Mississippi: Work is now a felony for the undocumented

On March 17, Mississippi Governor Hayley Barbour signed into law the farthest-reaching employer sanctions law of any on the books in the U.S. Employer sanctions is a shorthand name for laws that prohibit employers from hiring immigrants who don't have legal immigration status in the U.S. That provision was part of the Immigration Reform and Control Act, passed by Congress in 1986, which for the first time in U.S. history required employers to verify the immigration status of employees.

The Mississippi bill, SB 2988, requires employers to use an electronic system to verify immigration status, called E-Verify. That system has only recently been developed by the Department of Homeland Security, and by the department's own admission, is not a complete record. Its accuracy is unknown, but by comparison, the Social Security database of U.S. workers, compiled since the 1930s, contains millions of errors.

The Mississippi bill goes much further, however. Employers are absolved from any liability for hiring undocumented workers so long as they use the E-Verify system. But it will become a felony for an undocumented worker to hold a job. Anyone caught "shall be subject to imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, a fine of not less than one thousand dollars ($1000) nor more than ten thousand dollars ($10,000) or both." Anyone charged with the crime of working without papers will not be eligible for bail. The law is set to become effective for large employers on July 1.

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