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County weakens immigration ordinance
BY GINNY SKALSKI, The Island Packet
Published Thursday, December 7, 2006
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The Beaufort County Council stripped two controversial provisions from its proposed illegal immigration ordinance Wednesday, opting instead for a plan that does little more than what's already allowed under the county's business-license ordinance.

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Beaufort County proposed illegal immigration ordinance.

The council also decided to schedule a special meeting during the last week of December so it can cast a final vote before six new council members are sworn in Jan. 2.

Had the provisions remained, businesses would have been encouraged to verify Social Security numbers on the federal government's free Web-based Basic Pilot Program.

Additionally, residents would have been allowed to lodge complaints against businesses suspected of employing undocumented workers.

"It took out a lot of the things that did not conform with federal law according to our information or our advice," said councilwoman Starletta Hairston, who proposed the measure.

The changes -- which pared the ordinance down from seven pages to four -- were made after the council hired the McNair Law Firm to address any legal concerns.

The ordinance would let the county revoke a company's business license if it's found to knowingly employ illegal immigrants.

But the county might already have that power under its existing business-license ordinance.

As it stands, business owners agree not to employ undocumented workers when they sign their business-license application. By signing the form, they also agree to allow county officials to inspect business data. County officials have said it's unclear whether that means employment verification documents such as I-9s.

The draft ordinance unanimously approved Wednesday by the council's Community Services and Public Safety Committee makes it clear the county can audit businesses and review I-9s and other documents to verify whether employees are legal. It also spells out the procedure businesses would have to follow if the county is unable to provide those documents.

"All we have done today is take federal law and say, 'If you comply with federal law, you keep your business license,' " council chairman Weston Newton said after the meeting.

Two of the major concerns cited by opponents in the business community are that the government's Web-based pilot program was flawed and that businesses might file unfounded complaints against competitors.

Local immigration attorney Melissa Azallion, who is representing about seven businesses opposing the measure, said removing the two provisions is a step in the right direction, but said she's reserving judgment on the revised ordinance.

"We've obviously been given a substantially different draft," said Azallion who plans to "convene with the business coalition and formulate our opinion and reaction in the next couple days."

The council met with attorneys in closed session for more than two hours Wednesday before discussing the changes in open session. Initially, Newton recommended council send the revised ordinance back to first reading when it meets Monday.

"This is a whole different body of law than we had before," Newton said.

But a majority on the committee decided the ordinance should come back to the council on second reading so there would be enough time to squeeze in a final vote before the newly-elected council is sworn in next month.

If adopted, the ordinance would go into effect Jan. 1, 2008.

Contact Ginny Skalski at 706-8144 or gskalski@islandpacket.com.