Texas House Bill HB2878

Texas 2011 - 82nd Regular

• Introduced: 3/10/11
• Refer: 3/17/11

Caption

Relating to the creation of certain criminal offenses involving unauthorized aliens, to the forfeiture of property in relation to criminal offenses involving unauthorized aliens, and to the creation of a private cause of action for employing or contracting with unauthorized aliens.

Impact

The implications of HB2878 are significant, as it would amend existing provisions in the Civil Practice and Remedies Code and establish a framework for addressing employment violations related to unauthorized aliens. Furthermore, it includes provisions for civil actions, allowing private individuals to initiate lawsuits against employers who violate the law. This could lead to a substantive increase in litigation and scrutiny of hiring practices across the state, impacting both employers and unauthorized workers. The bill predominantly focuses on legislation that reinforces existing criminal laws while expanding liabilities aimed at preventing the employment of unauthorized workers.

Summary

House Bill 2878 proposes the establishment of new criminal offenses associated with the employment and contracting with unauthorized aliens. The bill specifies that individuals who intentionally, knowingly, or recklessly employ or contract unauthorized aliens may be held liable for actual damages to the state and may also face penalties. This is intended to tighten regulations surrounding immigration-related employment practices and is in line with federal guidelines that govern such actions. The introduction of these offenses may enhance enforcement against employers found in violation of these provisions.

Sentiment

The sentiment surrounding HB2878 appears to be divided. Proponents argue that the bill is a necessary measure to combat illegal employment practices and ensure that employers adhere to immigration laws. They believe that enforcing these regulations will promote fair labor practices and protect American jobs. In contrast, opponents are concerned that the bill may lead to increased discrimination against immigrants and could have adverse consequences for businesses struggling to comply with stringent regulations. The debate showcases a broader national dialogue regarding immigration reform and employment laws.

Contention

Notable points of contention arise primarily from the bill's enforcement mechanisms and potential repercussions for both employers and unauthorized individuals. Critics point out that while the intention might be to uphold immigration laws, the strict penalties could unfairly burden employers who may unknowingly hire unauthorized workers. Furthermore, there are concerns regarding the bill's potential to foster a hostile work environment for immigrants and may lead to socioeconomic disparities as piecemeal regulations can place undue hardships on lower-income communities. The discourse surrounding HB2878 highlights the ongoing conflict between regulatory enforcement and the rights of workers.