U.S. Rep. Lynn Westmoreland's amendment to the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 easily passed the House Friday night, shortly before main bill was approved. The amendment caps financial penalties for businesses guilty of hiring illegal immigrants.

"I was a strong supporter of our effort in the House to strengthen our border security," Westmoreland said, "but I had serious concerns with some of the financial penalties that employers would face if the original legislation were passed as is. My amendment maintains serious fines for employers who hire illegal immigrants but sets reasonable caps and gives needed protections. Originally, there was unlimited liability for employers; I think we set penalties that have a deterrent effect without making a lot of Georgia businesses go bankrupt because of an honest mistake. There are gray areas here; for example, should you fine a general contractor thousands of dollars if a subcontractor hired illegal workers?

"We need to work with businesses to assure that the law is followed. I hesitate to make businesses the first line of enforcement on immigration."

The Westmoreland amendment does the following:
• Puts caps on monetary penalties for hiring or employing illegal aliens so that companies are not subject to unlimited liability. The amendment limits penalties to $7,500 for first time offenses, $15,000 for second offenses, and $40,000 for all subsequent offenses.

• Provides for relief from civil penalties for an initial good faith violation, such as paperwork error or other violation that happens as a result of an attempt to comply.

The amendment passed 247-170.

Westmoreland voted for passage of the overall bill.

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