By Bryan Corbin, Evansville Courier & Press
INDIANAPOLIS - State senators late Tuesday night passed a bill that would sharply crack down on businesses that employ illegal aliens.
The bill was approved by a vote of 37-11 in the Republican-controlled state Senate and now moves to the Democratic-controlled Indiana House.
Among other things, Senate Bill 335 would authorize Hoosiers to file complaints about businesses that employ illegal aliens. The state attorney general and local prosecutors would investigate the complaints. Businesses who knowingly employed illegal aliens would face a warning for a first offense. On the second offense, an employer's business license would be suspended for 10 days. For a third offense in 10 years, the business could lose its license to operate in Indiana.
"That's what this is, three strikes and you're out - the business death penalty," state Sen. Jim Merritt, R-Indianapolis, said.
Under the bill, business would have to verify the eligibility status of their new-hire employees using a federal pilot program for online employment-eligibility verification, called E-Verify.
The proposal also directs the superintendent of the Indiana State Police to sign a memorandum of understanding with the U.S. Department of Homeland Security that would allow Indiana police officers to be trained and certified in enforcing federal immigration laws.
State Sen. Mike Delph, R-Carmel, authored illegal-immigration crackdown proposal. While it makes it a misdemeanor to transport, conceal or harbor illegal aliens for fianncial gain, Delph said, the bill makes exceptions for medical services and religious organizations. "If you take an illegal alien to church, you're not covered under this bill," Delph told senators during debate on Senate Bill 335.
Delph circulated a letter he received Tuesday from the assistant secretary of the U.S. Department of Homeland Security, Stewart Baker, who reported that the federal E-Verify eligibility system can handle the additional usage if Indiana changes its law.
Opponents expressed concern that the legislation would harm Indiana's economy, particularly in the agricultural sector that relies heavily upon immigrant labor.
Wording in the bill says it would be enforced without regard to race or national heritage, but some lawmakers said they had their doubts.
"There's something about this bill that just makes me uncomfortable," state Sen. Tim Lanane, D-Anderson, said.
"This bill is not about racism and this bill is not about discrimination," countered state Sen. Jim Arnold, D-Michigan City. He said federal officials, by not enforcing federal immigration laws, were forcing state government to act.
Senators debated the bill until nearly 10 p.m. Tuesday before voting 37-11 to pass it.
Among local senators, Republicans Vaneta Becker and John Waterman and Democrats Bob Deig, Lindel Hume and Richard Young all voted for Senate Bill 335.