Dear Friends & Fellow Lovers of Liberty,
A friend recently forwarded an email to me which solicited support for Initiative 1043, dealing with illegal immigration. I don't want to sound like I am in any way opposing the intent of I-1043 and it's attempt to stem the tide of illegal immigration, but I would like to share some concerns that were brought to my attention by one of my fellow Constitution Party leaders.
At first I was quite in favor of the initiative from the stand point that I am in favor of pretty much anything that will protect us from the adverse effects of the illegal immigration invasion. Earlier this year I even suggested to the Constitution Party's state leadership the possibility of endorsing the initiative at an upcoming state committee meeting. However, Sandra Hodges, chairman of our party's Grant County affiliate, astutely pointed out some things that changed my mind.
Sandra pointed out that the initiative "passes the burden of securing the border to the employer" by requiring them to participate in E-Verify which is "the first step in implementing a national ID." She further asked "Will every American need to be E-Verified? Does this equal security, or just a license to work?"
Following is my summary analysis of I-1043 highlighting what I believe to be points of concern for liberty minded Constitutionalists. I have also included below, the full text of I-1043 with pertinent portions highlighted in red.
SUMMARY ANALYSIS OF I-1043
Items of particular concern
With regard to employers checking the immigration status of employees, I believe the key issue is the difference between voluntary and mandatory participation. The U.S. Citizenship and Immigration Service web site refers to E-Verify as a voluntary program whereby employers can verify the employment eligibility of their employees against Social Security Administration records. While I might support "letting" employers access those records to possibly trip up and catch illegal aliens, the problem comes in making it mandatory. This makes it "mandatory" that a person have a social security number in order to be employed - and thus to eat. I realize that for all practical purposes this is already the case, but the idea of making a federally issued ID number a requirement for employment in our state, flies in the face of the concept of state sovereignty and of fundamental principles of individual liberty.
By the way, E-Verify has begun to include biometric data as well, thus creating a federal database that now contains a person's name, SSI number and personal biometric information (see wikipedia article on E-Verify, section on "Operations," second sentence).
I believe the biggest concern is that this initiative appears to take us down the path toward a national ID system wherein the Department of Homeland Security gets to decide who works and who doesn't, or in other words, who eats and who doesn't (see full text of initiative below, Section 7, item 1 and Section 4, items 1, 2, and 4, a). Remember, it was the Department of Homeland Security that recently issued a report warning law enforcement agencies to be on guard against potential "rightwing extremists," including anyone who:
"opposes illegal immigration, same-sex marriage, "free trade agreements," gun control, the "New World Order," "One World Government," the outsourcing of American jobs, the "perceived" threat to U.S. sovereignty by foreign powers, abortion, "declarations of martial law," "the creation of citizen detention camps," "suspension of the U.S. Constitution," or the abridgement of State authority. Also branded are people who believe in "end times" prophecies, and who "stockpile" food, ammunition, or firearms." (click here for source article for the above text, also see World Net Daily article on this subject)
DHS Secretary, Janet Napolitano, who presided over the issuing of that report is also "a big supporter of E-Verify" according to an article at fcw.com. This alone should be cause for concern.
Do we really trust a government agency to wield the power to decide who can work and who can't? Are we putting into the hands of government, power that in the future can be used to withhold employment from people with the wrong political views, or the wrong religious affiliation? This is the kind of power that is dreamed of and sought after by totalitarian regimes.
I expect that additional issues regarding this proposed initiative could be brought up and addressed, but my point is not to pick apart every detail in an endeavor to find fault. My purpose is to point out a cornerstone of the initiative which I believe Constitutionally minded folks will argue (and I believe rightly so) is a departure from Constitutional principles of limited government, state sovereignty, individual rights and the right to privacy.
I am concerned that it could be well argued, that in supporting this initiative, well meaning conservatives are disregarding Benjamin Franklin's counsel that:
Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
Though conservatives have rightly fought the implementation of a national ID system, it appears we are in danger of implementing many elements of the same system in order to protect ourselves from the illegal immigration invasion. (for more thoughts and information on the concept of a national ID card, including E-Verify, see the John Birch Society article titled National ID Card Schemes - A Quick Recap.)
