By C.J. Harte

Correspondent

FRANKFORT — A bill to crack down on illegal aliens working and living in Kentucky is to be filed by State Representative Rick Nelson. The bill is to be considered by the 2008 Kentucky General Assembly.

By giving local law enforcement the ability to enforce immigration laws and by increasing prosecution of businesses that hire illegal aliens, Nelson said his proposal will “significantly reduce” the number of undocumented workers in the state. He also said the bill will also cut down on the total number of illegal aliens in Kentucky by making it less desirable for undocumented workers to locate their families here.

“Our schools, jails and tax system is being crushed under the weight of Kentucky’s illegal immigration crisis. The only way to solve the problem is to make it more difficult for undocumented workers to find employment in our state. That is what will happen under this tough piece of legislation,” stated Nelson.

Under Nelson’s bill, businesses found guilty of knowingly or intentionally hiring an undocumented worker for the first time or anytime would not only face suspension of their business license but could lose their license permanently if they continue to hire undocumented workers within three to five years after their violation. State courts could also order the firing of an undocumented worker at any time under the proposal.

“It doesn’t matter if he or she is the first or the 14th illegal alien that business employs. If a business is found to have these individuals on their payroll, there will be consequences,” Nelson said.

To ensure that workers are legal, businesses would be required to verify employee work eligibility through the federal government’s Basic Pilot Program. The program enables employers to check an employee’s identity against federal immigration, Social Security and other records.

Use of the Basic Pilot Program would be one of three defenses a business would have in court if they are charged with a violation. Complying in “good faith” with federal immigration law and believing in good faith that acting otherwise would have led to a violation other laws — such as antidiscrimination laws — are the other two.

The undocumented worker and other illegal aliens could also face serious consequences. A provision in the bill that would allow federally-trained local law enforcement to enforce immigration law and another provision that would create a state police enforcement unit and tip line for immigration violations are added protection against illegal immigration, said Nelson.

Nelson’s proposal is modeled after a 2007 Arizona law that is considered the strictest immigration law in the country. That legislation is called The Legal Arizona Workers Act, was signed into law in July.

Undocumented workers are not the only persons who would be affected by the legislation. Nelson has also added a provision to the bill to amend the state’s identity theft law by making it a felony for someone to use another person’s identity to find work.

C.J. Harte is a Correspondent for the Daily News. He can be reached via e-mail at charte@middlesborodailynews.com.