Colorado is one of a handful of holdouts in the battle between federal and state governments over verifying the status of immigrant workers.
The U.S. Department of Labor’s “guidance letter” issued in November 2007, which directed labor departments in 12 states to verify farm workers’ eligibility before allowing them to enter the workforce, received grudging approval in about half of the affected states. The Louisiana Labor Department pointed out that following the DOL’s “guidance” could violate a federal law prohibiting employers from using the federal government’s own electronic employment eligibility verification results as a prerequisite for employment.
Colorado, North Carolina and New York referred the letter to their state attorneys general for review. Idaho has refused to comply unless the federal DOL agrees to hold the state harmless from discrimination lawsuits.
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