I will state again that I by no means oppose the intent of I-1043, but rather applaud it. We need to remove the incentive for illegal aliens to come to our state and country. Nevertheless, I am concerned that in our rush to oppose illegal immigration, good Christians, conservatives and Constitutionalists may find ourselves inadvertently implementing by our own hand, policies which under any other circumstance we would vehemently oppose.
Robert W. Peck
Chairman - Constitution Party of Spokane County
Vice Chairman - Constitution Party of Washington
(509) 928-6910
rwpeck@dialup4less.com
I-1043 Ballot Title and Complete Text
Ballot Title
Statement of the Subject: Initiative Measure No. 1043 concerns enforcement of immigration
laws.
Concise Description: This measure would require state and local agencies to cooperate
in enforcing federal immigration laws and would require verifying immigration status of
persons seeking employment, receiving driver's licenses, and receiving specified public
benefits.
Should this measure be enacted into law? Yes [] No []
Ballot Measure Summary
This measure would require state and local government agencies to cooperate with the federal
government in enforcing immigration laws. Employers would be required to verify immigration status of employees, subject to penalty. It would require verification
of immigration status of applicants for specified state, local and federal public benefits.
Nonprofit organizations would be prohibited from offering employment services without proof
of immigration status. Issuance of driver's licenses would be prohibited without proof of
immigration status.
Initiative Petition for submission to the People
To the Honorable Sam Reed,
Secretary of State of the State of Washington
We, the undersigned citizens and legal voters of the State of Washington, respectfully direct
that the proposed measure known as Initiative Measure 1043, and entitled, "Statement of the
Subject: Initiative Measure No. 1043 concerns enforcement of immigration laws. Concise
Description: This measure would require state and local agencies to cooperate in enforcing
federal immigration laws and would require verifying immigration status of persons seeking
employment, receiving driver's licenses, and receiving specified public benefits. Should this
measure be enacted into law? Yes [] No []" a full, true and correct copy of which is printed
on the reverse side of this petition, be submitted to the legal voters of the State of
Washington for their approval or rejection at the general election to be held on the 3rd day
of November, 2009; and each of us for himself or herself: I have personally signed this
petition; I am a legal voter of the State of Washington, in the city (or town) and county
written after my name, my residence address is correctly stated, and I have knowingly signed
this petition only once.
AN ACT Relating to immigration law enforcement; amending RCW 46.20.035; adding a new
section to chapter 10.40 RCW; adding a new section to chapter 43.10 RCW; adding a new section
to chapter 74.04 RCW; adding a new chapter to Title 43 RCW; creating a new section; and
prescribing penalties.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) No local government in this state, whether
acting through its governing body or by an initiative, referendum, or any other process,
shall enact any ordinance or policy that limits or prohibits a law enforcement officer,
official, or employee of an agency of a local government or political subdivision in this
state from communicating or cooperating with federal officials with regard to the immigration
status of any person within this state.
(2) No government entity or official within the State of Washington may prohibit, or
in any way restrict, any government entity or official from sending to, or
receiving from the United States Department of Homeland
Security, information regarding the citizenship or immigration
status, lawful or unlawful, of any individual.
(3) No person or agency may prohibit, or in any way restrict, a public employee
from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
(a) Sending such information to, or requesting or receiving such information from,
the United States Department of Homeland Security or the United States Department of
Justice;
(b) Maintaining such information; or
(c) Exchanging such information with any other federal, state, or local government
entity.
NOTE by Robert Peck: I believe the concern that liberty minded individuals will voice regarding this section, is that it sets the precedent for sharing information regarding Washington State residents with federal agencies without regard for whether those individual's immigration status is "lawful or unlawful." In other words, this allows for the sharing of immigration status information of legitimate citizens with federal agencies, not just the information of those found to be illegal aliens. It also provides for the "maintaining of such information." I expect that those concerned with 4th Amendment privacy rights and those who oppose the establishing of government databases that track information about legal citizens, would voice considerable concern with regard to the provisions of this section.
