Even with Trump’s victory in November and his upcoming inauguration, Democrats are still pushing against illegal immigration. Recently, Washington Democrats introduced a bill that would prevent child care employers, including families, from reporting criminal illegal immigrants to federal authorities, even if they are suspected of crimes against children, KTTH reports.
House Bill 1128 establishes the Washington State Child Care Workforce Standards Board, giving Democrats more control over the child care sector. This bill sets new regulations for wages, benefits, and working conditions, as well as granting additional “rights” to child care workers.
One controversial aspect of the bill is that it prohibits employers from reporting or threatening to report a child care worker’s immigration status for asserting rights under the act, which raises constitutional concerns.
The report by KTTH explains that House Bill 1128 defines any employer of child care workers, including families, as a “child care employer,” extending its reach to private hiring arrangements. Democrats argue that the bill addresses issues of low pay and high turnover in the child care industry, with the aim of enhancing worker protections and stability to improve quality and accessibility.
However, critics argue that the bill represents a partisan control over the child care industry and protects illegal immigrants, even those who may pose risks.
A contentious provision in the bill prohibits employers from reporting a child care worker’s immigration status if the worker is exercising rights granted under the legislation. This could potentially lead to retaliation claims long after an incident.
If a child care worker is discovered to be in the country illegally while invoking these rights, employers are forbidden from reporting them to federal authorities. Critics warn that this loophole could allow negligent or abusive workers to evade accountability, putting children at risk and allowing them to seek employment elsewhere.
The bill also raises concerns about its constitutionality as it conflicts with federal law. The Immigration Reform and Control Act mandates that employers verify work authorization and prohibits the employment of unauthorized workers.
A state law that prevents employers from reporting illegal workers interferes with federal obligations, potentially violating the Supremacy Clause, which asserts that federal law takes precedence. Critics argue that this interference undermines immigration enforcement and federal authority.
Despite concerns regarding constitutionality and safety, supporters remain focused on protecting workers, while opponents emphasize the risks to children and families. As debates continue, the bill highlights the ongoing tensions between state policies and federal immigration laws, with significant implications for the child care sector and beyond.
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