Defanging The States On Illegal Immigration

August 12, 2005

 

Since we began our Demagnetize Tennessee movement several months ago, I've wondered why we never enforce illegal immigrant hiring laws already on the books. State law requires the Labor Department to yank the business license of any employer knowingly hiring an illegal alien. Under our state law, they can no longer do business in Tennessee ever again. I wanted to know why this law was not being enforced. After an e-mail to Tennessee Labor Commissioner James Neeley, I discovered the ugly truth. The epicenter of this problem is The Immigration Reform and Control Act of 1986 which actually went into effect in June of 1988.

 

Although I was certainly familiar with this act, I had no idea to what extent it had usurped state authority to control the hiring of illegals. That I learned from a representative from Commissioner Neeley's office. It just so happens that part of The Immigration Reform and Control Act preempts state sanctions against employers of illegal aliens. While the state law mandated the stripping of the employer's business license, the federal law merely slapped them with a fine starting at $250. In addition, sole enforcement authority was transferred to the INS, now ICE (Immigration and Customs Enforcement), an undermanned, overworked section of the federal bureaucracy totally ill-equipped to handle the problem of illegal immigration nationwide.

 

Now it all makes sense. Ever wondered why we've seen a tremendous influx of illegals in the last decade or so? Look no further than The Immigration Reform and Control Act. Not only did it emasculate the states, it granted amnesty for illegals already here, something our current president advocates. One need only look at the explosion of illegals in this country to understand what a bad idea that was.

 

I obtained a copy of a memo written by then-Labor Commissioner James White. Mr. White regretfully informed his staff of the federal intrusion of their territory. Prior to that, Labor Standards Inspectors were dispatched to yank the licenses of those in violation of state law. “I know that some of you may regret that the federal government has preempted state enforcement in this area,” he wrote, “but dealing with illegal aliens is an area where the federal government has blanket authority.” Really? I suspect former Commissioner White was working off some bad legal advice. I've read and re-read the Constitution and I don't see anything in there about the authority to control the hiring of illegal aliens. With that being the case, the Tenth Amendment specifically states that anything not included in the Constitution is under the authority of the states.

 

This law needs to be challenged, but don't hold your breath. States have shown little or no stomach for suing the federal government. In turn, the feds continue to encroach on the rights of states and their citizens. Now we have an illegal alien invasion and our federal government practices a “catch and release” policy.

 

Demagnetize Tennessee will go forward. In the absence of our state's willingness to challenge the federal government on this issue, we're taking our battle directly to the ICE man. I've begun collecting verifiable information pertaining to the hiring of illegal aliens. I'll be taking those cases directly to the ICE office and will personally follow up on each case.

 

The squeaky wheel gets the grease, as the old saying goes. It's time our “squeak” reaches a fevered pitch. Obviously, the billions of dollars we're hemorrhaging each year because of illegal immigration isn't enough. It may take another September 11-style attack to get their attention. Perhaps then the federal government will begin enforcing the law.