NEW SECTION. Sec. 2. A new section is added to chapter 10.40 RCW to
read as follows:
(1) When a person has been charged with a felony, or for driving under the influence
under RCW 46.61.502, and is confined for any period in a jail or other detention center or
facility, a reasonable effort shall be made to determine the citizenship status of that
person.
(2) If the prisoner is a foreign national, the entity confining the person shall
make a reasonable effort to verify that the prisoner is lawfully present in the United States
under federal immigration law and, if lawfully admitted, that lawful status has not expired.
If a determination of citizenship cannot be made from documents in the possession of the
prisoner, verification of immigration status shall be requested no later than forty-eight
hours after the beginning of the confinement in subsection (1) of this section through a
query to the United States Department of Homeland Security. Upon verification that the
person is not lawfully present in the United States, the entity shall notify the United
States Department of Homeland Security of the detention status of the prisoner, and confirm
whether or not a federal immigration detainer has been requested for the alien. Such
notification shall be public record.
(3) For the purposes of determining the conditions for issuance of bond, it shall be
a rebuttable presumption that a prisoner whose immigration status has been verified under
subsection (2) of this section to be a foreign national who is not lawfully present in the
United States is at risk of flight.
(4) The Washington State Attorney General shall have the authority to adopt rules
pursuant to the Administrative Procedure Act, chapter 34.05 RCW, to implement the provisions
of this section.
NEW SECTION. Sec. 3. A new section is added to chapter 43.10 RCW to
read as follows:
(1) The Washington State Attorney General is authorized and directed to negotiate the terms
of a memorandum of understanding between this state and the United States Department of
Homeland Security providing for the designation of appropriate officers or employees of the
state or a political subdivision, to include appropriate employees of the Washington State
Patrol, as qualified to perform the function of an immigration officer in relation to the
investigation, apprehension, or detention of aliens in the United States, including the
transportation of aliens across state lines for transfer into federal custody.
(2) The agreement under this section shall provide that officers or employees
designated as qualified to perform the functions of an immigration officer shall have the
knowledge and training to adhere to federal law relating to the function.
(3) The terms of the memorandum of understanding to be negotiated shall be in accord
with the provisions of 8 U.S.C. Sec. 1357, regulating the content and operation of such
agreements.
(4) The memorandum of understanding to be negotiated under subsection (1) of this
section shall be signed on behalf of this state by the attorney general and the
governor.
(5) Nothing in this section shall be construed to require the existence of an
agreement under this section in order for any officer or employee of this state or a
political subdivision therein to communicate with the federal government regarding the
immigration status of any individual, or otherwise to cooperate among such government
entities or with the federal government, in the identification, apprehension, detention, or
removal of aliens not lawfully present in the United States, to the full extent permitted by
law.
NEW SECTION. Sec. 4. (1) Every public employer shall register and
participate in the E-verify program to verify the work authorization status
of all new employees.
(2) No public employer shall enter into a contract for the physical or personal
performance of services within this state unless the contractor has registered and
participates in the E-verify program to verify the work authorization
status of all new workers employed by the contractor within this state.
(3) The Department of Labor and Industries shall adopt rules pursuant to the
Administrative Procedure Act, chapter 34.05 RCW, to implement the provisions of this
section.
(4) For the purposes of this section:
(a) "E-verify" means the electronic verification of
work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of
1996, P.L. 104-208, Division C, Sec. 403(a); 8 U.S.C. Sec. 1324a; and operated by
the United States Department of Homeland Security or any equivalent federal work
authorization program operated by the United States Department of Homeland Security or any
other designated federal agency authorized to verify the work
authorization status of newly hired employees, pursuant to the immigration
reform and control act of 1986, P.L. 99- 603.
NOTE by Robert Peck: As the following two items point out, this section
applies to government agencies ("public employer") and contractors hired by government agencies.
However, Section 7 (1) and 7 (14) (e) make clear that the provisions of this section are to
apply to all employers. E-Verify becomes mandatory for all employers in the state of
Washington and verification of "work authorization status" by Department of Homeland Security
or its subsidiaries, becomes mandatory for employment in the state of Washington.
