Regardless of your position on the struggle over illegal immigration in
One of the highest credibility hurdles the business community has had to clear throughout the debate over state-level employer sanctions laws is the alleged danger of trapping "legal" employers when enforcing new laws on "illegal" employers. Much of this hinges on the definition of "knowing" under federal enforcement and how that translates to any state-level enforcement scheme. Does the "knowing" standard inevitably lead to a "constructive knowledge" standard in prosecutions, thereby inflicting tough sanctions including permanent loss of all licenses for the entire company over the misdeeds of a lower-level supervisor?
"Prove it," say the proponents of state-level sanctions laws. Fair enough.
Below is the first detailed legal analysis of this question that I have seen. Also, if you haven’t had a chance to read the text of the newly filed employer sanctions initiative, there’s a link to it too.
- The Meaning of “Knowing” in “Knowingly Employ an Unauthorized Alien” and Other Relevant Definitions
by Julie A. Pace, and Heidi Nunn-Gilman of Ballard Spahr Andrews & Ingersoll, LLP David A. Selden
- “Stop Illegal Hiring Initiative” filed on
. Chairman: Andrew Pacheco October 16, 2007