Illegal workers: House revives measure

HELENA - A bill that would tighten penalties for employers who repeatedly hire illegal immigrants found new life Monday in the Montana House.

House Bill 185, sponsored by Rep. Mike Jopek, D-Whitefish, had been tabled in committee and defeated on a 49-49 floor vote last Saturday.

But Republicans decided to back the bill Monday with an 89-9 vote that brought it back to the floor for an afternoon debate.

The legislation aims to strengthen a state statute that sets a $300 fine for employers who hire undocumented workers.

Jopek said the state law needs more teeth to hold employers accountable for a problem that is increasing in Montana and nationwide.

The $300 fine is not an effective deterrent, he said. When undocumented workers are arrested, that fine doesn't even cover the cost of processing them through a county courthouse.

As amended Monday, the bill maintains the fine, but after three offenses, it allows the Montana Department of Labor of the Attorney General's office to seek a court injunction to prevent the offending employer "from transacting any business in this state."

The amendment did away with a provision that would revoke an employer's business license, which was considered potentially unconstitutional by legislative attorneys.

Jopek explained on the floor that the bill will apply to growing employment of undocumented workers in construction and service trades. Their employers, he said, are often out-of-state contractors who hire undocumented workers, creating a competitive advantage over Montana contractors.

The amended bill passed a second reading on an 85-5 vote and will be considered for a final vote in the House today.