http://www.capecodonline.com/cctimes/sandwichfine25.htm



--------------------------------------------------------------------------------

Sandwich fine-tunes move against illegal workers
By GEORGE BRENNAN
STAFF WRITER
SANDWICH - Special legislation would give Sandwich selectmen the authority to deny, suspend or revoke the license of a business found by federal authorities to have hired illegal foreign workers.

The proposed home-rule petition requires approval at the Sept. 25 town meeting and by the state Legislature. It no longer includes a $1,000 fine for those businesses, as it did when Selectman Douglas S. Dexter proposed the measure in June, because fines are covered by federal immigration law and would likely prompt a legal challenge.

The language written by the town's attorney was released last night, but the selectmen took no action.

They will vote on the proposal at 7 p.m. Sept. 7 at the town Human Services Building on Quaker Meetinghouse Road.

The local punishment would piggyback on any federal action by the U.S. Immigration and Customs Enforcement agency against a Sandwich business.

Federal authorities could not say whether there has ever been such a case involving a Sandwich business. Earlier this week, an illegal immigrant was arrested by the Sandwich police after crashing a car into a utility pole. He was charged with operating a motor vehicle while under the influence of alcohol, but he was taken into custody by federal authorities at Barnstable District Court because he was wanted on a deportation warrant. During his arrest, Carlos Ferreira, 22, told police he worked at a Sandwich restaurant, according to a police report. That restaurant's owner denied the claim.

Federal authorities refused to comment on whether they will investigate the restaurant.

As part of the proposed home-rule legislation, Sandwich business owners would be required to certify they have never been found in violation of federal laws regarding the hiring of illegal immigrants.

The requirement would be part of an initial business license and permit application, as well as renewals, according to the proposed legislation.

The selectmen had the legislation drafted by the town's lawyer, in part, to avoid a protracted legal tangle.

''It is my opinion that a local law which penalizes employers for knowingly hiring undocumented workers by revoking a business license may survive a legal challenge,'' wrote John Giorgio, the town's lawyer, in a July 26 e-mail.

Earlier this month, the Puerto Rican Legal Defense and Education Fund filed suit against Hazleton, Pa., for a city ordinance aimed at business owners who hire undocumented workers. That ordinance includes a $1,000-a-day fine for landlords who rent to illegal immigrants.

George Brennan can be reached at gbrennan@capecodonline.com.

(Published: August 25, 2006)

Copyright © Cape Cod Times. All rights reserved.