The issue of immigration reform reasserted itself on the Congressional agenda following enactment of a controversial immigration law in Arizona that sparked rallies across the country and comments by Sen. Majority Leader Harry Reid (D-NV) that he would move immigration reform this year and ahead of climate change legislation.
Though Reid has since indicated that climate change will come first, immigration reform remains active given the April 29 release by Senate Democrats of a “conceptual” proposal.
Importantly, the proposal states that federal law will preempt all state and local immigration or employment verification laws. This is important to apartment firms that could find themselves subject to a patchwork of state and local laws forcing firms to verify the legal status of their residents or establish other quasi-enforcement obligations for apartment owners.
The plan also calls for biometric Social Security cards to verify the legal status of workers and imposes severe penalties for firms that knowingly employ illegal workers once the new system is implemented.
It is unclear, however, whether the Senate will actually consider an immigration overhaul bill this year given the potential political implications for both Democrats and Republicans heading into the 2010 mid-term elections and other pressing legislative priorities. Reid said he would bring it to the floor this summer if Republican support can be secured. However, Sen. Lindsey Graham (R-SC) has pulled back from his partnership with Sen. Charles Schumer (D-NY) on the issue, saying that it will not be considered.