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Old 02-15-2008, 09:58 AM
 
Location: Oklahoma(formerly SoCalif) Originally Mich,
13,387 posts, read 16,207,047 times
Reputation: 4611

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I wrote a letter to Indiana "State Representative Trent Van Haaften" in support of their new Immigration bill about to pass the Senate.
I received a response explaining"loopholes"in SB 335.

__________________________

Thank you for emailing me concerning SB 335. Illegal Immigration and its impact on the State of Indiana is an important issue our state is facing, and all states are bound to face sooner of later. From your email it is apparent you are in support of combating this problem by holding employers accountable for providing jobs to those in our country illegally.

However, I do have concerns you have been misled by SB 335 and what the language of the bill actually allows for. In reading the bill I found it contains huge loopholes for Indiana businesses and avoiding the responsibility of verifying the legal status of their employees.

As chairman of the House Public Policy Committee I decided to give SB 335 a hearing and in doing so, made a point of studying the language of the bill. If you read it I am sure you will come to the same conclusion I did: Sen. Mike Delph and the Indiana Senate have not been forthcoming in the actual contents of the bill.

The entire Senate bill can be accessed at the following:

Senate Bill 0335

As you can see, a huge loophole in the Senate bill exists in the definition of "employee." SB 335 as it exists now defines "employee" as the following:



Sec. 3. As used in this chapter, "employee" means an individual who:
(1) works or is hired to work for at least one thousand five hundred (1,500) hours during a twelve (12) month period;
(2) performs services for an employer; and
(3) is an individual from whom the employer is required to withhold wages under IC 6-3-4-8 or is an employee described in IC 6-3-4-8(l).



Under the Senate version of the bill, an employer only has to verify the legal status of a person they are going to employ for 1,500 hours in a year. Think about this. How many illegals are seasonal workers? How many illegals work for 2 or 3 months in one spot and move on to another employer? Under the Senate version of this legislation an employer would have absolutely no duty to verify the legal status of any of these workers!



How effective would this be? An illegal could be hired to work 60 hours a week for the summer months and there is no requirement for the employer to verify their status. An employer could hire 100 workers a month, let them go after two months and they would face no repercussions for hiring illegals over our own citizens! How many illegals apply for employment for 1,500 hours in a year? Do the math and you can see the Senate version of this legislation creates a loophole that will do very little in terms of requiring employers to help in combating illegal immigration. We have heard much about the application of the "rule of law." In committee this week, I directly asked Sen. Delph if SB 335 applied the "rule of law" uniformly to employers and he admitted it did not.



I can tell you I was disappointed when I sat down and read the language of SB 335 If SB 335, as it is written now, were to become law, many citizens would be disappointed in learning how just about every employer of illegal aliens could still skirt the law.



SB 335 was heard in my committee on February 13th. I held the bill until this Monday, February 18th so amendments could be prepared to close the loopholes. Rep. Vern Tincher and I will be offering amendments to the Senate bill which would require employers to verify the legal status of all new hires. By closing these loopholes, we will make sure the bill has teeth and will be effective in curbing and eliminating the hiring of illegal aliens. We will see that every loophole is closed.



I hope you take the time to actually read the language of the bill the Senate passed over to the House. If you do you may have some of the same questions that I had. Why did Sen Delph and the Indiana Senate not make the public aware of these loopholes?



Once again, thank you for contacting me about SB 335. I do find it ironic that I have constantly received emails warning me that Indiana House Democrats had better not "water" down this bill. If you take the time to read the bill, you will see Indiana House Democrats are actually attempting to keep the bill from drowning in the loopholes the bill currently contains.



Trent Van Haaften

State Representative

District 76
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Old 02-15-2008, 10:03 AM
 
Location: Arizona
2,065 posts, read 3,174,996 times
Reputation: 391
Looks like Trent Van Haaften is paying attention. I hope Indiana voters are doing the same, and will keep this man in their employ come election time.
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Old 02-15-2008, 10:17 AM
 
Location: Oklahoma(formerly SoCalif) Originally Mich,
13,387 posts, read 16,207,047 times
Reputation: 4611
This is my response back in reference to the loop hole.



------------------------------------------------------------------------

Dear Trent Van Haaften
Ind, State Represenative

Thank you so much for pointing out this loophole in "Bill SB 335". After reading the bill myself I have also noticed some very weak and unspecified "Exemption" which could possibly leave
flood gates unlocked for many main issues of the bill.

As a Citizen concerned about where our country will stand in the near future and an Advocate against "Illegal" Immigration, I will pass this information on to other concerned Citizens across Indiana and the other 49 States.

Your information has alerted The citizen to be more watchful toward other Immigration bills such as "SB 335" that will be initiated in the near future.

Please keep me informed on any changes made to SB 335.

Resectfully
XXXX XXXXX
mkfarnam@yahoo.com

Illegal Immigration ALIPAC
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Old 02-15-2008, 10:24 AM
 
Location: NM
402 posts, read 938,447 times
Reputation: 206
Good for Trent Van Haaften!! We need more Representatives like him!!!
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