Colorado’s new immigration legislation – the result of an election-year fever to stanch the flow of illegal immigrants – will apply some imaginitive pressure to solve an unimagineable problem. We were glad that state leaders could address the matter without being unduly punitive or disrespectful toward undocumented workers or their employers.
We found much to admire about the reforms that emerged from the legislature’s special session. Even so, it’s essential that implementation not inconvenience legal residents or Colorado businesses.
Leaders from both parties say Colorado now has the toughest laws of any state dealing with a problem that inevitably must be solved by Congress. We have to wonder, how does it help Colorado to be the toughest guy on the block? These new laws should be carried out with compassion and not a bull whip. It won’t be any honor for Colorado to crack down hardest on a population that has arrived here, as so many immigrants before, in search of work and a place to raise a family.
After a round of closed-door meetings Monday, majority Democrats, Gov. Bill Owens and a number of GOP lawmakers agreed on measures that will deny public benefits to illegal immigrants and punish employers who knowingly break the law. To be honest, we never understood why the governor called lawmakers into emergency session to deal with such a long festering issue that belongs properly to Congress. But we salute the legislature for taking its job seriously and for defeating proposals that would have hurt the many Colorado businesses that depend upon seasonal or temporary labor. We applaud Owens for showing both toughness and flexibility in achieving a bipartisan plan with sensible teeth.
As for the main legislation – we don’t argue with denying benefits to people who don’t qualify for them, but really, has anyone ever demonstrated that this has been an overriding problem for Colorado? Owens said it’s the growth trend “we’re trying to slow down.”
Thus, it makes perfect sense to ask the million or so residents who apply for such services as food stamps to prove their eligibility by showing proper identification.
We were impressed to see Coloradans find common ground on a highly charged issue that has brought Washington to an impasse. In the end, the governor was smart to abandon his goal of having lawmakers refer the restrictions to the ballot. “We simply didn’t have the votes to get the ballot measure passed,” Owens acknowledged Tuesday. The measure that did pass, he said, is in the best interests of Colorado, supported by what he called a strange coalition of people from prominent Democrats to Congressman Tom Tancredo and the conservative Federation for American Immigration Reform. Maryland and other states are interested in similar legislation, he said, and indeed we believe that before long Colorado’s legislation will be a mainstream approach to state reform.
One key to the session’s success was the legislature’s abandonment of a ridiculous proposal that would have forced employers to vouch for applicants’ eligibility documents, as if our business community was set up to validate such material. Business interests ranging from homebuilders to restaurants to the ski industry were rightly wary of any crackdown that would stress their ability to hire a seasonal workforce.
The main reform proposal is to take effect Aug. 1. Once the measure is enacted, people seeking public benefits would have to present specified identification and sign an affidavit when they apply or renew eligibility for Medicaid, food stamps and a whole host of government services. Knowingly making a false statement could result in a $5,000 fine and conviction could lead to jail and/or deportation.
The Democratic leadership – Senate President Joan Fitz-Gerald and House Speaker Andrew Romanoff – said lawmakers sought to craft legislation that would protect children and the health and safety of all those who live in Colorado while still being tough on lawbreakers. Despite an amendment waiving I.D. requirements for citizens who are homeless, elderly and infirm until March 1, 2007, advocates fear that vulnerable Americans without proper papers will be denied benefits.
While the two leaders insist that Democrats were not forced to pass tougher laws than warranted, Romanoff noted that “there was not a lot of joy” in passing laws that could cost people their jobs and force them to leave the country, taking with them their children who are legal citizens.
The bill restricting services is part of a broader package that cracks down on illegal hiring and asks voters to deny employers tax deductions if they fail to verify the eligibility of employees. Voters would have to approve the tax-punishment bill along with another referred measure that asks the state attorney general to sue the federal government to demand enforcement of immigration laws.
A decision by immigration adversaries Dick Lamm and Federico Peña to join forces proved to be especially constructive. The former governor led the citizen effort known as Defend Colorado that sought to limit services to illegal immigrants. Former Denver Mayor Peña headed the opposition group, Keep Colorado Safe. The legislation that emerged Monday night had both their support, along with that of such other strange bedfellows as Tancredo and U.S. Sen. Ken Salazar.
Five days is not much time to craft thoughtful legislation that will stand any test of time. Questions as to relevancy and enforceability are sure to be raised as lawyers and advocates start to examine the proposals in the light of day.