As stated in my summary above, it may indeed be desirable to "allow" an employer to check
out a prospective employee in an attempt to catch illegal aliens. However, the question is
whether we as a sovereign state want to set the precedent of subjecting every prospective
employee in our state (that's every working citizen) to the scrutiny of a federal agency that
determines who is authorized to be employed? I realize that some will make the case that it
is for a good cause and is restricted to only verifying immigration status, but others will
make the case that most every oppressive, restrictive and overreaching action of government
today began as something that was "for a good cause." The issue is to consider what power we
are giving to government, what government officials might do with that power in the future
and whether we trust them with that power. Remember the proverb about letting the camel's
nose into the tent.
(b) "Public employer" means every department, agency, or instrumentality of the
state or a political subdivision of the state.
(c) "Contractor" includes a subcontractor, contract employee, staffing agency, or any
contractor providing contracted services subject to the requirements of this section within
the state, regardless of its tier.
NEW SECTION. Sec. 5. A new section is added to chapter 74.04
RCW to read as follows:
(1) Except as provided in subsection (3) of this section or where exempted by federal
law, each agency and political subdivision of this state shall verify the lawful presence in
the United States of any person fourteen years of age or older who has applied for state,
local, or federal public benefits that are administered by an agency or a political
subdivision of this state.
(2) The provisions of this section shall be enforced without regard to race,
religion, gender, ethnicity, or national origin.
(3) Verification of lawful presence in the United States under the provisions of this section
shall not be required:
(a) For any purpose for which lawful presence in the United States is not restricted
by law, ordinance, or rule for the purposes of obtaining federal, state, or local public
benefits;
(b) For assistance for health care items and services that are necessary for the
treatment of an emergency medical condition, as defined in 42 U.S.C. Sec. 1396b(v)(3), of the
alien involved and are not related to an organ transplant procedure;
(c) For short-term, noncash, in-kind emergency disaster relief;
(d) For public health assistance for immunizations with respect to diseases and for
testing and treatment of symptoms of communicable diseases;
(e) For programs, services, or assistance such as soup kitchens, crisis counseling and
intervention, and short-term shelter specified by the United States Attorney General, in the
sole and unreviewable discretion of the United States Attorney General after consultation
with appropriate federal agencies and departments, which:
(i) Deliver in-kind services at the community level, including through public or
private nonprofit agencies;
(ii) Do not condition the provision of assistance, the amount of assistance
provided, or the cost of assistance provided on the income or resources of the individual
recipient; and
(iii) Are necessary for the protection of life or safety.
(4) Verification of lawful presence in the United States by the agency or political
subdivision required to make such verification shall require that the applicant execute an
affidavit under penalty of perjury that:
(a) He or she is a United States citizen; or
(b) He or she is a qualified alien as defined under 8 U.S.C. Sec. 1641(b), has fully
disclosed to the agency administering the benefits for which application has been made the
existence of income and resources of a sponsor attributable to the alien under 8 U.S.C. Sec.
1631, and is lawfully present in the United States.
(5) For any applicant who has executed the affidavit described in subsection (4)(b) of this
section, eligibility for benefits shall be made through the Systematic Alien Verification for
Entitlements program. Until the eligibility verification is made, the affidavit may be
presumed to be proof of lawful presence for the purposes of this section. No state official
shall attempt to independently determine that an alien is unlawfully present in the United
States, without utilizing the Systematic Alien Verification for Entitlements program or
otherwise obtaining a federal verification of the alien's immigration status, under U.S.C. 8
Sec. 1373(c).
(6) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement
or representation in an affidavit executed pursuant to subsection (4) of this section shall
be subject to criminal penalties applicable in this state for fraudulently obtaining public
assistance program benefits. If the affidavit constitutes a false claim of United States
citizenship under 18 U.S.C. Sec. 911, a complaint shall be filed by the agency requiring the
affidavit with the appropriate United States Attorney General's office.
