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In-depth on Kentucky House illegal immigration legislation

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By Stu Johnson

http://stream.publicbroadcasting.net/production/mp3/wkms/local-wkms-950443.mp3

Frankfort, KY – The issue of illegal immigration is likely to get a lot of attention over the next few weeks in Frankfort. Whether the Kentucky general assembly takes any final action on legislation is another matter. Kentucky Public Radio's Stu Johnson reports it appears house members are preparing for a deliberate review of illegal alien legislation.

A house measure that cracks down on illegal immigration targets government contractors. By a unanimous vote, the House Labor and Industry Committee approved the bill sponsored by Nicholasville Representative Robert Damron.

"We believe that this is a way to really deal with illegal immigrants that are here taking Kentucky jobs." said Damron

The legislation says all businesses that contract with state and local governments must check the status of employees. It sets out the same hiring requirements within state and local governments. That means they must punch a potential worker's name into the Federal government's E-verify data base. E-verify then reports back on an immigrant's work status. "The language would come back that the person is approved as a documented worker or not approved as a documented worker" said Damron

"So it will say either way? asked Weku's Stu Johnson

"Yeh, it will say either way," responded Damron.

Larry Roberts, who favors the bill, directs the Kentucky State Building Trades organization "My members are angry right now they're angry because they're losing. They don't have a job. Some of them are losing their homes and they're looking out and they're seeing good paying jobs being held by those that are illegal," added Roberts.

Roberts clams the Commonwealth of Kentucky loses revenue when undocumented workers are put on a company's payroll.

Damron was recently in a pizza restaurant which featured sign reading, We Use E-verify.' The central Kentucky lawmaker says the store representative told him the sign carries a straightforward message. "I have almost nobody ever apply anymore that triggers that system because when they walk into this business and they look at that wall and it says we use e-verify they don't bother to apply, they just turn around and leave," explained Damron.

Under the bill, employers caught hiring illegal workers would be punished. For the first offense, Damron says the company couldn't do business with state and local governments for one year. With a second offense, the ban would be extended to five years. Damron says he has heard no complaints from state and local leaders.

"It's pretty hard for someone to stand up and say I don't want to verify that an individual working for government is legal," said Damron.

Still, there were questions about the E-verify system. During a committee meeting, Louisville representative Joni Jenkins quizzed Damron. If E-verify makes a mistake, Jenkins wanted to know if there is a way to fix it.

"Like if I went in there and applied for a job and for some reason through a glitch I was thrown out? asked Jenkins.

"Yes there's a process for appeal for the prospective employee," responded Damrom.

"Yes .ok thank you." said Jenkins.

There are opponents. Kate Miller, who's with the American Civil Liberties Union argues the E-verify data base is flawed and its legality will be debated by the U-S Supreme Court.

Miller also worries about discrimination. She predicts some employers may shy away from hiring Hispanic workers, whether or not they're in the country legally.

"Employers are more likely to target people that they believe are here unlawfully, so if you might fit the stereotype of an undocumented immigrant, regardless of whether or not you are one, you might be a citizen, you're gonna' face the same repercussions," said Miller.

A similar bill passed the house last year, but died in the state senate. So, Representative Damron is making no predictions on how the bill could fare there this session.

Meanwhile, an immigration bill approved last month by the state senate was reviewed Wednesday by the House Local Government Committee, but no vote was taken. It gives local police authority to arrest undocumented workers, who could then be deported.