The Immigration Fight Gets Ugly

A law making it a felony to be an undocumented worker is sowing conflict in Mississippi, as states take action in the absence of federal immigration reform

by Moira Herbst

Atlantic Scaffolding, which employs nearly 400 at a Pascagoula (Miss.)-based Chevron (CVX) refinery, has let go at least eight workers this month. The company says some workers were laid off for economic reasons, and others may have been terminated for just cause. But at least three of the workers have filed complaints with the Equal Employment Opportunity Commission, alleging they lost their jobs because of their Latino ethnicity. The workers say although they are legally eligible to work, they were fired on July 2, following the July 1 implementation of a Mississippi state law cracking down on undocumented workers and their employers.

The Mississippi law is the most extreme step that's been taken by proponents of tougher controls against illegal immigrants. These crackdowns by state and federal authorities are having their intended effect: They have combined with a sputtering economy to drive many immigrants out of the U.S., according to a forthcoming analysis by the Center for Immigration Studies. According to its study of monthly Census Bureau data, the illegal immigrant population has declined "significantly" between last summer and May of this year. Full findings of the study will be released on July 30.

But worker advocates claim innocent workers also are being swept up in the ensuing response from employers. "Some employers are misunderstanding the law and just getting rid of Latino employees," says Bill Chandler, executive director of the Jackson (Miss.)-based Mississippi Immigrants' Rights Alliance (MIRA). "The law is confusing for employers and devastating for workers."

Brandon Munn, a spokesman for Atlantic Scaffolding, denies the workers were let go in reaction to the law taking effect. Chevron declined to comment on the allegations against the contractor.

Filling the Void Left by Congress

The scene in Pascagoula is a reflection of a drama being played out across the country. Since the U.S. Congress has failed to pass comprehensive immigration reform, states and the federal Immigration & Customs Enforcement (ICE) organization, part of the Homeland Security Dept., have taken the issue into their own hands. States including Oklahoma and Arizona (BusinessWeek, 12/13/07) have passed laws with harsh penalties for companies that knowingly employ undocumented workers. Mississippi's law has the toughest provisions yet against undocumented workers. The measure makes it a felony to perform undocumented work, and calls for one to five years in prison and up to $10,000 in fines.

ICE is stepping up its raids across the country. The most recent came in May against Postville (Iowa)-based Agriprocessors. That followed other raids (BusinessWeek, 1/3/08) at Smithfield (SFD) and Swift & Co. meatpacking plants. On July 24 the House Judiciary subcommittee on immigration, citizenship, refugees, border security, & international law held hearings on immigration raids, with testimony from labor union, community, and religious leaders who called the raids inhumane.

States Step Up

So far in 2008, 1,267 immigration-related bills have been introduced in state legislatures, with at least 175 of those becoming law in 39 states, according to the National Conference of State Legislatures (NCSL). That compares with a 2007 record total of 1,562 bills introduced, of which 240 ultimately became law.

"States are taking the lead in responding to immigration challenges because Congress will not," says Sheri Steisel, an attorney for the NCSL.