(7) Any agency or political subdivision of this state may adopt rules providing for
variations to the requirements of this section that demonstrably improve the efficiency or
reduce delay in the verification process, or to provide for adjudication of unique individual
circumstances where the verification procedures in this section would impose unusual hardship
on a legal resident of this state.
(8) No agency or political subdivision of this state shall provide any state, local, or
federal public benefit in violation of this section.
(9) Each state agency or department that administers any program of state or local public
benefits shall provide an annual report to the Washington State Auditor with respect to its
compliance with the provisions of this section. The state auditor shall monitor the
eligibility verification program used under subsection (4) of this section and any
verification application errors and significant delays of the program. By October 1st of each
year, the state auditor shall provide a report to the governor on the errors and significant
delays, and make recommendations to ensure that the application of the program is not
erroneously denying benefits to legal residents of this state. The state auditor shall report
errors in the operation of the eligibility verification program to the United States
Department of Homeland Security.
(10) For the purposes of this section
(a) "Federal public benefits" has the same meaning as defined in 8 U.S.C. Sec. 1611(c).
(b)
(i) "State and local public benefits" has the same meaning as defined in 8 U.S.C. Sec.
1621(c).
(ii) Any Washington State Lottery winnings, any sales and use tax exemption in the form of a
remittance, and any other tax credit or rebate program provided by any Washington State or
local government entity is a state or local public benefit under 8 U.S.C. Sec.
1621(c).
NEW SECTION. Sec. 6 (1) It shall be an unlawful discriminatory practice for an employer to
discharge or terminate any United States citizen employee in this state, or any legal
permanent resident alien employee in this state who has applied for naturalization, where, on
the date of such discharge, an unauthorized alien worker was employed by the employer at the
same job site, or in an equivalent job classification elsewhere in the state, in reckless
disregard for the fact that such alien worker lacked federal employment authorization.
(2) It shall be an unlawful discriminatory practice for a labor organization to refer
for employment an individual whose unauthorized employment status would cause an employer to
violate this section.
(3) Subsections (1) and (2) of this section shall not apply to an employer or a labor
organization who, as of the date of discharge, had enrolled in the E-verify program and
maintained a standard employment practice of verifying the work authorization of newly hired
employees in this state or, in the case of a labor organization, individuals referred for
employment to the employer, using the E-verify program.
NEW SECTION. Sec. 7 (1) Beginning three months after the effective date of this act, every employer shall, after making an offer of employment which has
been accepted by an employee, verify the employment eligibility of each employee
using the Employment Authorization Program. The verification shall occur within
the time period stipulated by federal law or rules, after the hiring of the employee. A
continuing employee hired prior to the date of the employer's registration with the program
is exempt from the requirements of this subsection.
NOTE by Robert Peck: The "Employment Authorization Program" spoken of in the above section, is "E-Verify" as administered by the Department of Homeland Security. Section 7 (14) (e), states that "'Employment authorization program' has the same meaning as defined in section 4(4)a of this act." That section prescribes the E-Verify system as administered by the Department of Homeland Security or its subsidiaries.
(2) An employer shall not knowingly employ an unauthorized alien.
(3) Any person with actual or constructive knowledge that (a) an employer employs, or
has within ninety days employed, an unauthorized alien, or (b) an unauthorized alien is
employed by an employer, may file a complaint with the department.
(4) A person who knowingly files a false and frivolous complaint under this
subsection is guilty of a misdemeanor punishable under chapter 9A.20 RCW.
(5) Upon the receipt of a valid complaint of a violation of subsection (2) of this
section, the department shall notify the employer and shall direct the employer to notify any
employees referred to in the complaint. The department shall investigate whether a violation
has occurred and shall hold an administrative hearing at which the employer may present any
information he or she desires and at which the employer shall enjoy the right to counsel. The
department shall also request the federal government to verify, pursuant to U.S.C. 8, Sec.
1373(c), the employment authorization of any employee referred to in the complaint. The
department shall not attempt to independently make a final determination of whether an alien
is authorized to be employed in the United States. The department shall rely upon
verification of employment authorization provided by the federal government, pursuant to
U.S.C. 8, Sec. 1373(c).
