Construction spokesmen agree problem exists, disagree with solution
news-leader.com
Written by
Amos Bridges
News-Leader
6:31 AM, Sep. 5, 2011

In the absence of reliable estimates of the number of illegal immigrants in the Ozarks, the Ozarks Minutemen and other supporters of the E-Verify ordinance frequently have relied on anecdotal evidence when asked why their proposal is needed.

"One only has to look at local roofing and construction crews to see the problem," says the group's website.

That statement paints the building trades with too broad a brush, said Matt Morrow, CEO of the Homebuilders Association of Greater Springfield.

"It's unfair and without basis most of the time," Morrow said. "It's a much more rare exception than people think."

Morrow said most builders and subcontractors "are absolutely committed to doing what they do in a way that is legal, ethical and above-board."

Morrow said the HBA isn't "totally against" the use of a program like E-Verify, but has a number of concerns.

Mandating the use of E-Verify in Springfield, but not the surrounding area, creates "an inconsistent standard that potentially could put Springfield at a disadvantage in terms of recruiting new business," he said.

Another concern is related to the use of subcontractors.

A general contractor may not actually hire any of the people working on a project -- and wouldn't be able to E-Verify them -- but still might be held liable if any were illegal immigrants, Morrow said.

"There needs to be a safe-harbor for those builders ... so they're not held responsible for someone else's employees they weren't allowed to verify," he said. "It's an example of how something that sounds very simple and common sense is a lot more complicated than it is on the surface, or at least could be."

Representatives for the roofers' and carpenters' unions had a different take on the impact of illegal immigration on their trades, although they, too, were ambivalent about E-Verify's effectiveness.

"I think in construction in general, not just here but all over the United States, that's one of the issues that we have, illegal immigrants getting into the construction trades," said Kevin Long, the Kansas City-based business manager for Roofers Union Local 20.

Dave Wilson, a spokesman for the Carpenters' District Council in St. Louis, said "absolutely there's a problem."

But he, like Long, said employment of illegal immigrants is part of a larger problem of "mis-classification of employees as independent contractors."

"That's really the bigger problem in construction," Wilson said. By classifying workers as independent contractors, an employer avoids a number of requirements -- including the label of "employer" -- that normally apply to hiring.

Requiring the use of E-Verify would have no effect on such businesses, Wilson said, let alone those that pay workers under the table.

"So we're kind of in the middle of the road on this thing," Wilson said. "We're not convinced E-Verify is the solution."

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