AB 263 Criminalizing The Reporting Of Illegals

[ilbegone]

I think this has more to do with something like an illegal calling OSHA or participating in a union drive, whereupon the employer calls immigration concerning a fraudulent I9 to get rid of the "problem".

I have a dim recollection of an employer (or more) who used to employ illegals on a promise of big money, but called INS on the employees when payoff was due.

OSHA is the last entity any employee wants to contact - the company will figure out who it was that filed (even if the complaint was anonymous) and figure out a way to terminate the employee for cause.

And maybe can a few more to whip the rest into shape.

[Ayatollahgondola]

Originally Posted by ilbegone

I think this has more to do with something like an illegal calling OSHA or participating in a union drive, whereupon the employer calls immigration concerning a fraudulent I9 to get rid of the "problem"..

Unfortunately it encompasses "any other person" in addition ot being directed at employers. We'll see what happens during the analysis, but a judge has already ruled that a company has a first amendment right to report a crime or violator to the federal government. The case cited is a bank who was sued for denying a loan to an illegal, and then reported said illegal to immigration authorities

[Ayatollahgondola]

The case cited can be found here. So the proposed law conflicts with the Anti-SLAPP laws already in print in the California codes:

http://nelp.3cdn.net/bb1294200d9f4d0e55_apm6bxws9.pdf

[Ayatollahgondola]

Update:

ARGUMENTS IN OPPOSITION:
The California Employment Law Council (CELC), representing management lawyers in labor and employment matters, argues in opposition:
"While there is a legitimate policy question about the activities delineated, one major problem with AB 263 is that the bill essentially provides a 'two strikes and you are out' penalty for violations. The bill would require courts to permanently revoke all licenses possessed by the business for second or subsequent violations of unfair immigration-related practices, except for professional licenses. This would appear to require a court, for example, to permanently revoke applicable business licenses for two violations by a rogue supervisor of a large employer, permanently putting the business out of operation at a given location.
We pledge to work with the author to address concerns about unfair immigration practices with employers, but the provisions of AB 263 are vastly overbroad and could threaten the operation of responsible businesses."
A group calling itself Save our State argues that the bill "is being offered in a disguised attempt to dissuade employers from reporting illegal aliens to ICE or other federal immigration authorities." This group concludes, "California's people and businesses shall retain their rights to report crime, and the legislature shall make no law infringing upon the right to freely speak, and especially so, to access law enforcement on matters of their choosing without fear of reprisal."