Illegal-worker bill sends right message

Inter Lake editorial

You have to hand it to Rep. Mike Jopek.

He has the right attitude about how to make an impact on illegal immigration in this country, and about how to make legislation.

House Bill 185 was introduced by Jopek, D-Whitefish, in order to toughen penalties on Montana employers who are knowingly employing illegal aliens.

When told by his fellow legislators that there were some problems with the language of the bill, he responded: "Amend it. Let's make it work."

That should be the attitude of the whole country as we face one of the largest crises in our history - an open border with Mexico that invites millions of illegal workers into our country at a time when our economy has been shipping millions of jobs overseas.

Lots of people are talking about the problem, but not many people are doing anything about it, so give Jopek credit.

Montana Code already contains a ban on hiring illegal workers, but the penalty for infractions is just $300, and it is levied against a "person" not an "employer." In addition, employers may be sued to force them to stop hiring illegal aliens "and to gain other appropriate relief."

Jopek's bill changes the law so that it clearly establishes the $300 fine can be levied against the employer "for each violation." It also proposes that the state may seek either a temporary or permanent injunction prohibiting an employer from transacting any business in the state after three violations of the law.

This latter provision may be what Jopek's fellow legislators are worried about. They may think it is draconian to shut down a business for violation of labor law.

Perhaps they are right. We would favor increasing fines for each violation. Employers should be hurt in their pocketbooks for flouting the law, but not necessarily shut down. There is no need to hurt the legal workers who are employed by those companies, nor to take away the right to do business. We simply need to ensure that business is done legally.

Jopek's bill, with proper amendments, can achieve that. He should be commended for taking the lead on this issue, and we hope his fellow Democrats will be equally serious about the threat that illegal workers pose. Republicans also need to lend their support, as legislators work together to fix a serious problem that has been ignored for years.

Don't forget that it is already a federal felony to employ an illegal alien or assist one to find employment, punishable by up to five years in jail. The problem is that the federal law is barely enforced. Under President Bush, there has been a sharp downturn in prosecutions for hiring and harboring illegal aliens.

That's why states more and more are taking action themselves. Montana should send a strong message to illegal aliens, to employers and to Washington, D.C., that illegal behavior will not be tolerated in our state. Period.