Published: Feb. 23, 2010
Updated: 2:13 p.m.
Most O.C. cities not using worker-legality tool
BY CINDY CARCAMO


CLICK HERE to read about E-Verify and the stimulus package

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COSTA MESA – At the height of the immigration debate about four years ago, Mayor Allan Mansoor propelled himself and his city into the front lines with his tough stance against illegal immigration.

He garnered national headlines when he aligned himself with the Minuteman Project, targeted day laborers and pushed for a program that trained officers to perform some duties of federal immigration agents.

That's why some question why the city of Costa Mesa – noted for leading the way in the county's fight against illegal immigration – isn't using a 6-year-old federal program called E-Verify, which is intended to weed out employees who are working in the country illegally.

"Some other issues have taken the forefront," Mansoor said, referring to the budget crisis and the fairgrounds sale. "E-Verify and some other types of enforcement measures are certainly on our radar. I am supportive of them."

Costa Mesa, however, isn't alone, according to a Register analysis of E-Verify data provided by the Department of Homeland Security.

Most cities in Orange County don't use the free system, which allows employers to check the validity of a new hire's Social Security number to determine whether he or she is authorized to work in the United States.

Only the following cities had enrolled for E-Verify as of Jan. 26 of this year, according to the U.S. Citizenship and Immigration Services records:

•Brea

•Buena Park

•San Juan Capistrano

•Santa Ana-Personnel Services

•Orange

•San Clemente

•Mission Viejo

CLICK HERE TO SEE WHICH EMPLOYERS IN YOUR CITY USE E-VERIFY

E-Verify started in 1996 as a pilot program in seven states. It was expanded to all 50 states in 2004 and now has more than 100,000 employers signed up.

A little more than 1 percent of Orange County's roughly 95,000 employers have signed up for E-Verify, when comparing employment and Department of Homeland Security data.

Currently, the computer program is only mandatory for businesses contracting with the federal government. The program is completely voluntary for other employers, though they're encouraged to use it.

Still, activists on both sides of the immigration debate are critical of local cities that have some of the strictest ordinances affecting day laborers while at the same time failing to enroll in a system that helps exclude illegal workers in their own hiring practices.

Costa Mesa is fighting to keep an anti-solicitation ordinance targeted at day laborers, which immigrant and civil rights groups are challenging with a lawsuit.

Pablo Alvarado, who spoke at a press conference announcing the suit earlier this month, said he thinks it's easier for the city to target the highly-visible day laborer population than to screen their own workers.

"I think for these municipalities it's easier to go after the most vulnerable people in order for them to have a good standing with the anti-immigrant folks," said Alvarado, director of the National Day Laborer Organizing Network based in Los Angeles. "I think it's very hypocritical. It's about benefitting from the fruit of immigrant labor."

Anti-illegal immigration leaders -- such as Minuteman Project founder Jim Gilchrist -- were taken aback by the data.

"Costa Mesa was the iconic leader in Orange County with Mayor Mansoor several years ago and sort of leading the charge for other communities, not just Orange County but nationally, to deal with the illegal alien problem and to find out that they are not opting into E-Verify is a little surprising," he said. "I'm kind of speechless."

Others said they felt the same.

"Good thing I was sitting down," said Barbara Coe, who leads California Coalition for Immigration Reform, an anti-illegal immigration group based in Huntington Beach. "I am absolutely shocked about Costa Mesa. I'm shocked that they wouldn't have gotten around to it. I'm going to personally call his office...This strikes me as just incredibly deviant from the norm in that city."

Mansoor said he would soon introduce what he called a "comprehensive package," including E-Verify for his city. However, he wouldn't say when that would happen or provide any more details.

Currently, it seems that in Orange County, only Mission Viejo requires contractors they do business with to use E-Verify. The city also has a no-trespassing ordinance that limits where day laborers can gather in the city to look for work.

Mission Viejo Mayor Trish Kelley called it "setting an example."

While she said she doesn't see the direct link between the city's ordinance and E-Verify, she did say the two likely complement each other.

"I think we are covering our bases by having implemented the program," Kelley said of E-Verify. "I can't speak for other cities, but from what I know for the city of Mission Viejo, it has provided us with an assurance that we are doing all that we can do ... to ensure that those that are working in our city are here legally and in compliance with the law."

The city of Dana Point has a no-trespassing law similar to Mission Viejo's that affects day laborers but hasn't enrolled in E-Verify.

City officials there passed the ordinance months after a demonstration in 2007 between day laborer supporters and Minuteman activists. Assistant City Manager Mike Killebrew said the law was passed to address business owners concerned about people – not just day laborers per se – trespassing on their property.

Killebrew said he doesn't see the connection between the ordinance and failure to use the federal program.

Lake Forest had a similar ordinance but dropped it after they were sued by the American Civil Liberties Union. The city also has not signed up for E-Verify nor forced their contractors to sign up after taking up the issue at a council meeting.

Most cities have some sort of language in their contracts with employers they do business with to abide by state and federal laws. However, anti-illegal immigration activists have said that's just as good as handing a Social Security number to employers who'll take it at face value because they are not required by law to check the validity of the number.

While immigrant rights groups say the system is ridden with errors, anti-illegal immigration activists say it is the best tool to screen for illegal workers because it attempts to match a new hire's Social Security number and other Form I-9 information.

Like Costa Mesa, Orange also has an active anti-solicitation ordinance, aimed at stopping day laborers from congregating and soliciting work.

Orange is currently enrolled with E-Verify, according to federal data. However, the city does not make it mandatory for their contractors to sign up for the system.

At first Mayor Carolyn Cavecche said she believed that what the city has in place – contracts with language about conforming with federal, immigration and state laws – was just as good as E-Verify.

Upon further review, however, Cavecche said she'd have staff take another look at the issue.

"It does look like we need to have more verification on the city's part," she said. "We need to backtrack with our contractors to make sure they are upholding the language of our contract. We'll be looking into that."

ccarcamo@ocregister.com



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