(6) If, after confirmation that the employer has employed an unauthorized alien, the
department determines that the complaint is not frivolous, the department shall:
(a) Notify the United States Immigration and Customs Enforcement agency of the
identity of the unauthorized alien and, if known, the alien's address or location in the
state; and
(b) Notify the local law enforcement agency of the presence of the unauthorized alien
in the jurisdiction.
(7) The department shall not act upon a complaint against any employer for any violation that
occurs within three months of the effective date of this act.
(8)(a) For a first violation of subsection (2) of this section during a two-year period, the
department:
(i) Shall order the employer to terminate the employment of all unauthorized aliens;
and
(ii) Shall order the employer to file a signed sworn affidavit with the department
within ten business days after the order is issued.
(b) The affidavit shall state that the employer has corrected the violation by taking any of
the following actions:
(i) Terminated the unauthorized alien's employment; or
(ii) After consultation with the employee, requested a secondary or additional verification
of employment authorization using the employment authorization program; or
(iii) Attempted to terminate the unauthorized alien's employment, and such termination has
been challenged in a court of competent jurisdiction.
(c) If the employer fails to file the affidavit as prescribed in this subsection, the
department shall order the appropriate agencies to suspend all licenses subject to this
subsection that are held by the employer. All licenses that are suspended under this
subsection shall remain suspended until the prescribed affidavit has been filed with the
department. Upon filing the affidavit, the suspended licenses shall be deemed to have been
reinstated for the purposes of this subsection. During the pendency of an action affirmed
under (b)(ii) or (iii) of this subsection, the ten-day period shall be tolled. The ten-day
period shall also be tolled during any contest period in which the federal government may
allow an alien to challenge the federal government's determination of his or her immigration
status or employment authorization.
(d) Licenses that are subject to suspension under this subsection are all licenses that are
held by the employer and that are necessary to operate the employer's business at the
employer's business location where the unauthorized alien performed work. If a license is not
necessary to operate the employer's business at the specific location where the unauthorized
alien performed work, but a license is necessary to operate the employer's business in
general, the licenses that are subject to suspension under this subsection include all
licenses that are held by the employer at the employer's primary place of business.
(9) For a second violation of subsection (2) of this section during the two-year
period:
(a) The department shall order the appropriate agencies to suspend, for at least
thirty days, all licenses that are held by the employer and that are necessary to operate the
employer's business at the employer's business location where the unauthorized alien
performed work.
(b) If a license is not necessary to operate the employer's business at the specific
location where the unauthorized alien performed work, but a license is necessary to operate
the employer's business in general, the department shall order the appropriate agencies to
suspend all licenses that are held by the employer at the employer's primary place of
business. On receipt of the order and notwithstanding any other law, the appropriate agencies
shall immediately suspend such licenses for at least thirty days.
(10) The department shall maintain a public database containing copies of all orders issued
pursuant to this section, available on the department's web site.
(11) In cases where the department determines that an agency or employer has failed
to comply with such order under this section, the department may apply to the superior court
having jurisdiction over the agency or employer for a judicial order, directing the agency or
employer to comply with the department's order.
(12) For the purposes of this section, an employer who has used the employment
authorization program in compliance with subsection (1) of this section has a rebuttable
presumption that the employer did not knowingly employ an unauthorized alien in violation of
subsection (2) of this section.
(13) At any time after a complaint is received, an employer subject to a complaint under this
section, or any employee of such employer who is alleged to be an unauthorized alien, may
challenge and seek to enjoin the enforcement of this section with respect to such entity or
individual before a superior court of competent jurisdiction.
(14) For the purposes of this section:
(a) "Agency" means any agency, department, board, or commission of this state or a
county, city, or town that issues a license for purposes of operating a business in this
state.
(b) "Department" means the department of labor and industries.
(c) "Employee" means any person who performs employment services within the state of
Washington for an employer pursuant to an employment relationship between the employee and
employer.
