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Levy plan would demand proof of legal workers

BY JAMES T. MADORE
Newsday Staff Writer

July 28, 2006, 10:54 PM EDT

Businesses, social service agencies, town governments and other groups with contracts from Suffolk County would have to file a sworn affidavit each year vouching for their employees' eligibility to work in the United States, under an immigration proposal from County Executive Steve Levy.

The Jan. 1 deadline for submitting affidavits was among the details that emerged Friday when Levy sent his controversial measure to the Suffolk County Legislature for consideration. The earliest a vote could come is Aug. 22.

The proposal, which, if approved by lawmakers, would be the first of its kind in New York State, has been criticized by business groups, including the Long Island Association, and immigrant rights advocates, such as the Hempstead-based Workplace Project.

The measure attempts to increase enforcement of a 20-year-old federal law requiring employers to verify that their workers aren't undocumented immigrants. Levy contends that U.S. officials are overwhelmed and need county assistance.

"Suffolk County has an opportunity to lead by example in an effort to prod the federal government to undertake such enforcement action," Levy said.

The bill also would affect contractors and subcontractors on public works projects that are partially funded with county money. When Levy announced his intentions earlier this month, he only spoke of 100 percent Suffolk-funded work. Subcontractors to charities and other not-for-profits with county contracts would be exempt from the measure.

There are more penalties as well. Filing a false affidavit would carry a fine of between $250 and $2000 or up to six months in jail, or both. And a second violation of the law would carry a fine of up to $2,000 per employee for every day the undocumented person remains on the payroll. There is no change in the penalty for a third offense, which is barring a company from any future contracts with Suffolk.

The bill stipulates that "the documents reviewed and relied upon by the covered employer, or the owners ... must appear on their face to be genuine." But Levy spokesman Ed Dumas said Suffolk doesn't expect businesses to use extraordinary measures to prove worker papers are not forgeries.