Here’s a short true or false test.
Can you, under labor laws, be fined for hiring an undocumented worker?
The answer is yes.
Can you, under anti-discrimination laws, refuse to hire an undocumented worker?
The answer is no.
Keep those two questions and answers in mind while exploring the political theater this past week in Sacramento.
Much ado was made about Governor Gavin Newsom vetoing a bill that would have directed the state community college system, California State University system, and the University of California system to hire undocumented students for campus jobs.
Newsom said he was vetoing the bill despite there being 55,000 undocumented students in the three systems of higher education that are caught in the dire straits of not being able to get a work permit and needing to support themselves.
That’s because he said it would put state workers at risk should they hire someone who is undocumented as it is illegal under federal law.
When did federal law matter to Newsom when it came to immigration issues?
Newsom referred to the impetus behind the bill as a “novel legal theory” that should be tested in the courts first.
How is the bill anymore novel than directing state agents and allowing cities plus counties not to cooperate with federal immigration officials when seeking persons to deport?
Let’s add a little more fuel to the fire that was started by the California Legislature as well as the regulatory octopus better known as the state bureaucracy.
The UC system receives $12 billion in federal funding yearly for healthcare, student financial aid and research.
California supposedly has a fifth of all the undocumented students enrolled in higher education nationally.
The UC system indicated it would continue to support undocumented workers through other means.
A spokesman also indicated UC understands Newsom signing the bill could have put significant federal funding at risk.
The CSU system said they would continue to advocate for undocumented students.
The official CSU statement regarding the veto contains a line that Newsom and the legislature should heed.
It reads, the bill “shone a bright light on the inconsistencies of state and federal immigration policies and employment laws.”
That is the understatement of the century.
California is not going to bust you for hiring undocumented workers regardless of what state law may say, but the federal government will.
Depending upon whose estimates you use, between 40 to 60 percent of Californians farm workers are undocumented.
That translates into roughly 400,000 people doing the grunt work to make sure the rest of us have food.
Nationally, the estimate is 49 percent of all farm workers are undocumented.
There is a $365 federal fine per worker if a business or farm is caught with undocumented employees. It jumps to $1,600 for each subsequent offense employing the same undocumented person.
ICE does raid work sites, although thanks to California’s “novel theory” — to quote the governor — the lack of cooperation makes them rare occurrences in the Golden State.
This is not a position one way or another on ICE and workplace raids but it points out one of what can be correctly referred to as a long list of labor and immigration inconsistencies.
Arguably, the worst inconsistencies are organically grown in the wealth of regulatory agency silos.
They are given broad mandates and develop regulations independent of other regulatory silos.
Immigration is a prime example.
The rules are pretty clear even if you don’t agree with them.
But then there are two other regulatory silos — labor/workplace rules and discrimination/rights rules.
Labor and workplace rules almost always apply across the board regardless of citizenship or migration status.
Then the bureaucracy in charge of anti-discrimination laws adds another layer of laws.
It is why it is:
uillegal to be in this country without legal documentation per immigration laws.
uillegal to hire someone who doesn’t have proper IDs including Social Security cards or immigration documents if they are not citizens per labor laws.
uillegal to refuse to hire someone if they are undocumented per anti-discrimination laws.
There are no black and white rules that are consistent through the federal government let alone the 50 states when it comes to a holistic policy regarding immigrants, documented and otherwise.
It is more than a tad ingenuous for Newsom to veto the bill although he did do so for the right reason.
That’s because on other issues involving undocumented immigrants such as universal health care, he’s played fast and loose with “novel” theories.
Granted, signing the bill would have been akin to tossing red meat into the arena of the national blood sport called presidential campaign politics with Nov. 5 just weeks away.
Newsom could have still vetoed the bill by clearly stating he’d sign it if presented the opportunity again providing it is vetted by the courts.
He did essentially say that.
But if he’d been that clear it would have put his rationale under laser sharp scrutiny.
The courts aren’t meant as a sounding board for possible laws.
They judge them on constitutional and legal grounds if they are passed and signed into law and are then challenged.
The courts are not the legislative branch.
You could argue if Congress did its job and adopted clear and specific policies regarding immigration the stares wouldn’t have to get involved.
But it really isn’t that simple.
The states are undermining federal authority one law at a time because they don’t agree with the current law.
However, the largest wrench in enforcing whatever laws there are on the ground regarding immigration are those bureaucracies originating policies in their specific areas of responsibility under broad mandates bestowed by legislative bodies working in concert with the president or governors.
Newsom’s veto solved nothing.
Nor did the predictable ranting and raving from both sides of how ever his decision was perceived.
It’s too bad those squawking the most about the injustices of immigration regardless of what side they are on don’t understand superheated rhetoric and piecemeal solutions that carve out exceptions for the undocumented do nothing except making the mess even messier.
What is needed is all of the cards — pro and con — being placed on the table with Congress locked up until they can reach a compromise.
It likely won’t happen but it might force politicians to own up to the fact immigration issues are the responsibility of Congress and that the dysfunction over the issue is rooted deep in that legislative body’s inability to get its act together for 30 plus years, regarding of who is in the White House.