Patrick: No undocumented workers on state contracts

Banner Staff

Gov. Deval Patrick issued an executive order last Friday prohibiting the hiring of undocumented immigrants to work on state contracts, a decision that has drawn staunch opposition from advocates for Massachusetts’ immigrant communities.

Under the executive order, which went into effect immediately, contractors caught using undocumented workers on state contracts would face fines and termination of their contracts, among other potential penalties.

“I understand how most undocumented immigrants enter Massachusetts seeking opportunities, jobs and a better way of life, and I support balanced immigration reform,” Patrick said. “But undocumented workers cannot work on state contracts and we must enforce that law.”

Federal and state laws already prohibit employers from hiring immigrant workers who are not either permanent residents of the United States or legally permitted to work under a work visa. Federal immigration law also provides a comprehensive framework for employers to follow in verifying the immigration status of all job applicants without engaging in unlawful discrimination.

But that hasn’t stopped immigrant advocates from loudly protesting Patrick’s order.

“We strongly object to the governor’s executive order that punishes state contractors who employ undocumented workers,” said Ali Noorani, executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA). “The only people who lose are immigrant families.”

The coalition said in a statement it fears the executive order would open the door for discrimination against all immigrant families, regardless of status, because employers worried about running afoul of the state may not want to risk employing a person who looks or sounds like an immigrant.

MIRA’s opposition to the governor’s order comes one month after it supported Patrick’s decision to rescind former Gov. Mitt Romney’s controversial agreement with the U.S. Immigration and Customs Enforcement that would have given Massachusetts state troopers the power to, in the course of regular police duties, detain people they determine are illegal immigrants.

“We never expected to agree with Governor Patrick on every issue,” said Noorani. “In fact, we strongly disagreed with the governor on this issue during the campaign.”

Some employers still unlawfully misclassify undocumented workers as self-employed or independent contractors to avoid paying the costs of Social Security taxes, healthcare, pensions, workers’ compensation and unemployment insurance, and other benefits.

The executive order requires contractors to certify that they will not knowingly use undocumented workers in connection with fulfilling their state contracts; to verify the immigration status of all workers assigned to the contract without engaging in unlawful discrimination and to not alter, falsify or accept altered or falsified documents from their workers. The penalties for violating the order include monetary penalties, withholding of payment and suspension or termination of the contract.