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House immigration bill devastating to the Mississippi business community

January 27th, 2011 Comments off

A Mississippi House bill passed Thursday afternoon places the burden of responsibility for illegal immigration on the employers of the state

Thursday’s 80-36 vote came after a short explanation and no debate.

The bill would also allow law officers to check people’s immigration status during traffic stops or other encounters.

POLL QUESTION: Are you for a new House bill that is tough on immigration in Mississippi, but also tough on business employers?

However, the business community has now been placed squarely at the forefront of the immigration debate as the House bill calls for fines of a minimum of $5,000 per day per employee to a maximum for $25,000 per day per employee.

And that applies to small and large businesses as well as everyday citizens, who might have an undocumented housekeeper or lawn service worker.

Businesses found to have broken the law would lose all tax breaks and incentives provided for them and a clawback provision would force previous offenders to pay back money already credited to them over a period of time.

“Illegal aliens are not coming to Mississippi to sell drugs,” David Norquist (D-Cleveland) said Thursday afternoon. “They are here to make money and send that money out of Mississippi and back to Mexico to support their families and the economies of the towns the families live in.

“What we have here with this bill is the penalties have to outweigh the risk of hiring illegal aliens,” Norquist continued. “If employers weren’t hiring illegal aliens, there wouldn’t be an illegal alien issue in Mississippi.”

With the shift of emphasis from law enforcement to Mississippi employers, the bill would make a fund in which all of the fines, from $5,000 to $25,000 a day, would go to re-imburse officials enforcing the law.

This leaves Lt. Gov. Phil Bryant in a precarious position as this bill moves into the Senate.

Does Bryant back the bill, which is tough on immigration?

Or will Bryant back the business community and water down or kill the bill?

On the enforcement side, the state auditor will have the authority to chase offenders, which leaves open the possibility of Howard Industries having to pay back more than $3 million in incentives after a human resources manager was charged after a sweep saw 595 illegal aliens placed on administrative arrest. Of those arrested, nine were charged criminally with aggravated identity theft and ultimately pled guilty to federal identity fraud charges.

Pro-business organizations, like the Mississippi Economic Council, the Mississippi Manufacturers Association, the Associated Builders and Contractors of Mississippi as well as BIPEC (Business and Industry Political Education Committee) are certain to take a hard stand against the bill.

Meanwhile, organizations like the Tea Party are likely to support the bill as hard on illegal immigration.

••• (Update) LaForge issues statement on earmarks

November 17th, 2010 Comments off

An update with my column from this week’s Mississippi Business Journal print edition as well as some links from other stories about LaForge’s comments …

LaForge delivers thoughtful argument in earmark battle

Bill LaForge believes efforts to eliminate earmarks by the incoming U.S. House GOP majority is “short-sighted.”

It was just a couple of weeks ago I wrote a column about LaForge and his recently released book titled “Testifying Before Congress,” which is gaining accolades from across the country.

The Cleveland native is past national president of the Federal Bar Association and is a frequent speaker on the topics of government and Congressional relations, communicating with Congress, the Congressional hearings process and the Congressional appropriations process.

LaForge is a main figure on Capitol Hill, having served as chief counsel of the U.S. Senate Appropriations Subcommittee on Agriculture and culminated his government career as chief legislative counsel and chief of staff to Sen. Thad Cochran. Previously he served as Congressional liaison for the Peace Corps and as a legislative assistant to Mississippi Rep. David Bowen.

So, when he issued a statement last week critical of the anti-earmark wave, it should make all of us stand up and take notice.

His point was that eliminating earmarks will not change budget numbers, going so far as to say eliminating earmarks gives all of the budgeting power to the executive branch.

LaForge’s viewpoint is quite different from the one popular with the masses out there.

But LaForge isn’t one to stick his neck on the line for the hell of it.
He understands the process of Washington and the process of the national budget.

Republicans have abandoned the you-scratch-my-back, I’ll-scratch-yours earmark process, Democrats who still hold a majority in the Senate have to decide whether they’ll try to prop up a system that seems to be collapsing all around them.

With the GOP dead set against earmarks and President Barack Obama urging a crackdown, defenders of earmarks — mostly Democrats but with a few Republicans mixed in — are swimming against a powerful tide.

Earmarking allows lawmakers to steer federal spending to pet projects in their states and districts. Earmarks take many forms. They can be road projects, improvements to home district military bases, sewer projects, economic development projects and even those Predator drone aircraft that are used to kill terrorists in Afghanistan and Pakistan.

They can also include tax breaks for a handful of specific companies, like a tax cut proposed years ago for manufacturers of hunting arrows.

The reason Capitol Hill’s favor factory has churned out so many pork-barrel projects so successfully for so long is pretty simple: Everybody did it, Democrats and Republicans, liberals and conservatives.

Not anymore.

Critics like Sen. John McCain, R-Ariz., and incoming House Speaker John Boehner, R-Ohio, have railed against earmarks for years, even as they proliferated when Republicans controlled Congress. Slowly, the tide has turned in their favor.

