Many well-intended organizations and individuals are promoting the passage of H.R. 2885, Rep. Lamar Smith's "Legal Workforce Act." Californians for Populations Stabilization (CAPS), in a October 6, 2011 press release /email blast stated the following:

"While CAPS realizes that this bill is not perfect, we feel it’s the only way California, the state that has the most illegal aliens competing for American jobs, will have a chance to mandate E-Verify given the current make-up of the state legislature. However, we will continue to lobby to limit preemption of states’ enforcement rights."

 With all due respect to Chairman Smith and CAPS, this bill has MANY problems, and while I symathize with the plight of Californians, playing Russian roulette with the Constitutional Rights of the other 49 sovereign States is reckless and short-sighted. Merely "limiting" preemption of States' enforcement rights is still a violation of them.

A State's sovereign right to defend itself against invasion is guaranteed and protected under Article I, Section 10, Clause 3, and the 10th Amendment., if not others as well. How many times have we seen bad or flawed legislation moved forward with a "promise" to fix it later?

Remember when Speaker Pelosi said we needed to "pass" the healthcare bill to find out what was in it? How's that working out for us, America?

For decades we've passed flawed legislation in lieu of enforcing the laws already on the books. Congress "authorizes" an enforcement bill, and then either never "appropriates funds" to enforce it, or strips the funding later, thereby neutering any "real" resolution to a problem the legislation was intended to resolve in the first place.

What does happen is "We the People" give up a little more liberty under the pretense of gaining more security, and end up with NEITHER!

I won't argue that there are many organizations who totally oppose E-Verify, but FIRE Coalition is not one of them. In fact, we have fully supported the voluntary program, while opposing any mandate from the federal government to force E-Verify on the States. FIRE Coalition also has, and will continue to fully support State laws that mandate E-Verify participation.

State-mandated E-Verify participation preserves the sovereign States' right to withdraw from the program by repealing the State law should the feds "change" E-Verify, or morph it into something that doesn't serve its intended purpose. What's California going to do when a future Congress turns E-Verify into the mark-of-the-beast?

Do Californians really want to have to get the federal government's "approval" to get a job? I don't believe CAPS wants that. 

The "Legal Workforce Act," H.R. 2885 also abdicates too much Congressional authority and responsibility to the Executive, further neutering and weakening the checks and balances Congress is granted under the Constitution.

Download the PDF of H.R. 2885, turn to page 8, lines 9-12 and you'll see what I mean. As Michael Cutler, Senior Special Agent, INS (Ret.) stated, "The types of documents acceptable under the "Legal Workforce Act" are a "chinese menu." With many sanctuary States and cities creating illegal alien I.D. cards, and knowingly issuing driver licenses to illegal aliens, the "broken" immigration system opponents of enforcing our immigration laws demagogue as a reason we need "comprehensive immigration reform," the "Legal Workforce Act" will only make things worse.

The portion underlined below is from page 8, lines 9-12, (emphasis added).

I'm sure even CAPS and Chairman Smith have complained about the current administration's "de facto amnesty," as evidenced by President Obama directing DHS Secretary Napolitano to only go after the violent criminal aliens. If Congress passes this bill as is, we won't have to worry about "poison pill amendments." It will be game over for States' Rights and a "lethal injection" for immigration law enforcement.

H.R. 2885 will have codified into law that we are a nation ruled by the whims of the Secretary of Homeland Security, and no amount of whining from Members of Congress will hold any water, because they will have done it to themselves, and worse, to the American people. What happens when Secretary Napolitano decides to "authorize" illegal aliens to work in the United States. H.R. 2885 would give her just that authority.

FIRE Coalition most strongly recommends you READ THE BILL, and then:

  Call the Committees on Education and the Workforce, and Ways and Means, and your Congressman, and JUST SAY NO!

"Feel good" legislation that gives up Congressional authority, (and abdicates responsibility and accountability to the "whims" of the Executive branch), is NOT good leadership, and is NOT in the best interest of protecting our Constitutional Republic.

We the People have GOT TO STOP playing this game, and get serious about securing our borders and ports of entry. There's more wrong with this bill, but as one State legislator confided: "It seems our best hope is that it will die in the Senate."

We shouldn't have to hold our noses, give up individual and States' rights to get Article IV, Section 4 upheld. That's insanity. Protect us against the largest invasion in world history NOW. I encourage House Judiciary Chairman Smith to collaborate with House Oversight and Government Reform Committee Chairman Issa to hold hearings on DHS' refusal to enforce our immigration laws.

Jeff Lewis, National Director, FIRE Coalition