http://www.milforddailynews.com/localRe ... leid=91040

Illegals to be banned from jobs in Milford restaurants
By Andrew Lightman/ Daily News Staff
Wednesday, May 3, 2006 - Updated: 12:47 AM EST

MILFORD -- In response to what the Board of Health sees as a growing health crisis, local restaurants may be banned from employing illegal immigrants as a condition of their food serving licenses.

The policy will go into effect this summer.

The board plans to notify restaurant owners and managers of the new policy in a letter to be mailed in June. According to a draft, the move comes in response to a growing concern "with the resurgence of some serious infectious diseases nationally and locally."

After reporting zero cases of tuberculosis in 2004, the Visiting Nurses Association of Milford last week reported treating seven individuals in fiscal 2005, and four more this fiscal year. Most of the local cases have been within the immigrant population, with people who come from areas where tuberculosis is more common, health officials have said.

Concerned the disease may spread in overcrowded homes and in restaurants, the Board of Health has made it a priority to stop it from spreading.

"Not that we’re trying to single out illegal immigrants," said board member Ken Evans. "It’s just that if they are illegal, they probably have not been screened (for infectious diseases)."

It is unclear whether an illegal immigrant would be able to provide medical records to prove he or she poses no health risk, but the new language in the town’s food service permits would seemingly exclude that possibility.

Food service permits, issued by the Board of Health, are set to expire June 30 and will be replaced with ones that effectively ban all illegal immigrants.

As drafted, the new permits will include the following phrase in red lettering, for added emphasis:

"As a condition of this license, with the interest of public health, the licensee shall not employ or allow to work on the licensed premises, any person not present in the United States in compliance with applicable law."

Town Counsel Gerald Moody said that clause is not targeted at illegal immigrants because they are illegal immigrants. Rather, he said it is because the board believes illegal immigrants who handle food pose a greater health risk to the general population.

"They first made a finding, I presume, that there is an increased risk of health problems with undocumented workers," Moody said. "I think what they’re saying is that restaurants that have illegal immigrants or undocumented workers have a greater risk of having health problems."

When health inspectors visit the restaurants, owners and managers will be required to show proof that each of their employees "are in full compliance with all applicable medical and health requirements that are mandated by the United States Government and the State of Massachusetts."

The final draft of the letter will also include a list of acceptable medical forms, including ones required for entry into the United States by the United States Citizenship and Immigration Services, said Public Health Director Paul Mazzuchelli.

Evans, who voted to implement the policy last October, agreed the board implemented the policy because it fears illegal immigrants could pass on a wide range of diseases to restaurant patrons.

"In a sense, I guess we’d be doing some profiling," Evans said. "I guess it’s politically incorrect. But we’re not interested in being politically correct. We’re just interested in the health of the community."

The board already suspects there are currently some illegal immigrants working in area restaurants, he said.

While on routine restaurant inspections, health inspectors will be empowered to request proof that these workers have been vaccinated and screened for infectious diseases.

However, native-born American citizens are less of a concern, he said, because they are less likely to be exposed to infectious diseases like tuberculosis, and more likely to vaccinated against other diseases.

"Legal residents would have all that checking done," Evans said. "If we know they’re citizens, native-born citizens in the United States, it isn’t a concern."



Andrew Lightman can be reached at 508-634-7583 or andrew.lightman@cnc.com.