http://www.charlotte.com/mld/charlotte/15813555.htm

DECISION 2006
How liable are candidates for illegal workers?
STELLA M. HOPKINS
shopkins@charlotteobserver.com

* Workers on Spratt farm part of federal program
* Source: Norman recalls programs now

# Hiding in Plain Sight: Special report on immigration

# Q AND A: | Danica Coto answers questions on immigration

On TV and Web sites, at town meetings and in debates, Carolinas congressional candidates are taking aggressive stands on curbing illegal immigration.

But almost any candidate who owns a business or rental property could potentially benefit from illegal immigration, by hiring illegal workers or renting to them or contracting with a company that employs them.

So how far should candidates go to ensure that their employees or those of companies working on their properties are here legally?

None interviewed by the Observer is using voluntary federal programs that could identify illegal immigrants. Neither do many employers, but successful congressional candidates may vote on changes to the nation's flawed immigration system.

Following the law is a minimum requirement, said Jack Marshall, a Virginia lawyer and ethics consultant to business and government. "Someone who is running for Congress puts themselves in a position where they need to be judged at a higher standard."

An Observer review of financial disclosures in six regional races found some candidates with business interests that could directly or indirectly link them to illegal workers. They vary from Heath Shuler's development company to his opponent U.S. Rep. Charles Taylor's timber tracts, and from U.S. Rep. Robin Hayes' small hosiery mill to his opponent Larry Kissell's single rental house.

Also at issue: How far should accountability extend?

Last month, the Observer found illegal immigrants working for contractors on two S.C. sites under development by Ralph Norman, a Republican congressional candidate. Marshall and another ethics expert dismissed the Rock Hill developer's claims that he was not responsible because the men weren't his employees.

"He's staking out a leadership position on principle ... but then is clearly failing to be anything like a leader in his own business," said Richard Toenjes, a philosophy professor and associate in UNC Charlotte's Ethics Center. "Benefiting from something that he opposes officially is surely bordering on hypocrisy."

Critics of Norman's Democratic opponent, U.S. Rep. John Spratt, try linking him to a brother-in-law who runs an S.C. greenhouse operation with a large Latino work force. The owner, Louis Stacy, says Spratt and his wife have never had a stake in the business.

Marshall, whose sister is also an attorney said, "I would be puzzled if anybody held me accountable for anything she did. If there's genuinely no connection, there's no problem with it."

Congressional filings

The Observer reviewed disclosure statements, filed with Congress, by 11 regional candidates. Bill Glass, the Democrat opposing U.S. Rep. Sue Myrick of Charlotte, did not file. He said in an e-mail that he is a salesman with no business stakes.Myrick, a Republican and one of the most outspoken proponents of stopping illegal immigration, is one of three whose filings show no business holdings. The others are Democrat Richard Carsner, challenging Republican U.S. Rep. Patrick McHenry in the 10th District, and Republican Ada Fisher, running against Democratic U.S. Rep. Mel Watt in the 12th District. Watt said he has sold his stake in an assisted living center and has no other holdings.

Seven candidates listed business ventures that could potentially profit from illegal help.

Illegal immigration is increasingly contentious in the Charlotte area as strong growth creates jobs -- the top lure for people crossing the border illegally. North Carolina, with one of the fastest-growing immigrant populations, has an estimated 390,000 illegal immigrants. South Carolina has 55,000.

Hiring illegal immigrants is against the law. But the law requires only that employers visually inspect documents such as Social Security cards -- a loophole that has enabled undocumented workers to get jobs and helped fuel illegal entry.

Employers can use federal programs that help verify whether employees are using valid Social Security numbers and are authorized to work. The programs are not foolproof.

Hayes, a Concord Republican, is a strong advocate of border security. He's running for re-election in the 8th District, stretching from Charlotte to Fayetteville. One issue to be resolved after tightening the borders, he said, is providing "identification systems that a potential employer can rely on as being accurate."

Hayes is president and owner of an N.C. hosiery mill with 12 workers, most longtime.

Kissell, his Democratic opponent and a teacher, said through a spokesman that he has had only a few tenants in his rental house, mostly other teachers.

McHenry's holdings include property that count his brother and a state agency as tenants.

"The federal government has not given businesspeople the ability to verify, in a solid way, who is here legally and who is here illegally," McHenry said.

Western N.C. race

Shuler, a Democrat, is facing Taylor, a Republican, in Western North Carolina. The campaign is one of the nation's most expensive and closely watched as Republicans try to retain their congressional majority. Taylor, one of the wealthiest House members, owns timber tracts. He contracts for the harvesting.

"I certainly hope that any sawmill or other company involved in the harvesting of timber is responsible in its hiring practices, and I expect them to hire only legal workers," he said in an e-mail sent by staff. "All the workers on my personal farm in Brevard are US citizens, and most have been long-time employees."

Shuler, a former NFL quarterback, said his development company Shuler Properties has only three employees. He said he's known them for years and is sure they're U.S. citizens. He's sure that's also true of the contractor's employees doing site preparation for his third development.

Shuler, who returned in 2003 to his native N.C. mountains, also owns an N.C. tract where he is considering building vacation cabins. He said he didn't know about worker verification programs but would use them if he moved into home building.

"I'm glad that's available," he said. "I'm not aware because I have not had to deal with that."

Decision 2006