Pair of bills in Indiana statehouse aim at illegal workers

As in years past, State Sen. Mike Delph, R-Carmel, has proposed a bill that would impose new penalties on companies that knowingly hire undocumented workers. The version he submitted this year, though, goes further.

According to the recently released text of Senate Bill 590, the measure would also:

* Crack down on use of Spanish and other foreign languages in certain state government and public school communications. Only English could be used, with certain exceptions.

* Require law enforcement officials to check the immigration status of detained or arrested suspects they believe to be undocumented. That hearkens to a controversial new law in Arizona also meant to crack down on illegal immigrants.

* Seemingly make it a misdemeanor for landlords to knowingly rent property to undocumented immigrants under a new harboring law.

Meanwhile, a lawmaker in the Indiana House of Representatives has a proposal of his own meant to address the immigration issue.

House Bill 1413, authored by State Rep. Eric Koch, R-Bedford, would exclude those born in the United States of illegal immigrant parents from automatically claiming U.S. citizenship. Accordingly, birth certificates in Indiana would be changed to reflect the bearer's status here, as inferred from the immigration status of a holder's parents.

Those with at least one parent who's a U.S. citizen or legal U.S. resident would be deemed "natural-born United States Citizens," according to the measure's text.

More on Delph's plan

Delph unveiled his proposal earlier this month, but the full text didn't appear on the legislative website until late last week, after it was assigned formally to a committee. State Sen. Carlin Yoder, R-Middlebury, is a co-author of the proposal, among many others.

English only: As per the language provision, state agencies, school districts and library systems, among other entities, would be required to issue official documents and communications only in English. State, school district and library employees would also be required to provide information only in English while telephone voice systems, e-mails and website information would also have to be just in English.

No more pressing two for Spanish while listening to telephone recordings.

There would be exceptions. Foreign languages could be used when required by the feds or the Indiana Constitution, in court proceedings, in foreign language classes and in English-as-a-second-language classes. Likewise, foreign languages could be used by relevant state, school and other impacted offices to address law enforcement and public health issues.

Immigration checks: Law enforcement officials checking on the immigration status of suspect detainees would process inquiries through federal immigration authorities. If checks find a suspect to be undocumented, the proposal requires law enforcement officials to seek a "detainer" from the U.S. Department of Homeland Security authorizing transfer of the individual to federal custody.

The provision requiring immigration status checks "shall be enforced without regard to race, religion, gender, ethnicity or national origin," it states, a nod to critics who say such laws lead to police profiling.

Prosecuting landlords: The provision apparently related to landlords is a bit more sketchy.

Mimicking federal law, Delph's proposal makes it a Class A misdemeanor under state law to conceal, harbor or shield an illegal immigrant from detection. It suggests in a roundabout way that landlords who knowingly rent to undocumented immigrants would be susceptible to the provision. Landlords who secure a copy of valid U.S. identification from a renter ahead of time, the proposal states, would be able to use that as a defense from prosecution under the harboring provision.

Here are a few other details:

* A "civil action" could be brought against employers that knowingly hire undocumented immigrants. If the charge sticks, the employer could be placed on probation for three years, requiring periodic updates to the Indiana Attorney General's Office on new hires. A second violation could result in probation of up to 10 years while a third offense could result in the revocation of a business' operating licenses.

* State government entities, school districts and libraries would have to use the federal E-Verify program to verify the work eligibility status of all employees. Contractors hired by the state, school districts and libraries would also be required to use E-Verify.

* Undocumented immigrants would not be eligible for financial aid and other "higher education" awards for college, except as otherwise provided under federal law.

Challenging the 14th

Koch's proposal is part of a national campaign by a group called State Legislators For Legal Immigration to get similar legislation enacted in state legislatures all across the country. Indiana would be part of a compact with other states that pass parallel legislation, though the terms wouldn't take effect until granted consent from the U.S. Congress, according to Koch's text.

One of the underlying hopes is to spur a formal challenge to the notion that the 14th Amendment of the U.S. Constitution provides for U.S. citizenship to anyone born on U.S. soil, according to Daryl Metcalfe. He's the Republican state lawmaker from Pennsylvania spearheading the effort.

Koch wasn't available for comment on his proposal as of Friday.