California Work permit measure floated

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Work permit measure floated

By Susan Ferriss / The Sacramento Bee

04/03/07 04:03:17

A California Assembly member who says he's tired of waiting for Congress to change immigration laws has come up with his own bill to provide a "California work permit" to undocumented workers for three years.

Assembly Member Rick Keene, R-Chico, introduced his proposed "Employer Security and Accountability Act" to the Assembly's labor committee on Thursday.

The bill, which some experts say is patently unconstitutional -- would create a state work permit for non-U.S. citizens, including undocumented workers. It would require employers to ask to see the permits and verify them through a state "hot line." Employers could face a $10,000 fine for failing to comply.

The proposed law also would garnish 8% of the wages of undocumented workers -- exempting legal immigrants -- to contribute to California's general fund to help pay for public education, police, health and other services. If undocumented workers don't become legal residents within three years, Keene said, they would lose the permit.

"The Congress has been saying it's going to address this issue, but they're doing nothing about it," Keene said. "Frankly, personally, I'm frustrated with sitting here waiting for them to do something about immigration."

Congress has resumed debate on immigration reform again, Keene acknowledged. But as the 2008 presidential campaign heats up, he said, politicians will steer clear of any firm stance on immigration reform for fear of that position being unpopular.

Keene said he's not trying to resolve the federal immigration crisis and doesn't have a position on what kind of reform he wants Congress to enact.

He said he is trying to address constituents' concerns in his district, while also trying to address the perception that many illegal immigrants work under the table and don't pay into the tax system.

Bill Hing, a University of California at Davis specialist in the history of immigration law, said some research shows that most illegal immigrants pay taxes through their jobs. Regardless, he said, Keene's bill is dead on arrival because the state has no power over immigration law.

"It's a nice swing, but I think it's a strike," Hing said.

Carl Borden, an attorney with the California Farm Bureau, said his trade group supports work permits -- but wants the federal government to soon act to issue them.

"It's just going to create confusion," Borden said of Keene's bill.