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July 13, 2006

Bredesen Flip-Flops on Illegal Immigration, Promises State Role Under Pressure from Bryson Campaign

First he said he was against it, now he's for it - Tennessee Gov. Phil Bredesen, clearly feeling the heat on the illegal immigration issue, now says he is in favor of having state and local law enforcement play a bigger role in combating illegal immigration. Nashville City Paper has the story. Bredesen is only responding to reality - and to the pressure put on him by Republican gubernatorial candidate Jim Bryson, who as a state senator last year pushed legislation to that end, only to have it killed in committee after Bredesen publicly opposed it.

From the City Paper:

Bredesen said Wednesday in a conference call with reporters that he is "paying attention" to immigration now and that he has been "for some time."

"It's a problem whose time has come for us all to step up and figure out how to solve it," Bredesen said.

It is heartening that Bredesen is finally paying attention to this very important issue. But last spring, when Bredesen had a chance to support Bryson's legislation, he declined, saying immigration was a "federal issue," not a state issue, and that Tennessee "should not be responsible for enforcing the federal immigration laws of the United States."

A real change of heart, or election-year flp-floppery? You make the call.

Posted in Campaign Season

Comments

Tennessee's 2006 state legislative session dealt with two bills regarding immigration-enforcement cooperation between state and federal authorities. One bill was introduced by Democrats, the other by Republicans, but both bills ended up as bipartisan efforts. The Republicans' bill, introduced by state Sen. Mark Norris and state Rep. Dolores Gresham, was the better bill, because it would have required the enforcement cooperation. The Democrats' bill did not require. Neither bill was passed.

As I have pointed out many times, under federal law, state and local law enforcement officers already have the authority to enforce federal immigration laws, and this authoriy has been affirmed in two or more circuit court decisions. The training for state and local officers is provided for in federal law, and the feds pay for it.

Posted by: Donna Locke at July 13, 2006 2:25 PM

Perhaps Gov. Bredesen is not informed of the Tennessee law regarding the HIRING of ILLEGALS.


Tennessee Code Annotated Citation - Employing Illegal Aliens

50-1-103. Employment of illegal aliens.

(a) It is unlawful for any person, unless granted an exemption by the United States department of labor pursuant to its rulemaking authority, to knowingly employ or refer for employment any individual who has illegally entered the United States.

(b) For the purposes of this section, "person" includes any individual, partnership, association, company, business or corporation regulated by, doing business in, or using the services of employees in the state, and also includes any employment agency, contract labor provider, or organized employee organization which refers prospective employees to employers.

(c) No person, employment agency, contract labor provider, organized employee organization who refers prospective employees to employers, or corporation shall be considered to be in knowing and willful violation of this section in any case in which a prospective employee presented a social security card, driver license, birth certificate, vehicle registration or work visa which demonstrated that such prospective employee is not an illegal alien.

(d) A knowing and willful violation of this section is a Class B misdemeanor. In addition, the license of any person violating this section shall be revoked and such person shall be forever barred from doing business in this state.

(e) (1) The provisions of this section shall be enforced by the department.

(2) The department is authorized to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this section. The commissioner of agriculture shall approve all proposed rules and regulations relative to agriculture before promulgation by the department. For the purposes of this section, a nursery is considered an agricultural employer.

[Acts 1985, ch. 245, ? 1; 1986, ch. 847, ?? 1-3; 1989, ch. 591, ? 112; 1999, ch. 520, ? 41.]

Posted by: Rick Forman at July 14, 2006 1:04 AM

While my friend Jim Bryson is right as far as he goes, the real solution is to make it a crime under state law for ANY employer to hire ILLEGALS, and then enforce it. If we cut off the demand, we cut off the supply. As JD Hayworth has said," A few good perp walks will solve this problem."

Posted by: Raymond Baker at July 14, 2006 6:37 AM

Since the state believes it is justified to seize property for all types of crimes, why not use asset forfeiture against businesses hiring illegal aliens?

Ah, but that would be biting the lobbyist hands that feed the politicians.

Posted by: Rick Forman at July 14, 2006 7:18 PM

Rick, as I'm sure you know, since Alabama state troopers began helping enforce federal immigration laws, Alabama has seized a number of assets, usually drug-related. Quite lucrative. Tennessee needs to get in on this.