(d) "Employer" means any individual or type of organization that transacts business
in this state, and that holds or has applied for a license issued by an agency in this state,
and that employs individuals who perform employment services in this state. "Employer" shall
not include an entity that hires an independent contractor to perform work or hires casual
domestic labor to perform work.
(e) "Employment authorization program" has the same meaning as defined
in section 4(4)a of this act.
(f) "Knowingly employ an unauthorized alien" has the meaning as defined in U.S.C. 8,
Sec. 1324a. This term shall be interpreted consistently with such section, and any federal
rules applicable thereto.
(g) "License":
(i) Means any agency license, permit, certificate, approval, registration, charter, or
similar form of authorization that is required by law and that is issued by any agency for
the purposes of operating a business in this state.
(ii) Includes:
(A) Articles of incorporation under Titles 23, 23B, and 24 RCW;
(B) A certificate of partnership, a partnership registration, or articles of organization
under Title 25 RCW;
(C) A grant of authority;
(D) A transaction privilege fee
(iii) The Department of Licensing shall, no later than three months after the effective date
of this act, issue rules providing a procedure for an agency to exempt certain licenses
issued by such agency that have been determined, with the concurrence of the department, to
be unrelated to operating a business in this state.
(h) "Unauthorized alien" means an alien who is not authorized under federal law to be
employed in the United States, as described in U.S.C. 8, Sec. 1324a(h)(3).
NEW SECTION. Sec. 8 (1) An employer, against whom two or more claims for compensation are
filed within a twelve-month period by employees who are subsequently determined to be
unauthorized alien workers, shall be deemed to be an uninsured employer, for each date on
which such employees performed four or more hours of work.
(2) An employer shall be exempt from classification as an uninsured employer under
subsection (1) of this section if the employer had verified the employment authorization of
the workers who had filed the claims for compensation through the employment authorization
program.
(3) An employee who is an unauthorized alien worker, who is awarded compensation
pursuant to the compensation provisions of Title 51 RCW, shall not receive payment for the
compensation until the insurer liable for payment of compensation to the employee has
received and retained an official copy of an affidavit, personally executed by the employee
before a United States consular representative in the foreign state of which the employee is
a citizen or national, or in another foreign state to which the employee has voluntarily
departed or been removed, confirming that the employee has established his or her identity to
the satisfaction of the consular representative, and that the employee has identified to the
consular representative a bank or financial institution account in that country into which
such compensation shall be paid by electronic funds transfer or other means designated by
regulation. The funds may be withdrawn only in person by the employee or, in the case of
total disability or death, by a beneficiary.
NEW SECTION. Sec. 9 (1) It shall be unlawful for any nonprofit
corporation, unincorporated nonprofit association, or charitable organization registered with
the secretary of state to offer or provide employment services, including temporary contract
labor, day labor, employment counseling, recruitment, or referral to or from a prospective
employer, to persons other than protected individuals, as defined by U.S.C. 8, Sec.
1324b(a)(3).
(2) It shall not be unlawful for a corporation or other entity described in subsection (1) of
this section to offer or provide employment services to persons other than protected
individuals, provided:
(a) A fee of not less than ten dollars is charged to such person for employment services, to
include the cost of verification described in (b) of this subsection; and
(b) Verification of eligibility for employment is confirmed through the Systematic
Alien Verification for Entitlements program by the Department of Labor and Industries, to the
nonprofit corporation or association which has offered to provide employment services to such
person.
(3) A nonprofit corporation or association found to have failed to comply with the
verification requirements of this section for two or more persons within any twelve-month
period shall be prohibited from expending tax-exempt funds to provide employment services in
this state for twelve months.
Sec. 10 RCW 46.20.035 and 2008 c 267 s 8 are each amended to read as follows:
The department may not issue an identicard, or a Washington
State driver's license, or a commercial driver's license that is valid for
identification unless the applicant meets the identification requirements of subsection
(1), (2), or (3), and either (6) or (7) of this section.
