Talk about U.S. Immigration

Indiana on Immigration Law

March 3, 2008 on 10:01 am | In Uncategorized | 1 Comment

The Indiana State Legislature is considering imposition of the employer sanctions for hiring unauthorized labor. If the Bill is enacted, Indiana would join a group of other States that have enacted similar legislations punishing employers for hiring undocumented or unauthorized foreign nationals with knowledge that they do not possess the employment authorization.

Although, it has been repeatedly held that immigration is a subject of federal legislation, several States are beginning to legislate in this area pointing out the failure of the Congress in 2006 and ‘07 to enact a Comprehensive Immigration Reform. Earlier, a challenge to Arizona’s “Legal Arizona Workers Act” was turned down by a Federal District Court on the ground that the States are within their authority to enact laws relating to licensing sanctions against employers under the savings clause of the Immigration and Nationality Act. Section 274A(h)(2).

As Indiana considers the imposition of licensing sanctions against its employers for unauthorized hiring of foreign nationals the final details of the Bill are expected to be sorted out as the legislative session ends Mid March ‘08. Indiana immigration Bill, like similar legislations of other States, seeks to impose a three tier punishment on the employers: first a warning, then suspension and lastly revocation of business lincense.