Immigration complaints arriving
By Jill Nolin • jnolin@gannett.com • June 22, 2008

Businesses are violating a new city law against employing illegal immigrants, according to complaints from several residents. City officials expect more complaints to pile up before they can start investigation and enforcement.

The finance department is reorganizing to check out each claim, director Lloyd Faulkner said. There is no timetable for having the process in place, but Faulkner said when it is, things will be done right.

It's been a month since the Montgomery City Council passed the ordinance that would yank the business licenses of anyone who knowingly employs undocumented workers.

Jerry Frady, a resident of Montgomery, sat in the front row of the council meeting last week and held an envelope containing what he called "photographic evidence" and other information that proved violations of the ordinance.

"I promise you I will be accumulating more as time goes by," Frady told the council last week. "This is my passion. This is my country."

Another resident, Sandie Barnett, said she was concerned about how the finance department would be able to handle enforcement.

"We would like to know, if it's not rude or presumptuous, how the heck is this going to work?" Barnett questioned the council.

Barnett praised the city for passing the ordinance, saying it would deter employers from taking advantage of illegal immigrants, a practice she compared to slavery.

Faulkner said his office is ramping up to investigate the claims thoroughly. He said he has not started pursuing potential cases yet because he wants to make sure the process is complete and fair.

The investigations will make sure employers properly submitted documents required by law, but won't check the validity of the documents.

"We are not going to be in the business of determining whether or not the document is a fake or not," said City Councilwoman Martha Roby.

For a first violation, the business license will be suspended until the employer can show that he or she is no longer employing illegal immigrants. If an employer is caught twice in a three-year period, their license will be suspended for one year.

If it happens three times in a three-year period, the employer would be prohibited from doing business in Montgomery.

The council also added a provision that would prohibit employers from skirting the law by paying one legal resident, who then distributes the money to illegal aliens.

Roby has stressed that employers would not be found in violation if the employee's documents later were proven to be fraudulent, as long as the employer can show that the proper documents were sent to the federal government.
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