Posted by: Donna Locke at July 14, 2006 10:21 PM

WAKE UP TENNESSEE - THEY ARE ORGANIZED!

TENNESSEE IMMIGRANT AND REFUGEE RIGHTS COALITION
TIRRC is a statewide, immigrant and refugee-led collaboration whose mission is to empower immigrants and refugees throughout Tennessee to develop a unified voice, defend their rights, and create an atmosphere in which they are viewed as positive contributors to the state.



The 2005-2006 TN legislative session is finally over!
(read press coverage)

On Saturday, the TN General Assembly completed its two-year session. During that time, a record twenty bills were introduced that would have restricted the rights of immigrants and refugees in Tennessee, including efforts to turn all state and local employees into federal immigration agents, impose a constitutional ban on immigrant access to government services, prohibit the translation of vital driver's license documents, and repeal TN's driving certificate program.
EVERY ONE OF THESE BILLS WAS DEFEATED!

Thank you to the countless supporters who called their representatives, contacted committee members, participated in pro-immigrant rallies, attended the 3rd annual Legislative Reception, and came to the legislature to speak against these bills. While many of these bills collapsed under the weight of their own poor design, many others came dangerously close to passing. The final anti-immigrant measure failed just last week on the Senate floor; the bill to deputize TN Highway Patrol officers as immigration agents was withdrawn at the last minute by the Senate sponsor, whose office reported receiving over 1,000 phone calls in opposition to the bill. Amazing work, everyone! Thank you also to the many ally groups that met with policymakers, arguing effectively that anti-immigrant legislation damages our communities, discourages economic development, and points TN in the wrong direction.

The TN legislature has adjourned for the year, but there is still much work to be done. While legislative attempts to repeal the driving certificate program were defeated, the program has been suspended since February for undocumented immigrants. We must continue our organizing efforts to encourage the TN Department of Safety to improve and fully reinstate the program, before any more immigrants are forced to drive with no documents in order to work and feed their families (click here for a petition in English and Spanish). We will also be convening our Regional Councils to discuss our proactive priority issue campaigns, and to develop strategies for success.

Thanks again to everyone who worked so hard to defeat these bills!

Failed Legislation

State/Local Government Employees as Immigration Enforcement Officials

SB 2869 Haynes/ HB2818 Moore ? AUTHORIZE TN HIGHWAY PATROL TO ENFORCE FEDERAL IMMIGRATION LAW (read full text) Permits commissioner of safety to negotiate and enter a memorandum of understanding (MOU) with federal authorities to provide appropriate training for certain highway patrol officers to enforce federal immigration laws in Tennessee during the normal course of their duties. TALKING POINTS
SB 2426 Norris/ HB3229 Gresham ? REQUIRE TN HIGHWAY PATROL TO ENFORCE FEDERAL IMMIGRATION LAW (read full text) Similar to SB 2869, except it makes the MOUs mandatory. TALKING POINTS
SB 2412 Norris/HB 2498 Todd ? STATE EMPLOYEES MUST TURN IN UNDOCUMENTED IMMIGRANTS (read full text) On the surface of this bill, the "Tennessee Taxpayer and Citizen Protection Act," is a measure to prevent non-citizens from voting. In reality there is a lot more to this legislation. As it states towards the bottom of the bill, ?Creates a Class A misdemeanor offense for failure on the part of state employees to report immigration violations to federal authorities.? TALKING POINTS
Repeal of Driving Certificate Program

SB 3899 by Kyle/ HB 4016 by McMillan ? DRIVING CERTIFICATE PROGRAM SUSPENSION/REPEAL (read full text) This bill, as amended by House amendment 1, would suspend the driving certificate program until July of 2007. The Senate further amended the bill in Transportation committee to eliminate the certificate program altogether. TALKING POINTS
SB 3123 by Ketron/HB 2903 Rowland ? DRIVING CERTIFICATE REPEAL (read full text) This bill would change the state?s driver?s license requirements, by eliminating the driving certificate, and requiring a driver?s license applicant to provide a social security number or INS documentation. TALKING POINTS
SB 3378 Herron/ HB 3531 Pinion ? DENIAL OF DRIVING CERTIFICATES TO UNDOCUMENTED IMMIGRANTS (read)
SB 1050 Ketron/HB 2132 Rowland ? DRIVING CERTIFICATE REPEAL (read full text)
Discrimination Against the Foreign-Born and Limited English Proficient

