Reference no: EM131702562

Question: The governor of Missouri issued a press release which included the following announcements: KINGSTON-Gov. Matt Blunt today highlighted his tough new directives in the fight against illegal immigration in Missouri in a visit to the Caldwell County Sheriff"s Office, where on an average day the facility holds approximately 55 immigration detainees. "With Washington failing to enact policies to enforce our federal immigration laws it is necessary for our state to take action," Gov. Blunt said. "We support and welcome lawful immigrants into Missouri but will also continue to take a tough stand against illegal immigration in our state." Gov. Blunt has offered his support to local prosecutors in their efforts in the fight against illegal immigration and reminds prosecutors that state law makes the receipt of tax credits by employers of illegal aliens who are ineligible for state tax credits, tax abatements, or loans a class A misdemeanor, punishable by up to a year in prison. In a letter to prosecutors, the governor notes that since the attorney general has yet to bring a case to enforce this law, it is left to them to enforce the law in their counties. Gov. Blunt also called on his administration to work with ICE for authority under Section 287g of the Immigration and Nationality Act that would deputize state law enforcement officers to enforce federal laws and protect Missourians against illegal immigration. The agreement will allow select troopers, capitol police, and water patrol officers to help enforce immigration laws. The governor has directed his staff to examine the costs associated with the 287g designation and plans to seek funding in next year's budget to help state and local law enforcement agencies pursue the cooperative agreement and help enhance public safety. The governor also directed state law enforcement agencies to verify the immigration status of every criminal presented for incarceration. In addition, he took significant steps to shield taxpayers' money from supporting building projects that employ illegal workers including:

• Conducting random on-site inspections of all projects accompanied by the tax credit recipient to monitor and retrieve documentation regarding the legal status of all workers on the job. The inspections will include direct employees of the tax credit recipient, contracted or subcontracted agents, and both general contractors and their subcontractors.

• Performing a Compliance by Written Demand action for all tax credit recipients that requires all workers' proof of legal status, including contractors and subcontractors to be submitted within 30 days of the date of the receipt of the written request. Based upon what you have learned in this chapter, evaluate the legality of the governor's various proposals in light of

1) federal preemption and

2) due process of law considerations.