Columbia County Citizens for Human Dignity

1. Q: Is it true that there is now a new law in Columbia County about hiring workers who are not authorized to work in the U.S.?
A: No. A Columbia County measure, concerning employment of unauthorized “aliens,” apparently received a majority vote on November 4, 2008. However, it is not yet in effect.

The County believes there are serious problems with the way the measure is written. Those problems may delay its implementation. Even if the County enforces the measure, there may be legal challenges to stop enforcement.

 

2. Q: Would the measure make it illegal to employ foreign workers?
A: No. The measure does not require employers to fire foreign employees. Employers must not fire foreign-born workers who are authorized to work in the U.S. and who are able to complete an I-9 form. In fact, it is against the law to fire someone based solely on their national origin or citizenship status. This would be considered discrimination. Discrimination is against the law.

3. Q: Okay, so what would the measure do?
A: If the measure goes into effect, it would apparently have three main effects:

• First, it would require employers in the County to use a federal database, E-Verify, to verify the documents that every new job applicant submits with their I-9. Under federal law, you can only use E-Verify for new employees. To “re-verify” documents of current employees could very well be considered illegal discrimination.
• Second, it could result in suspension of licenses or permits issued by the County or by cities in the County if an employer is found to have intentionally or knowingly hired a worker who is unauthorized to work in the US.
• Third, it would impose a $10,000 fine on any “contractor” found to have intentionally employed a worker who is not authorized to work in the U.S. It is not clear what the term “contractor” means in the measure.

4. Q: When will the measure start to be enforced?
A: It is very difficult to say when the County would start enforcement. The measure is so confusing, the County is working on how it can enforce the measure.

5. Q: Would the measure require employers to use the federal database, E-Verify, to check if all of their employees are authorized to work in the U.S.?
A: No. Employers would be using E-Verify only for new employees. Under federal law you cannot use E-Verify to check the documents of current employees.

6. Q: Do employers have to start using E-Verify right away?
A: No. The soonest that the E-Verify requirement could go into effect is January 1, 2009. But it’s not clear that employers will have to start using E-Verify then. The measure is so confusingly written, it is hard to say when it will go into effect.

7. Q: If the Columbia County measure goes into effect, will employers who cannot verify a worker’s documents be required to report the worker to Immigration or another authority?
A: No, the law would not require employers (or anyone else, except for the county attorney) to report anyone.

8. Q: I am an immigrant who works in Columbia County. If the Columbia County measure goes into effect, will my employer be required to fire me?
A: No. Employers must not fire foreign-born workers who are authorized to work in the U.S. and who are able to complete an I-9 form. It is against the law to fire someone based solely on their national origin or citizenship status. This would be discrimination. Discrimination is against the law should not be tolerated.

9. Q: If the Columbia County measure goes into effect, will employers have to fire all Spanish speaking and minority workers?
A: No. It is against the law to discriminate against an employee based on race, ethnicity, national origin—including appearance, accent, name, or where an employee was born.

10. Q: Isn’t already against the law to hire someone who you know is not authorized to work in the U.S.?
A: Yes. The measure wouldn’t change the law about who you can legally hire. It just adds the E-Verify requirement and the additional penalties, on top of existing federal penalties, for employing someone who you know is not authorized to work.

Adapted with permission from What Do the New(Arizona) Immigration Laws & Regulations Mean to Me? Common Questions and Answers (October 5, 2007, by Julie A. Pace (Ballard Spahr)), by Meg Heaton on November 10, 2008. Original available at http://azeir.org/pdf/QA-English.pdf

THIS Q&A IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE.

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