Relating to the suspension of certain licenses held by employers for the knowing employment of persons not lawfully present in the United States.
Impact
If enacted, HB 48 will considerably alter the legal landscape regarding employment practices in Texas. The new provisions will empower the Texas Workforce Commission to enforce compliance by allowing them to issue suspensions of licenses for employers found in violation. This could effectively deter employers from hiring undocumented workers and encourage them to verify the immigration status of their employees. Furthermore, the bill mandates that all licensing authorities uphold these standards, thereby creating a state-wide approach to immigration employment regulation.
Summary
House Bill 48 is focused on the suspension of licenses held by employers who knowingly employ individuals not lawfully present in the United States. The bill outlines a framework for regulating this aspect of employment law and seeks to address issues surrounding illegal employment practices. Its main objective is to ensure that employers adhere to federal immigration laws by implementing penalties for non-compliance, specifically through the suspension of necessary licenses to operate a business.
Contention
The contentious points of HB 48 stem from the balance of enforcing immigration laws while protecting the rights of workers. Proponents argue that the bill is necessary to uphold the integrity of labor laws and prevent exploitation within the workforce. However, opponents express concerns that the strict liability placed on employers might lead to the unjust punishment of businesses for unintentional errors in the verification process. This has led to debates about how the bill could impact small businesses and employment opportunities against the broader goal of immigration enforcement.
Relating to certain laws that regulate aspects of illegal immigration in this state, including laws pertaining to the DNA records of certain persons subject to an immigration detainer request, the recognition of certain out-of-state driver's licenses, inviting certain federal agencies to participate on the homeland security council, the reporting of certain uncompensated hospital care costs, and certain requirements for participation in the E-verify program; increasing a criminal penalty.
Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions, and authorizing under certain circumstances the removal of persons who violate certain of those prohibitions; creating criminal offenses.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Homeland Security Division, and to compensate persons affected by those threats.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing the Texas Homeland Security Division and the Border Security Advisory Council, and to compensate persons affected by those threats.
Relating to suspending the employment of certain persons who provide care to individuals with an intellectual or developmental disability and who are alleged to have engaged in reportable conduct; providing an administrative penalty.
Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.
Relating to the regulation of migrant labor housing facilities; authorizing an increase in the amount of a fee; changing the amount of a civil penalty.