SB 0303 Ketron/HB 0242 DuBois ? PROHIBIT TRANSLATION OF DRIVER'S LICENSE EXAM (read full text)
This bill, if passed into law, would require the written driver license exam to be given only in English. This would erase the progress made to translate into additional languages such as Arabic and Vietnamese. It would also erase languages currently available such as Spanish, Japanese, and Korean. TALKING POINTS.
Denial of Access to Public Services for Immigrants

SJR 528 Tracy ? AMEND TN CONSTITUTION TO DENY GOVERNMENT SERVICES TO UNDOCUMENTED IMMIGRANTS. Proposes an amendment to Article XI of the state constitution to ban non-emergency government services to persons not lawfully residing in the United States (read full text). TALKING POINTS
SB 3482 Ketron/HB 2873 DuBois ? REQUIRES VERIFICATION OF IMMIGRATION STATUS FOR ALL HEALTH SERVICES AND ASSISTANCE (read full text)
SB 2567 Ketron/ HB2584 Rowland ? RESTRICTS ACCEPTABLE IDENTIFICATION FOR RENEWING MOTOR VEHICLE REGISTRATION (read full text)
SB 1928 Jackson, Ketron/HB 2217 Buck ? NO FALSE DOCUMENTS (read full text) Creates a Class C felony offense for providing a public servant with documentation falsely stating or implying that a person is a legally documented immigrant to the United States for the purpose of obtaining certain public benefits including TennCare. House version was amended to remove anti-immigrant language, applying the law to "any person" who provides false documentation. FACT SHEET.
SB 1906* Jackson/HB 2218 Buck ? DENIAL OF PUBLIC BENEFITS TO UNDOCUMENTED IMMIGRANTS, INCLUDING DRIVING CERTIFICATE (read full text). This bill, if passed, would prohibit undocumented immigrants from receiving ?public indigency benefits? funded by the state, defined to include driving certificates.TALKING POINTS
Punishment for Employers Who Hire Undocumented Workers

SB 2877 Haynes/HB 2815 Moore ? EMPLOYMENT OF UNDOCUMENTED WORKERS (read full text) Creates a Class E felony for "knowingly" employing an undocumented worker.
SB 2876 Haynes/HB3426 McMillan ? EMPLOYMENT OF UNDOCUMENTED WORKERS (read full text) Increases penalty for persons who knowingly employ or refer illegal aliens for employment from a Class B misdemeanor to a Class A misdemeanor; directs department of labor and workforce development to study the effect of illegal immigration on Tennessee.
SB 3481 Ketron/HB2867 DuBois ? EMPLOYMENT VERIFICATION OF IMMIGRATION STATUS (read full text) Requires all government entities and contractors to participate in the federal government's "basic pilot program" for verification of work authorization.
SB 2783 Bryson/HB3117 Casada ? NEW QUESTIONS FOR STATE LICENSE APPLICANTS (read full text) Requires applicants for certain state licenses to attest to whether they've been assessed a penalty under federal law for hiring an undocumented worker and establishes procedures for denying a license.
SB 2784 Bryson/HB3118 Casada ? NEW QUESTIONS FOR BUSINESS TAX REGISTRANTS (read full text) Requires business tax applicants to attest to whether they've been assessed a penalty under federal law for hiring an undocumented worker and establishes procedures for denying a license.
Passed Legislation

SB 0411 Haynes/HB 0111 Moore, Newton ? CONTRACTING AND IMMIGRANTS (read full text) Prohibits any person who bids for government contracts to "knowingly utilize the services of illegal immigrants." Specifies that any person discovered utilizing illegal immigrants will be prevented from submitting a bid on any state contract for one year.

For questions or comments, please contact TIRRC's policy director, Stephen Fotopulos, at stephen@tnimmigrant.org.


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Posted by: Mary Chamberlain at July 25, 2006 5:47 AM

WAKE UP TENNESSEE, PART II


TIRRC's website says a supporter in the Memphis, Tennessee area is Latino Memphis. The Latino Memphis website names their supporters in Tennessee which includes:

The Frist Foundation in NASHVILLE.
Thomas H. Frist, Jr chairman of foundation and of HCA, Inc.

Senator Bill Frist's bio says he is a member of the Board of Directors of the Frist Foundation.

Posted by: Mary Chamberlain at July 31, 2006 5:32 AM
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