Massachusetts must do its part in dealing with illegal aliens

Sen. Richard T. Moore 06/30/2006

By Richard T. Moore

Finding a way to address the seemingly endless flow of illegal, or undocumented, aliens into the United States, including Massachusetts, has become a new "third rail" in American and Bay State politics.

Today’s immigrants come from all parts of the world, and those who arrive legally deserve to be welcomed and encouraged to become citizens. There are many reasons to celebrate the richness of the cultural diversity that U.S. immigration has contributed to the greatness of America. It has enriched and strengthened our nation and its history!

However, the laws that provide for screening immigrants and promoting citizenship need to be followed to protect our national interests. These laws need to be enforced, and, despite the ranting of some radio talk-show hosts, we need to be careful to avoid the more extreme measures of the past in responding to immigration issues. Clearly, there is legitimate concern among Americans about those immigrants who come to America without entering through approved channels -- the illegal aliens.

Right now there are an estimated 250,000 illegal aliens residing in Massachusetts, often using false identification, unbeknownst to state officials. As a matter of national security, this is unacceptable! We do not know, with confidence, who is living and working within the borders of the commonwealth.

Therefore, in the absence of a federal solution, it is part of our duty as state legislators to ensure that the state does everything it can to protect its citizens. The National Conference of State Legislatures has appointed a task force to help states develop a concerted response to the problem. In the meantime, what can states, like Massachusetts, do about illegal aliens?

First, Massachusetts should not be an active partner, financial or otherwise, in the violation of state or federal laws regarding employment and immigration. Those who go to work every day, pay their taxes and play by the rules deserve the complete commitment of the state to respect and enforce those rules.

Currently, there are no state requirements beyond the basic regulations of the Federal Immigration and Nationality Act for employers to verify immigration status. Thus, employers are only required to comply with the federal requirements, which provide little, if any verification of an employee’s status. Given this situation, the commonwealth could be employing illegal immigrants.

"An Act to Promote Fair Employment and Security in the Commonwealth," which I have co-sponsored, would make it much more difficult to live in this state illegally and undetected, thereby allowing law enforcement professionals to work more effectively. It comes on the heels of widespread media reports of employers doing business with the state hiring workers with questionable or illegal immigration status.

The bill requires the state and all businesses which contract with the state to ascertain and verify the immigration or citizenship status of their employees through available federal mechanisms. Failure to verify will result in the suspension or loss of contract with the state. This bill is an important step in our efforts to make sure that those working in Massachusetts are legal, law abiding citizens. In addition to enforcing its laws, the Commonwealth must set an example for private employers.

Additionally, the bill targets the issue of false identification, imposing penalties for those who use false identification or falsify identification documents. Persons who use false identification to obtain or maintain employment from a business that contracts with the state will be subject to a fine of not more than $5,000 or by imprisonment for not more than 5 years, in a jail or house of correction for not more than two years.

The proposal also creates new penalties for falsifying a learner’s permit, driver’s license or state identification card with the intent to distribute the falsified document. Recognizing that all too often these documents are mass produced and sold the penalties for falsifying such documents will increase based on number. We need to take a multifaceted approach in dealing with the problem of undocumented workers in Massachusetts.

Penalizing people who illegally use and falsify identification documents sends a clear and strong message that here, in the commonwealth; we will not support or condone such illegal behavior. The legislative proposal would also require the Attorney General to enter into a memorandum of understanding with the United States Attorney General to collaborate with regard to the investigation and enforcement of alleged violations of federal immigration law.

Importantly, the bill also stipulates that the Attorney General establish a toll-free telephone reporting system for confidential reporting of unlawful employment of unauthorized aliens and state fair wage laws. Requirements for verification of immigration and/or citizenship status in criminal proceedings are also included in the proposed bill.

Specifically, a person who is incarcerated for driving under the influence of intoxicating substances or another felony, and any defendant appearing before the court, will have the identification checked. Legally documented citizens who apply for public housing are also protected in the bill.

A framework is established to prevent the displacement of legal applicants by those not present in Massachusetts under the color of law. We are doing what we can, within the scope of state authority, to address the concerns about illegal aliens.

The federal government, by enforcing existing penalties against private employers who hire illegal aliens, and doing a better job with border security, would make our efforts that much more effective.

Until we eliminate the visions of immigrants of "streets paved with gold" -- the lure of illegal employment, we will not be able to control who comes to America. It’s time for the federal government to join with the states to solve the problem of illegal immigration.

Massachusetts State Senator Richard T. Moore is a Democrat from Uxbridge.

©The Call 2006

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