Nixon proposes legislation to penalize businesses that hire illegal workers

JEFFERSON CITY, Mo. -- Democratic Attorney General Jay Nixon proposed Wednesday to penalize businesses that hire illegal workers and permanently shut down those that repeatedly do so.

The attorney general said he is seeking new powers that would allow him to ask a judge to impose an injunction barring a business that employs an illegal immigrant from operating for a certain period of time. For second-time offenders, Nixon wants to be able ask a court to permanently bar them from doing business in Missouri.

"It is the lure of a job that attracts undocumented workers to our state," Nixon said in a written statement. "Getting tough on the employers who use undocumented workers to gain an unfair advantage over their law-abiding competitors must be a top priority."

Illegal immigration has become a key issue in U.S. politics, and officials in various states have outlined their own proposals as Congress has failed to pass legislation.

It was unclear from Nixon's news release whether his proposed penalties would apply only to businesses that knowingly hire illegal workers, or to those who unwittingly do so as well.

Nixon spokesman Scott Holste said the wording remains to be worked out with legislators.

But "clearly, businesses that have taken appropriate and reasonable steps would not be the target of sanctions or action by the attorney general's office," Holste said.

Nixon said his proposal is modeled after an Arizona law set to take effect Jan. 1. Under that law, violators caught knowingly employing illegal immigrants can have their business licenses suspended for up to 10 days. A second offense can trigger permanent revocation.

The Arizona law also requires employers to use E-Verify, an immigration status database administered by the U.S. Department of Homeland Security. It gives them a partial legal shield if they do so and it later turns out that a worker who cleared the system wasn't actually a legal worker.

Holste said Nixon is not proposing a mandate for Missouri businesses to use E-Verify, though he didn't rule out that possibility.

The Arizona law is being challenged in court by business groups that argue employers would be unfairly burdened by the law's mandate to use the federal database. The business groups' lawsuit also contends the law unconstitutionally treads on the federal responsibility of immigration enforcement.

Nixon said his proposal also would include financial incentives for whistle blowers who provide information about illegal immigrants that later leads to sanctions against a business.

Blunt spokesman Rich Chrismer said in a written statement that Nixon was copying provisions from Arizona and that "Governor Blunt strongly supports those provisions and would like to enact them" as well. Although contained in the Arizona law, Blunt has not proposed to require all businesses to use E-Verify.

But Chrismer said Blunt would consider any proposal to strengthen employment verification.

"Attorney General Jay Nixon is clearly reacting to the tough directives and proposals that Governor Blunt has outlined," Chrismer said.

Earlier this week, Blunt proposed legislation requiring public employers such as cities and schools to use the E-verify system when hiring new workers. He also proposed to increase penalties on state contractors who employ illegal immigrants.

Last month, Blunt proposed legislation specifically prohibiting Missouri from issuing driver's licenses to people in the state illegally. The proposal would essentially put in law the state's existing safeguards intended to prevent illegal immigrants from getting driver's licenses.

In August, Blunt issued an executive order requiring state inspectors to randomly check the immigration status of employees for contractors getting state financial incentives. Contractors already must provide paperwork ensuring their workers are employed legally.

Blunt in August also ordered the Missouri State Highway Patrol to check the status of every person the agency incarcerates. Since then, the patrol has turned over 126 illegal immigrants to federal authorities, Blunt said.