Politico reported today that President Obama’s administration “initiated a new round of immigration investigations, targeting 1,000 companies across the country, with a focus on businesses critical to national security and other government functions.”
The article quotes Randy Johnson, a spokesman for the US Chamber of Commerce as saying:
We are concerned the audits are being based more on a fishing expedition than firm facts . . .Because these audits can cost millions of dollars in lost productivity and attorneys’ fees, the government should move carefully and only when based on solid foundation that there is in fact illegal behavior.
If Mr. Johnson is concerned about “lost productivity and attorney fees” from ICE making targeted raids, he will love what the Beason-Hammon Alabama Taxpayer and Citizen Protection Act aka the Alabama Immigration Bill allows.
Now in Alabama, it is not specially-trained immigration agents and targeted raids to worry about. The Alabama Immigration Bill opens the flood gates to, not only “fishing expeditions,” but suspicionless audits and spitefully initiated investigations by anyone and everyone: local politicos, ambitious district attorneys, aggrieved former employees and unscrupulous business competitors. The statutes includes these gems:
- Not so unreasonably, section 15(k) and (n) empowers each and every district attorney of this state and the Attorney General to bring a civil lawsuits in any court against businesses allegedly employing an “unauthorized aliens.”
- However, for companies which contract with any government agency (city or state) or “any other entity that receives any state monies,” grants or incentives, Section 9(i) authorizes, regardless of whether probable cause or reasonable suspicion exists, “the state authorities or law enforcement at any time” to audit, verify and ensure that the company has not employed an “unauthorized alien.” Presumably, because I contract with the Clay County Commission, any local law enforcement officer will be able to conduct an audit of my office and hiring practices. The Thyssenkrupps and the Hondas of the world with their million dollar “incentives” are now subject to suspicionless audits and searches at any time.
- Additionally, section 15(k)(1) empowers “any resident of this state [to] petition the Attorney General to bring an enforcement action against a specific business entity. . .” The Attorney General will be compelled by law to investigate the allegation and act upon that resident’s complaint within 60 days. Every resident of this state can initiate an investigation of any and every business in this state. So, for instance, every unscrupulous business owner can now initiate an AG investigation into their competitors affairs.
- And, the statute also creates a new cause of action, a new tort claim. Section 17 creates a cause of action for any person which does not get a job or losses a job if the company employed an illegal alien. Any person or aggrieved employee can now bring a lawsuit for discriminatory hiring practices if they didn’t get a job or lost a job if an illegal alien worked there.
- And finally, the Sections 5 and 6 empower any person in Alabama to sue public officials if they feel that public official is not fully prosecuting and complying with the rules of this statute with sufficient Pharisaical zeal and exactness.
Fishing Expeditions of our small businesses? Check
Suspicionless Audits of our large manufacturers? Check
Unreasonable searches of our premises? Check
Diverting investigatory units of law enforcement and the AG office away from ferreting out traditional crime? Check
Providing the big city, business and employment lawyers with continual work? Check.
The question is: how many millions of dollars in “lost productivity and attorney fees” will the Beason-Hammon Alabama Taxpayer and Citizen Protection Act cost Alabama companies and businesses?