DENVER — Could the City and County of Denver hire migrants?
Denver leaders have not announced any plans to do so, but it’s a question some people have started to ask as the migrant crisis worsens. Immigration advocates say it would be a courageous, bold move for any city to take.
Some immigration attorneys believe it’s legally possible for cities and states to hire migrants who have not been authorized by the federal government to work in the United States. But hiring migrants would carry great risks and potentially put the city in a legal showdown with the federal government.
For months now, Denver Mayor Mike Johnston has been working to help migrants get work authorization so they can support themselves. He’s made multiple trips to Washington, D.C., visiting members of the Biden Administration and members of Congress.
Most newly arrived migrants are not able to work due to a 1986 federal law known as the Immigration Reform and Control Act (IRCA). Immigration attorney and law professor Cesar Cuauhtémoc García Hernández said there’s just one problem.
“That law is quite clear that it applies to private employers as well as federal government agencies. But that law says absolutely nothing about applying to state or local governments,” said García Hernández.
He said because the law doesn’t apply to local governments, cities like Denver could hire migrants themselves without the federal government’s permission.
García Hernández said no city has tried this before and said it would be a bold step.
“It really takes political courage,” said García Hernández.
He acknowledges, though, that it would come with risks.
“I would imagine that the Biden administration would think very seriously about suing Denver or any other city that decides to put its neck on the line and take a bold step like this,” said García Hernández.
City officials have looked into the idea but remain concerned about the potential legal risks.
“The City of Denver is hyper-focused on securing federal work authorization as quickly as possible for as many migrants as possible,” a spokesperson with the mayor’s office said. “We’ve been working directly with USCIS on these work authorization clinics, and for those individuals without work authorization, we’ve been consulting with the White House on how to legally support newcomers while maintaining the fiscal health of the City.“
García Hernández said the idea was initiated through lawyers at the University of California who teamed up with student activists to pressure university leaders to develop creative ways to support undocumented students, including hiring them. However, last month, the University of California regents decided not to move forward with the proposal, saying it was not legally viable.
"I know that many in our community will be disappointed that we are unable to take immediate action. As an individual, I would like nothing more than to do so, right here, right now, because it is the right thing to do," University of California president Michael Drake announced in a statement. "However, we have a fiduciary responsibility to consider all possible ramifications of our actions. We must avoid exposing our students and their families to the possibility of criminal prosecution, deportation, or anything that might force a change in their immigration status."
As Drake indicated, violations of the IRCA could result in civil and criminal penalties, including imprisonment. That threat alone could be enough to keep city and state officials across the country from pursuing policies that could potentially violate the law. But García Hernández said the risks are worth taking.
“The reality is people are coming, people are here,” said García Hernández. “And so, this is an opportunity for Denver to say, ‘You know if somebody else isn't going to take the lead, maybe it's our turn?’”
As of Monday, Denver has spent $42 million supporting over 38,000 migrants. Johnston estimates the city will spend $180 million this year to support migrants.
