Republicans have proposed new legislation that would make hiring illegal immigrants an unfair labor practice, giving the federal government a new avenue to punish businesses that recruit them and labor unions that seek to get them to unionize.
Led by Sens. Jim Banks of Indiana and Bill Cassidy of Louisiana, the bill would give the National Labor Relations Board jurisdiction to investigate and prosecute cases.
“Hiring illegal aliens drives down American wages and pushes our workers out of good jobs,” Mr. Banks said in a statement. “If employers won’t follow the law, we’ll use every tool we have to make sure they face consequences.”
The NLRB investigates unfair labor practices by employers or unions.
Jobs have long been seen as a key magnet drawing illegal immigrants to the United States. Conservatives argue that shutting off that magnet could reduce the flow of migrants.
Under current law, U.S. Immigration and Customs Enforcement takes the lead on probing businesses that hire unauthorized workers. That can include civil audits of businesses’ practices or criminal arrest of employers and administrative arrest of workers who are not authorized.
The new proposal, titled the Putting American Workers First Act, would create another avenue for investigation and prosecution by letting the NLRB police businesses.
The bill would shield employers from unfair labor practice charges for firing illegal immigrants.
It would also shield them from liability for hiring unauthorized workers if they have signed up to use E-Verify, the government’s electronic system for verifying a potential hire’s eligibility to work.
E-Verify is voluntary at the federal level, though some states make it mandatory for employers within their borders.
The new legislation also targets labor unions, which in recent years have emerged as major backers of migrant workers.
They can join unions, and the Biden administration issued guidance prohibiting employers from retaliating against any worker, including an illegal immigrant, for trying to form or join a union.
Some unions have declared themselves as “sanctuary unions,” refusing to voluntarily assist federal agents if union members face prosecution or deportation.
The bill would make it an unfair labor practice to unionize illegal immigrants.
The number of unauthorized immigrants in the U.S. surged during the Biden years, topping 14 million — an all-time high — as of 2023.
The Pew Research Center said 9.7 million of them were in the workforce — 5.6% of the total. Millions of them, despite being in the country without a legal visa, have been issued work permits allowing them to hold jobs while they battle for a more permanent legal status.
GOP Sens. Tommy Tuberville of Alabama and Ted Budd of North Carolina are the original cosponsors of the bill.
• Mary McCue Bell can be reached at mbell@washingtontimes.com.
Please read our comment policy before commenting.