people out of work will only add to the social concerns in the community, he said. Presently, those working are caring for their family needs and contributing to the common good.

Tebbe noted that similar laws enacted in Arizona and Oklahoma are having detrimental effects on the economy and on the families of immigrants.

Sen. Karen Tallian (D-Portage), who serves as a member of the Senate Pensions and Labor Committee, said she opposed the bill on the floor because employers are left to either enforce Indiana’s law or federal law.

“As it stands now, businesses would avoid hiring anyone who might even remotely look like an illegal alien.”

Sen. Tallian was also concerned that no one even asked about the fiscal impact on the state to conduct enforcement.

Sen. Robert Deig (D-Mount Vernon) said, “I supported the bill as a way to send a message to the federal government to do something about it, but I don’t think the bill is going anywhere.”

Sen. Deig said he didn’t think the bill was a racial bill or one intended to discriminate, but rather a bill to tell the federal government to act.

In addition to the ICC, members of the Hispanic community, the Indiana Chamber of Commerce and the Indiana Manufacturers Association opposed the bill.

Those testifying in support of the bill included Hoosiers for Secure Borders, the Indiana Federation for Immigration Reform and Enforcement (IFIRE) and Mike Cutler, an immigration agent from New York with 30 years of experience.

All shared various concerns, such as illegal immigrants contribute to illegal drug trafficking, are a draw on taxpayer-supported educational and health care services, and are a national security threat.

As a Christian, Sen. Delph said he tries to follow the commandment to love God and love his neighbor even though he admits that he fails quite often.

To ease concerns that his bill has created in the Hispanic community, Sen. Delph said he recently spent three hours addressing the Hispanic Chamber of Commerce in both English and Spanish.

The senator doesn’t think he changed their minds about the bill, but at least he is not viewed as the enemy.

Sen. Delph said he hopes his bill will send a message to Congress and to businesses who hire illegal workers.

“This legislation upholds one of the basic and fundamental pillars of democracy, the respect for the rule of law.”

If Senate Bill 335 passes the Indiana General Assembly, Jose Salinas, Marion County Court Judge who also testified in opposition to the bill, would be in a position to enforce the law.

He commented, “… when little kids and families go without food … then something is wrong with that rule of law.”

Sen. Thomas J. Wyss, (R-Fort Wayne), who serves as a member of the National Homeland Security Advisory Council and the U.S Attorney General’s Global Advisory Committee, said he voted against the bill because it is a federal issue.

“The solution needs to be initiated and addressed by Congress,” Sen. Wyss said. “We don’t want to have a patchwork of inconsistent state policies.”

Sen. Wyss said that while he is a strong opponent of illegal immigration, there needs to be a realistic policy which deals with the 12 million undocumented immigrants already living in this country.

Senate Bill 335 now goes to the Indiana House for consideration.

(Brigid Curtis Ayer is a correspondent for The Criterion.) †