State Workforce Partnership Program Act
The State Workforce Partnership Program Act addresses critical labor shortages by authorizing state-issued work permits for eligible immigrants to work in designated industries. The program ensures compliance with federal immigration laws, prioritizes state oversight, and safeguards opportunities for state residents while providing industries like agriculture, construction, and healthcare with essential labor. The Act includes robust employer responsibilities, program oversight, and safeguards to prevent misuse.
Key Provisions
Work Permit Authorization: Grants state-issued work permits to eligible immigrants with pending federal immigration status, valid for two years and renewable upon continued employment.
Eligibility Requirements: Applicants must prove state residency, pass a criminal background check, and secure a job offer in critical industries such as agriculture, construction, healthcare, and hospitality.
Employer Responsibilities: Employers must verify work permit validity, maintain employment records, and comply with state labor laws. Violations may result in fines and suspension from the program.
Program Oversight: The state Department of Labor oversees the program, issuing and renewing permits, and submits annual reports to the legislature on permits issued, benefiting industries, and any violations.
Safeguards and Limitations: Work permits do not confer legal immigration status and are valid only for employment within the state. The program does not interfere with federal immigration enforcement activities.
Model Language
Section 1. Short Title: This Act shall be known as the “State Workforce Partnership Program Act.”
Section 2. Purpose: The purpose of this Act is to address critical labor shortages by authorizing state-issued work permits for eligible immigrants, while ensuring compliance with federal immigration laws and safeguarding opportunities for state residents.
Section 3. Definitions
(a) “Work permit” refers to a state-issued document granting authorization for an eligible immigrant to work within the state.
(b) “Eligible immigrant” refers to an individual residing in the state who:
Possesses documentation indicating a pending or unresolved federal immigration status.
Has passed a criminal background check conducted by the state.
Has demonstrated intent to work in an industry identified as critical by the state.
(c) “Critical industries” include agriculture, construction, healthcare, hospitality, and any other sector designated by the state Department of Labor.
Section 4. Eligibility Requirements
(a) To qualify for a work permit, an applicant must:
Provide proof of residence in the state for at least [X] months.
Pass a criminal background check.
Secure an offer of employment from an employer operating within the state.
Agree to comply with all state and federal tax laws.
(b) Work permits shall be valid for a period of [2 years], renewable upon verification of continued employment.
Section 5. Employer Responsibilities
(a) Employers hiring workers under this program must:
Verify the work permit’s validity.
Maintain records of employment for all permit holders.
Provide fair wages and working conditions in compliance with state labor laws.
(b) Employers found in violation of program requirements may face penalties, including fines and suspension from participation.
Section 6. Program Oversight and Reporting
(a) The state Department of Labor shall oversee the issuance and renewal of work permits.
(b) An annual report shall be submitted to the state legislature detailing:
The number of permits issued.
Industries benefiting from the program.
Any issues or violations identified during the year.
Section 7. Safeguards and Limitations
(a) Work permits issued under this Act do not confer any legal immigration status under federal law.
(b) Permit holders may only work within the state and may not transfer employment to another state.
(c) The state shall not interfere with federal immigration enforcement activities.
Section 8. Sunset Clause: This program shall expire on [date], unless reauthorized by the legislature.
Section 9. Severability: If any provision of this Act is found unconstitutional or invalid, the remaining provisions shall not be affected.
Section 10. Effective Date: This Act shall take effect immediately upon enactment.