Boehner promises that next year’s spending bills won’t have earmarks. The opinion of House Democrats doesn’t matter much since they’ll be stripped of most of their power under a Boehner-led regime.

But it was last week’s surprise announcement by Senate GOP leader Mitch McConnell of Kentucky in support of a two-year moratorium on earmarks that fundamentally shifted the paradigm. Until then, McConnell had been a strong defender of the practice. Banning earmarks wouldn’t save money and would shift too much power to Obama, McConnell said in the days after the midterm Congressional elections.

Despite deep misgivings among many old-timers, Republican senators followed McConnell’s lead and endorsed a nonbinding moratorium on earmarks by a voice vote in a closed meeting.

LaForge says this direction is the wrong one.

“ … McConnell … went along with the party’s conservative wing,” he said. “This is all in reaction to the election and to voter interests in the government, especially the Congress, doing everything possible to reduce spending and get the financial house in order. Congressional Republican leaders feel it is necessary to restore trust in government by the American people.”

Earmarks are not ‘new’ money, LaForge went on to say.

“They only direct where the money will be spent. Essentially, they are directives from Congress on how taxpayers’ dollars should be spent, rather than allowing executive branch agencies to make all the decisions. The same amount of dollars will still be on the table and will be spent.”

A shareholder at Winstead Sechrest & Minick, P.C., specializing in government relations/public policy, LaForge makes a great argument, and a reasoned, thoughtful one.

If only we had more reasoned, thoughtful arguments in Washington, we would be better off.

Contact Mississippi Business Journal editor Ross Reily at ross.reily@msbusiness.com or (601) 364-1018.

••• Other links with similar stories …

A lobbyist’s defense of earmarks: They make the government work

That Earmarks Ban? Mostly For Show

FACT CHECK: Ban on pet projects mostly symbolic

Our Opinion: Doling out our cash

Bennett: Earmark ban good politics, bad policy

Earmark reform won’t dent the deficit

••••••••

Here is the original post from last week …

Cleveland native Bill LaForge, a past national president of the Federal Bar Association, has issued a statement on the topic of earmarks that has become a national issue and rallying cry in the recent national elections.

LaForge calls the efforts to eliminate earmarks as “shortsighted”, giving all of the budgeting power to the executive branch.

LaForge is a frequent speaker on the topics of government and Congressional relations, communicating with Congress, the Congressional hearings process and the Congressional appropriations process.

“Earmarks are not “new” money,” LaForge said in his statement. “They only direct where the money will be spent.

“Essentially, they are directives from Congress on how taxpayers’ dollars should be spent, rather than allowing executive branch agencies to make all the decisions. The same amount of dollars will still be on the table and will be spent.”

A shareholder at Winstead Sechrest & Minick, P.C., specializing in government relations/public policy, LaForge has been a main figure on Capitol Hill as chief counsel of the U.S. Senate Appropriations Subcommittee on Agriculture and culminated his government career as chief legislative counsel and chief of staff to Sen. Thad Cochran. Previously he served as Congressional liaison for the Peace Corps and as a legislative assistant to Mississippi Rep. David Bowen.

Below is his statement, in full …

I decided to issue my own statement on earmark reform:

Yesterday the Senate Republican conference agreed on a two-year moratorium on earmarks. Republican Leader Mitch McConnell reluctantly changed his position of supporting earmarks, went along with the party’s conservative wing, and embraced the idea of a moratorium, thus ensuring the endorsement of the Republican caucus, and avoiding a bitter and devisive intra-party battle. This is all in reaction to the election and to voter interests in the government, especially the Congress, doing everything possible to reduce spending and get the financial house in order. Congressional Republican leaders feel it is necessary to restore trust in government by the American people.

However, in reality, it is a mere symbolic gesture…a political reaction and a “feel-good” outcome for politicians who believe that they must listen to the American people and do their will on this issue. It will have NO impact on the federal budget. Earmarks are not “new” money. They only direct where the money will be spent. Essentially, they are directives from Congress on how taxpayers’ dollars should be spent, rather than allowing executive branch agencies to make all the decisions. The same amount of dollars will still be on the table and will be spent. The sad difference now is that Congress is abdicating its constitutional responsibility and privilege regarding the power of the purse, and turning over all the decisions to the executive branch. To me, this is very short-sighted. But it is an issue rife with demagoguery and political messaging. Politicians are falling all over themselves trying to outdo their rivals on this issue, so you will note that an unlikely coalition involving the President and congressional Republicans is having a field day with this issue. For many, perception has become reality, and it appears that the moratorium is real, at least for now. The Senate action by Republicans comes on the heels of similar action by House Republicans earlier this year. It remains to be seen how congressional Democrats in both houses will respond and what they will do next. It is possible that all or some Democrats, and possibly even some Republicans, will continue to request earmarks. Politically I would envision Republicans making any Democratic earmarks a big issue during the next campaign. Hell hath no fury like a reformed earmarker! Only time will tell.