Thread: County weakens immigration ordinance

http://www.islandpacket.com/news/local/ ... 1003c.html

County weakens immigration ordinance
BY GINNY SKALSKI, The Island Packet
Published Thursday, December 7, 2006
Comments (19) Add Comment

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.

Web Extras
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.

http://www.heraldonline.com/109/story/10152.html

Counties target illegal workers
By Noelle Phillips · The (Columbia) State - Updated 12/10/06 - 12:21 AM

BEAUFORT -- For two hours Wednesday night, Beaufort County Council members huddled with lawyers behind closed doors -- once again discussing a controversial immigration ordinance.
Outside the meeting room, about two dozen county residents studied photocopies of the ordinance's sixth draft.

The elected officials emerged, a quick public discussion was held and the meeting was adjourned. The audience was left wondering exactly what will become of the county's attempt to curb illegal immigration by forcing businesses to sign forms stating they do not hire illegal workers.

Beaufort is joining a rapidly growing roster of U.S. towns and counties that are taking illegal immigration issue into the their own hands. Many have followed the town of Hazelton, Pa., which passed laws against renting to or employing illegal immigrants.

Those who favor the crackdowns say illegal immigrants put a strain on community school and health-care systems and take jobs from locals.

Opponents say local laws only will increase discrimination against Hispanics and hurt businesses. The federal government should address the issue, they say.

Counties across South Carolina are watching as Beaufort forges into territory long left to the federal government.

"It'll be interesting to see what comes out of Beaufort," said Saluda Town administrator Al Harvey, who said immigration reform is not on his local agenda. "If it bears fruit down there and, in particular, if it passes some kind of court test, you might see it pop up somewhere else."

Immigration became an issue in the 2006 election as concerned citizens began howling over the estimated 12 million people who are in the country without legal documents. In the race for U.S. House in the 5th District, which includes York County, immigration was the most debated issue between Democratic Rep. John Spratt and Republican challenger Ralph Norman.

Norman, a Rock Hill businessman and one-term state legislator, said enforcement of the nation's immigration laws was a federal responsibility and that businesses should not bear the burden of verifying the legal status of workers. Spratt said the Bush administration had underfunded border security.

Many Americans believe Congress has failed to pass significant immigration reform so the pressure has been turned up on state and local governments, said Sidney Evering, a staff attorney with the S.C. Association of Counties.

"Counties are really trying to address the concerns of their citizens," Evering said. "Without the federal government taking a lead, they really aren't left with a choice. They really have to respond to their citizens' needs."

Beaufort originally modeled its ordinance after one created this year in Hazelton, Pa. But that town now is tied up in lawsuits -- something Beaufort wants to avoid.

Beaufort County waded into the immigration waters in September when County Councilwoman Starletta Hairston raised the issue.

Since then, residents have packed County Council meetings to argue their positions. The county's proposal will be discussed again at Monday's council meeting.

Thomas Miller, president of a Hilton Head construction company, said the proposed ordinance changes every time the council meets.

"As they rewrite this, they tone it down every time," Miller said. "They should just leave this up to the federal government."

Those who support the ordinance say the county must take over because the federal government has failed to act.

The ordinance appeals to residents such as Robert and Lorraine Keegan of Hilton Head, who say illegal immigration is putting a strain on the community, especially in local schools and on the health care system.

"They'll eventually make this a Third World country," Lorraine Keegan said. "When the illegals come here and start demanding things, they'll make this like the country they came from."

On the other side, the ordinance has faced a well-funded and well-organized opposition. Home builders, the hospitality industry and chambers of commerce have banded together. A coalition of seven private businesses hired Melissa Azallion, an immigration and employment lawyer with Nexsen Pruet on Hilton Head Island, to investigate the constitutionality of the ordinance.

The Hispanic community also has put up united opposition, led by Louis Bell of the Latin American Council of South Carolina.

The debate has created hard feelings, especially among Hispanics, who feel targeted.

Flor Chaverri, an accountant, said Beaufort County has benefited from immigrant labor for years, especially in Hilton Head and Bluffton, where million-dollar homes have popped up faster than summer thunderstorms.

"The illegal Hispanic community has been treated like a bastard child," Chaverri said. "They've used them for 20 years, and now they don't want to give them their name, admit they're here and take responsibility."

Other counties are jumping on Beaufort's bandwagon.

Dorchester County has started debating an ordinance that mirrors the one originally filed in Beaufort County.

Dorchester Councilman Richard Rosebrock said he introduced the ordinance because of complaints about illegal immigrants from concerned residents who live in the fast-growing county.

"The cost to the American taxpayer is enormous," Rosebrock said. "They are competing for jobs and working for cash and not paying taxes. They come into our schools and demand special privileges like affirmative action and welfare."

Rosebrock said he did not have data to back up those statements but had heard from "people in the know."


All rights reserved. This copyrighted material may not be published, broadcast or redistributed in any manner.