(1) A driver's license or identicard applicant must provide the department with at least one
of the following pieces of valid identifying documentation that contains the signature and a
photograph of the applicant:
(a) A valid or recently expired driver's license or instruction permit that includes the
date of birth of the applicant;
(b) A Washington State identicard or an identification card issued by another state;
(c) An identification card issued by the United States, a state, or an agency of either the
United States or a state, of a kind commonly used to identify the members or employees of the
government agency;
(d) A military identification card;
(e) A United States passport; or
(f) An Immigration and Naturalization Service A United States Citizenship and
Immigration Services form.
(g) A tribal identification card issued by a federally recognized tribe located in
Washington or with a Washington affiliation if the department determines that the procedures
used in issuing the card are sufficient to prove a member is legally present in the United
States.
(2) An applicant who is a minor may establish identity by providing an affidavit of the
applicant's parent or guardian. The parent or guardian must accompany the minor and display
or provide:
(a) At least one piece of documentation in subsection (1) of this section establishing the
identity of the parent or guardian; and
(b) Additional documentation establishing the relationship between the parent or
guardian and the applicant.
(3) A person unable to provide identifying documentation as specified in subsection (1) or
(2) of this section may request that the department review other available documentation in
order to ascertain identity. The department may waive the requirement if it finds that other
documentation clearly establishes the identity of the applicant. Notwithstanding the
requirements in subsection (2) of this section, the department shall issue an identicard to
an applicant for whom it receives documentation pursuant to RCW 74.13.283.
(4) An identicard or a driver's license that includes a photograph that has been
renewed by mail or by electronic commerce is valid for identification purposes if the
applicant met the identification requirements of subsection (1), (2), or (3) and either
(6) or (7) of this section at the time of previous issuance.
(5) The form of an applicant's name, as established under this section, is the
person's name of record for the purposes of this chapter.
(6) If the applicant is unable to prove his or her identity under this section, the
department shall plainly label the license "not valid for identification purposes."The
department shall not issue an official state personal identification card, driver's license
or commercial driver's license to a person who is not a resident of this state. A person,
other than a citizen or national of the United States, or an alien lawfully admitted for
permanent residence, shall be deemed to be a nonresident for purposes of Title 46, unless and
until the Department of Licensing has verified that the person is lawfully present in the
United States, through the Systematic Alien Verification for Entitlements program.
(7) The department may issue, renew or replace a driver license, driver permit or
identification card for an applicant who has submitted a Social Security number only after
the department verifies the Social Security number with the United States Social Security
Administration. (a) This section does not apply if the department previously verified the
Social Security number as required by subsection (7) of this section and the person applying
for the driver license, driver permit or identification card is a citizen or permanent legal
resident of the United States.
(8) All driver's licenses and identicards provided for in chapter 46.20 shall be issued only
to United States Citizens, nationals and legal permanent resident aliens.
(9) The provisions of subsection (8) of this section shall not apply when an applicant
presents, in person, valid documentary evidence of:
(a) Admission to the United States in a valid, unexpired immigrant or nonimmigrant
visa status;
(b) A pending or approved application for asylum in the United States
(c) Admission into the United States in refugee status
(d) An approved application for temporary protected status in the United States
(e) Approved deferred action status; or
(f) A pending application for adjustment of status to legal permanent resident status or
conditional resident status.
(10) Upon approval, the applicant under subsection (9) may be issued a driver's license or
identicard. Such driver's license or identicard shall be valid only during the period of
time of the authorized stay of the applicant in the United States or, if there is no definite
end to the period of authorized stay, a period of one (1) year.
(11) Any driver's license or identicard issued pursuant to subsection (10) shall clearly
indicate that it is temporary and shall state the date of expiration.
(a) Such driver's license or identicard may be renewed only upon presentation of valid
documentary evidence that the status by which the applicant qualified has been extended by
the United States Citizenship and Immigration Services or other authorized agency of the
United States Department of Homeland Security.
NEW SECTION. Sec. 11 This act may be known and cited as the Washington Respect for Law Act.
NEW SECTION. Sec. 12 If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 13 Sections 1, 4, 6 through 9 of this act constitute a new chapter in Title 43 RCW.