Immigration

Worker misclassification penalties critical to
illegal immigration reform

 

In an effort to address problems associated with illegal immigration, the House approved measures for immigration reform during the 2008 legislative session.  Unfortunately, a final compromise was never reached between the House and Senate.  The House plan was by far the strongest proposal for immigration reform and created strong incentives to comply with Kansas hiring, voting and identity theft laws. Unfortunately, the Senate effort stopped short. The Senate immigration bill ignored the core issue that draws the most illegal immigrants here and most impacts the pocketbooks of Kansas taxpayers: worker misclassification.

Jobs serve as the number one reason illegal immigrants come to Kansas. Businesses that illegally misclassify workers do so to avoid paying worker benefits (such as overtime and worker compensation) and other taxes. This results in loss of revenue for Kansas and endorses abusive business practices. Additionally, business owners who knowingly misclassify will take advantage of any worker, whether they are an illegal alien or Kansas native. This problem must be addressed both to harness illegal immigration and honor Kansas working families and businesses that play by the rules. The Attorney General endorsed worker misclassification penalties as the most effective method available for local and state law enforcement agencies to address illegal immigration. Without this provision, agencies do not have the tools to prosecute the crime effectively.

Rather than enact penalties for dishonest employers who intentionally break the law by hiring illegal workers, opposition allowed reform efforts to die. Illegal immigration is ultimately a federal issue, but if we are going to address immigration reform in Kansas, it must be meaningful. Failing to address the core problem of illegal immigration will render legislation useless and waste taxpayer dollars. Only with the right approach can Kansas truly address the problem while still guaranteeing the American Dream to all who lawfully pursue it.

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© 2008 Kansans House Democratic Caucus. Paid for by Kansans for a Democratic House, Dustin Hardison, Treasurer.
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