Studies have shown that immigration has reduced earnings for U.S. workers by $1,700 a year, with the poorest of workers – in particular, black dropouts – seeing a 14 percent decline in wages. Meanwhile, more than 250,000 North Carolinians are unemployed. The state should make it a priority to train and find jobs for these workers instead of turning a blind eye to discriminatory labor practices.
End Discriminatory Labor Practices
• Define as an “unfair labor practice” the firing of a U.S. citizen or permanent legal alien if the employer also employs undocumented workers
Under such legislation, a U.S. citizen who is fired would be able to file suit against his employer for wrongful termination. Oklahoma recently passed a similar law (cf. HB 1804).
• Withhold taxes from undocumented workers
Require employers to withhold state income tax from any independent contractor (Form 1099 employee) who fails to provide a Social Security number (cf. Oklahoma’s HB 1804). In effect, this law would treat such contractors as out-of-state residents for the purposes of income tax withholding (cf. G.S. § 105-163.3).
Likewise, eliminate the state income tax deduction for wages paid to any employee who fails to provide his employer with a Social Security card or work visa (cf. G.S. § 105-130.5(a)).
End the Black Market for Illegal Labor
• Expand the use of the E-Verify System for public employers
Require all public employers (not just the state of North Carolina and its school systems, per G.S. § 126-7.1), as well as contractors and subcontractors hired by any public entity, to verify the legal status of all employees by means of the federal work authorization E-Verify (Basic Pilot Program) system. The E-Verify system is free and takes just seconds to use, with more than 1,000 new employers joining each week over the past year.
• Require every private employer that receives state economic development incentives to participate in the E-Verify system
Put North Carolina Workers First
• Prohibit illegal aliens from attending any community college or public college or university in North Carolina
North Carolina’s community college and university systems are enrolling illegal aliens at the out-of-state tuition rate and, in some cases (cf. G.S. § 115D-39), at the in-state rate. In accordance with federal law (8 USC § 1621), all but 10 states do not provide in-state tuition to illegals. Several other states, including South Carolina, also prohibit undocumented students from receiving any form of state tuition assistance or scholarships.
What Voters Like:
• Securing the border and enforcing America’s immigration laws before new immigration laws are passed (81%)
• Prohibiting community colleges from enrolling illegal immigrants (68%)
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Virginia Schools Bar Illegal Immigrants from State Universities and Colleges |
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In September 2002, Virginia’s attorney general issued a memo advising that state universities and colleges cease admitting illegal aliens. The advisory opinion was ignored by some institutions, but adopted by others, including seven prominent schools: the University of Virginia, Virginia Tech, George Mason University, James Madison University, the College of William and Mary, Virginia Commonwealth University, and Northern Virginia Community College. In September 2003, the Mexican American Legal Defense and Educational Fund challenged the policy in federal court. The state’s position was upheld by Judge T. S. Ellis III of the Eastern District of Virginia, who confirmed that “the colleges and universities could deny admission to anyone they chose, without violating the Constitution or exceeding their authority.” In July 2004, Judge Ellis further held that the schools had used appropriate standards for determining immigration status. In March 2008, Virginia Attorney General Bob McDonnell issued another memorandum stating that the adult children (even those born in Virginia, up to age 24) of illegal aliens should be classified as out-of-state residents for tuition purposes. |
• Prohibit illegal aliens from enrolling in taxpayer-subsidized job training and adult literacy classes
According to the state’s Fiscal Research Division, the North Carolina Community College System is providing such training via the Basic Skills program, which is offered free to any adult (over age 16 ½) – “both documented and undocumented” – who is a resident of North Carolina. The state should likewise make undocumented students ineligible for participation in the Learn & Earn program, which provides a free two-year college education to select students.
• Confirm the ineligibility of illegal aliens for all professional and commercial licenses
The federal Welfare Reform Act (1996) prohibits illegal aliens from being granted any kind of professional or commercial license, whether issued by the federal government or a state/local government. The state attorney general should review existing state and local policies to eliminate any loopholes and issue a formal opinion confirming this law. Given that state agencies are already using the E-Verify system to review job applicants, these same agencies could use E-Verify to confirm the eligibility of applicants for professional and commercial licenses.
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North Carolina: Professional and Commercial Licensure of Illegal Aliens |
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Although U.S. immigration law prohibits extending professional or commercial licenses of any kind to illegal aliens, North Carolina’s own policies in this area are an inconsistent patchwork of requirements and regulations. Some state agencies, such as the Alcoholic Beverage Control (ABC) Commission and the Board of Nursing, require applicants to provide a Social Security number, which is then verified via a criminal background check. This process theoretically ensures that illegal immigrants are not licensed. But not all agencies are this thorough. For example, the Board of Landscape Architects allows an applicant to leave the Social Security number portion of his application blank. The board neither performs a background check nor does it verify immigration status. |